In any civil proceedings, the evidence of an officer of a business or undertaking that any particular statement is not contained in the records of the business or undertaking shall be admissible as evidence of that fact whether or not the whole or any part of the records have been produced in the proceedings.

The evidence referred to in subsection (1) above may, unless the court otherwise directs, be given by means of the affidavit of the officer.

In section 6 of the Bankers’ Books Evidence Act 1879 (case in which banker not compellable to produce book), after the word “Act” there shall be inserted the words “or under the Civil Evidence (Scotland) Act 1988”.