Civil Evidence (Scotland) Act 1988

9 Interpretation. S

In this Act, unless the context otherwise requires—

• “business” includes trade or profession;

• “civil proceedings” includes, in addition to such proceedings in any of the ordinary courts of law—

(a) any hearing by the sheriff F1 . . . of an application [F2 under section 65(7) or (9) of the Children (Scotland) Act 1995] for a finding as to whether grounds for the referral of a child’s case to a children’s hearing are established, [F3 or of an application for a review of such a finding under section 85 of that Act] except in so far as the application [F4 or, as the case may be, the review] relates to a ground mentioned in section [F5 52(2)(i)] of that Act (commission by the child of an offence);

(b) any arbitration, whether or not under an enactment, except in so far as, in relation to the conduct of the arbitration, specific provision has been made as regards the rules of evidence which are to apply;

(c) any proceedings before a tribunal or inquiry, except in so far as, in relation to the conduct of proceedings before the tribunal or inquiry, specific provision has been made as regards the rules of evidence which are to apply; and

(d) any other proceedings conducted wholly or mainly in accordance with rules of procedure agreed between the parties themselves (or as respects which it would have been open to them to agree such rules had they wished to do so) except in so far as any such agreement makes specific provision as regards the rules of evidence which are to apply;

• “court” shall be construed in accordance with the definition of “civil proceedings”;

• “document” includes, in addition to a document in writing,—

(a) any map, plan, graph or drawing;

(b) any photograph;

(c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(d) any film, negative, tape or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;

• “film” includes a microfilm;

• “hearsay” includes hearsay of whatever degree;

• “made” includes “allegedly made”;

• “proof” includes trial or other hearing of evidence, proof on commission and any continued proof;

• “records” means records in whatever form;

• “statement” includes any representation (however made or expressed) of fact or opinion but does not include a statement in a precognition; and

• “undertaking” includes any public or statutory undertaking, any local authority and any government department.

Textual Amendments

F1 Words in s. 9(a) repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 44(a), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F2 Words in s. 9(a) inserted (1.4.1997) by 1995 c. 36, S. 105(4), Sch. 4 para. 44 (b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F3 Words in s. 9(a) inserted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 44(c) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F4 Words in s. 9(a) inserted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 44(d) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F5 Words in S. 9(a) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 44 (e)(with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)