Merchant Shipping Act 1894

695 Admissibility of documents in evidence. U.K.

(1) Where a document is by this Act declared to be admissible in evidence, such document shall, on its production from the proper custody, be admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence, and, subject to all just exceptions, shall be evidence [F1 and in Scotland sufficient evidence] of the matters stated therein in pursuance of this Act or by any officer in pursuance of his duties as such officer.

(2) A copy of any such document or extract therefrom shall also be so admissible in evidence [F1 and be evidence, and in Scotland sufficient evidence, of those matters] if proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer shall furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same . . . F2 but a person shall be entitled to have—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(b) a certified copy of any declaration, or document, a copy of which is made evidence by this Act,

on the payment . . . F2 for each copy.

(3) If any such officer wilfully certifies any document as being a true copy or extract knowing the same not to be a true copy or extract, he shall for each offence be guilty of a misdemeanor, and be liable on conviction to imprisonment for any term not exceeding [F4 two years].

[F4 (3A) Without prejudice to section 6(1) of the Civil Evidence (Scotland) Act 1988 (production of copy documents), subsection (2) above shall not apply, for the purposes of civil proceedings in Scotland, as respects the admissibility of a copy document; but subsection (3) above shall apply to a person purporting to authenticate any such document and to authentication as it applies to an officer purporting to certify any such document and to certification.]

[F4 (4) Subject to subsection (5) below, in Scotland if any person forges the seal, stamp or signature of any document (or copy document) declared by this Act to be admissible in evidence or tenders in evidence any such document (or copy document) with, and knowing it to have, a false or counterfeit seal, stamp or signature he shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding seven years or to both.

(5) Subsection (4) above does not apply in respect of actings which constitute an offence under section 722(1) of this Act.]

Textual Amendments

F1 Words inserted by Merchant Shipping Act 1970 (c. 36), Sch. 3 para. 3

F2 Words repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

F3 S. 695(2)(a) repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(5), Sch. 7 (with s. 58(4), Sch. 8 para. 1)

F4 S. 695(4) repealed (E.W.N.I.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt. I; and substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.72; S.I. 1993/3137, art. 3(2)

Words in s. 695(3) substituted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 67(b); S.I. 1993/3137, art. 3(2)

S. 695(3A) inserted (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 67(c); S.I. 1993/3137, art. 3(2)

Modifications etc. (not altering text)

C1 Reference to penal servitude to be construed as reference to imprisonment: Criminal Justice Act 1948 (c. 58), s. 1(2) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(1) and Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(1)

S. 695(2) amended (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 67(a); S.I. 1993/3137, art. 3(2)