Citation and commencement

1.-(1) This Act of Adjournal may be cited as the Act of Adjournal (Consolidation Amendment) (Miscellaneous) 1994 and shall come into force on 1st August 1994.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of Act of Adjournal (Consolidation) 1988

2.-(1) The Act of Adjournal (Consolidation) 1988(2) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 73A(3) (certificates in respect of documentary evidence)-�

(a)in paragraph (1)(a)(ii), after the words "a person in" insert the words ", or who has been in,"; and

(b)in paragraph (1)(a)(iii), after the words "the person in" insert the words ", or who has been in,".

(3) In rule 122A(4) (certificates in respect of documentary evidence)-�

(a)after paragraph (1)(a)(i), omit the word "or";

(b)in paragraph (1)(a)(ii), after the words "a person in" insert the words ", or who has been in,"; and

(c)after paragraph (1)(a)(ii), for the word "and" substitute the word "or" and insert the following sub-paragraph:-�

"(iii)the authorised representative of the person in, or who has been in, possession and control of the original of it or a copy of it; and".

(4) In Schedule 1, for Form 93(5) (form of certificate of authentication of document) substitute the form set out in the Schedule to this Act of Adjournal.

Paragraph 2(4)

SCHEDULE

Rules 73A(1) and 122A(1)

FORM 93Form of certificate of authentication of document

I, (insert name, address and title of office held), being

the author

[or

the person in [orwho was on (state when) in] possession and control]

[or

the authorised representative of (insert name and address) who [orwhich] is in [orwho [orwhich] was on (state when) in] possession and control]

of

the original(s)

[or

a copy [orcopies] of the original(s)]

[or

a copy [orcopies] of a material part [ormaterial parts] of the original(s)]

of the copy document [ordocuments listed and described below] on which this certificate is endorsed [orto which this certificate is attached]

hereby certify that

it is a true copy

[or

they are true copies]

of [orof part(s) of]

the original(s)

[or

the copy [orcopies] of the original(s)]

or

the copy [

orcopies] of the material part [ormaterial parts] of the original(s)]

[of] which

I am the author

[or

is [orare] [orwas] [orwere] in my possession and control]

[or

is [orare] [orwas] [orwere] in the possession and control of (name and address) of whom [orwhich] I am the authorised representative].

Explanatory Note

(This note is not part of the Act of Adjournal)

This Act of Adjournal extends the categories of persons who can authenticate documents to be used in criminal proceedings for the purposes of paragraph (1)(1) of Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993. It also substitutes for Form 93 a new form of certificate for authenticating such documents, which takes account of the extension.