Statutory Instrument 1994 No. 1769 (S.78)

Act of Adjournal (Consolidation Amendment) (Miscellaneous) 1994

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© Crown Copyright 1994

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1994 No. 1769 (S.78)

HIGH COURT OF JUSTICIARY, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND

Act of Adjournal (Consolidation Amendment) (Miscellaneous) 1994

The Lord Justice General, the Lord Justice-Clerk, and the Lords Commissioners of Justiciary under and by virtue of the powers conferred upon them by sections 282 and 457 of the Criminal Procedure (Scotland) Act 1975^[1], and of all other powers enabling them in that behalf, do hereby enact and declare:

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.

J.A.D. Hope

Lord Justice General, IPD
Edinburgh

1st July 1994

[1] 1975 c. 21; sections 282 and 457 were extended by section 65 of, and amended by, paragraphs 47 and 72 respectively of Schedule 7 to, the Criminal Justice (Scotland) Act 1980 (c. 62). back

[2] S.I. 1988/110; relevant amending instrument is S.I. 1993/2391. back

[3] Rule 73A was inserted by S.I. 1993/2391. back

[4] Rule 122A was inserted by S.I. 1993/2391. back

[5] Form 93 was inserted by S.I. 1993/2391. back

Explanatory Note