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Change 1
As published
96 Use of records and documentary evidence.
(1) In any legal proceedings—
(a) a document purporting to be certified by such authority or person as may be designated for the purpose by regulations made by the Secretary of State as being, or being a true copy of, or of part of, a document issued or record kept in pursuance of—
(i) an Air Navigation Order, or
(ii) the Civil Aviation (Licensing) Act 1960,
by, or by the Minister in charge of, a government department, by an official of a government department specified for the purpose in an Air Navigation Order or by the Air Registration Board or the Air Transport Licensing Board, or
(b) a document printed by either Her Majesty’s Stationery Office or the CAA and purporting to be the publication known as the “United Kingdom Air Pilot” or a publication of the series known as “Notam—United Kingdom”,
shall be evidence, and in Scotland sufficient evidence, of the matters appearing from the document.
(2) In any legal proceedings any record made by any such authority or person as may be designated for the purposes of this subsection by regulations made by the Secretary of State, or by a person acting under the control of such an authority or person, being a record purporting to show—
(a) the position of an aircraft at any material time, or
(b) the terms or content of any message or signal transmitted to any aircraft, either alone or in common with other aircraft, or received from any aircraft, by the first-mentioned authority or person, or by a person acting under the control of that authority or person,
shall, if produced from the custody of that authority or person, be evidence, and in Scotland sufficient evidence, of the matters appearing from the record.
(3) The references in subsection (2) above to a record made by or under the control of any authority or person include references to a document or article purporting to be a copy of a record so made, and certified to be a true copy by or on behalf of that authority or person; and in relation to such a copy that subsection shall have effect as if the words “if produced from the custody of that authority or person” were omitted.
(4) Any person who wilfully certifies any document or article to be a true copy of any such record as is mentioned in subsection (2) above knowing it not to be a true copy shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; and
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.
(5) In this section “record” has the same meaning as in section 73 above.
Your change, as a redline
96 Use of records and documentary evidence.
(1) In any legal proceedings—
(a) a document purporting to be certified by such authority or person as may be designated for the purpose by regulations made by the Secretary of State as being, or being a true copy of, or of part of, a document issued or record kept in pursuance of—
(i) an Air Navigation Order, or
(ii) the Civil Aviation (Licensing) Act 1960,
by, or by the Minister in charge of, a government department, by an official of a government department specified for the purpose in an Air Navigation Order or by the Air Registration Board or the Air Transport Licensing Board, or
(b) a document printed by either Her Majesty’s Stationery Office or the CAA and purporting to be the publication known as the “United Kingdom Air Pilot” or a publication of the series known as “Notam—United Kingdom”,
shall be evidence, and in Scotland sufficient evidence, of the matters appearing from the document.
(2) In any legal proceedings any record made by any such authority or person as may be designated for the purposes of this subsection by regulations made by the Secretary of State, or by a person acting under the control of such an authority or person, being a record purporting to show—
(a) the position of an aircraft at any material time, or
(b) the terms or content of any message or signal transmitted to any aircraft, either alone or in common with other aircraft, or received from any aircraft, by the first-mentioned authority or person, or by a person acting under the control of that authority or person,
shall, if produced from the custody of that authority or person, be evidence, and in Scotland sufficient evidence, of the matters appearing from the record.
(3) The references in subsection (2) above to a record made by or under the control of any authority or person include references to a document or article purporting to be a copy of a record so made, and certified to be a true copy by or on behalf of that authority or person; and in relation to such a copy that subsection shall have effect as if the words “if produced from the custody of that authority or person” were omitted.
(4) Any person who wilfully certifies any document or article to be a true copy of any such record as is mentioned in subsection (2) above knowing it not to be a true copy shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; and
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both.
(5) In this section “record” has the same meaning as in section 73 above.
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