|
|
Authentication of certain orders and other instruments made by Courts Service.
|
39.—The Act of 1998 is amended by the insertion of the following section after section 10:
|
|
| |
“10A.—(1)(a) The Board may authorise generally or specially the Chief Executive to authenticate any order or other instrument or both (other than an order or instrument under seal) made under any provision mentioned in column 3 of Schedule 2 of the Acts mentioned in column 2 opposite the mention of that provision in relation to any function of the Service under that provision that is performed by the Board or by a committee of the Board.
|
|
| |
(b) The Chief Executive may authorise generally or specially a member of the staff of the Service to authenticate any order or other instrument or both which the Chief Executive is authorised to authenticate under paragraph (a).
|
|
| |
(2) The Chief Executive may authorise generally or specially a member of the staff of the Service to authenticate any order or other instrument or both (other than an order or instrument under seal) made under any provision mentioned in column 3 of Schedule 2 of the Acts mentioned in column 2 opposite the mention of that provision in relation to any function of the Service under that provision that is performed by the Chief Executive.
|
|
| |
(3) If—
|
|
| |
(a) the Board has duly authorised the Chief Executive to authenticate any order or other instrument under subsection (1)(a), or
|
|
| |
(b) the Chief Executive has duly authorised a member of the staff of the Service to authenticate any order or other instrument under subsection (1)(b) or (2),
|
|
| |
then that order or instrument shall be sufficiently authenticated by the signature of the Chief Executive or of such member of the staff of the Service, as the case may be.
|
|
| |
(4) In any proceedings, a document purporting to be an order or other instrument authenticated by the signature of the Chief Executive, or of a member of the staff of the Service, as the case may be, in accordance with subsection (3) shall, unless the contrary is shown, be deemed without proof to be such order or other instrument duly authenticated in accordance with that subsection.”.
|
