Part VIII
- (a) may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or
- (b) may accept a fact as sufficient evidence unless a particular matter is proved.
(4) If evidence is adduced which is sufficient to raise an issue with respect to the matter mentioned in subsection (3)(a) or (b) the court shall treat it as proved unless the prosecution disproves it beyond reasonable doubt.
(5) The provisions in respect of which subsections (2) and (4) apply are—
- (a) sections 12(4), 39(5)(a), 54, 57, 58, 77 and 103 of this Act, and
- (b) sections 13, 32 and 33 of the 1996 c. 22.Northern Ireland (Emergency Provisions) Act 1996 (possession and information offences) as they have effect by virtue of Schedule 1 to this Act.
Crown servants, regulators, &c. 119.—(1) The Secretary of State may make regulations providing for any of sections 15 to 23 and 39 to apply to persons in the public service of the Crown.
(2) The Secretary of State may make regulations providing for section 19 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature.
(3) Regulations—
- (a) may make different provision for different purposes,
- (b) may make provision which is to apply only in specified circumstances, and
- (c) may make provision which applies only to particular persons or to persons of a particular description.
Evidence. 120.—(1) A document which purports to be—
- (a) a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act, and
- (b) signed by him or on his behalf,
shall be received in evidence and shall, until the contrary is proved, be deemed to have been given or made by the Secretary of State.
(2) A document bearing a certificate which—
- (a) purports to be signed by or on behalf of the Secretary of State, and
- (b) states that the document is a true copy of a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act,
shall be evidence (or, in Scotland, sufficient evidence) of the document in legal proceedings.
(3) In subsections (1) and (2) a reference to an order does not include a reference to an order made by statutory instrument.
(4) The 1868 c. 37.Documentary Evidence Act 1868 shall apply to an authorisation given in writing by the Secretary of State for the purposes of this Act as it applies to an order made by him.
