Schedule 2 Amendment of other Acts
(Section 36)
Section 414A (Certificates to be evidence):After section 414A (8), insert:
(9) A certificate which would, by virtue of Part 3 of the Marine (Boating Safety—Alcohol and Drugs) Act 1991, be prima facie evidence of the particulars certified in and by the certificate in proceedings for an offence under that Part is prima facie evidence of those particulars:(a) at any inquest, or(b) where a person is charged before a Magistrate or before any Court with an indictable offence.(10) A certificate referred to in subsection (9) is not admissible, in proceedings under the Drug Misuse and Trafficking Act 1985, as evidence of the use or administration, by the person to whom the certificate relates, of any prohibited drug within the meaning of that Act.(11) Where any certificate under section 24 (Certificate evidence of concentration of alcohol in blood determined by breath analysis) of the Marine (Boating Safety—Alcohol and Drugs) Act 1991 is admitted in evidence by virtue of subsection (9), evidence of the condition of a breath analysing instrument or the manner in which it was operated is not required unless evidence that the instrument was not in proper condition or was not properly operated has been adduced.
Marine Administration Act 1989 No 93
Section 3 (Definitions):Omit “Marine Pollution Act 1987,” from the definition of marine legislation, insert instead: