Admissibility of statementsN.I.
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Memorandwm Esboniadol
282.—(1) A statement made by a person in compliance with an information requirement is admissible in evidence in any proceedings, so long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question.
(2) But in proceedings to which this paragraph applies—
(a)no evidence relating to the statement may be adduced, and
(b)no question relating to it may be asked,
by or on behalf of the prosecution or (as the case may be) the Regulator, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
(3) Paragraph (2) applies to—
(a)criminal proceedings in which that person is charged with a relevant offence, or
[(bi)Article 215G (penalties for contravention of regulations under Article 215D),]
(b)proceedings as a result of which that person may be required to pay a financial penalty [on a relevant ground] under or by virtue of—
[(ai)Article 83A (financial penalties),]
[(i)section 164 of the Pension Schemes Act (breach of regulations),
(ia)Article 10 of the 1995 Order (civil penalties),
(ib)paragraph 10 of Schedule 17 to the Pensions Act (Northern Ireland) 2015 (penalties for contravention of regulations etc),
(ic)paragraph 3 of Schedule 18 to that Act (penalties for contravention of regulations etc),]
[(ii)section 168 of the Pension Schemes Act 1993 (breach of regulations),
(iii)section 10 of the Pensions Act 1995 (civil penalties),
(iv)section 88A of the Pensions Act 2004 (financial penalties),
(v)section 238G of that Act (penalties for contravention of regulations under section 238D),
(vi)paragraph 10 of Schedule 17 to the Pensions Act 2014 (penalties for contravention of regulations etc), or
(vii)paragraph 3 of Schedule 18 to that Act (penalties for contravention of regulations etc).]
[(3A) For the purposes of this Article a financial penalty is payable on a relevant ground if it is payable otherwise than under—
(a)Article 83A as it applies by virtue of—
(i)Article 75A (financial penalty for providing false or misleading information to Regulator), or
(ii)Article 75B (financial penalty for providing false or misleading information to trustees or managers), or
(b)section 88A of the Pensions Act 2004 as it applies by virtue of—
(i)section 80A of that Act (financial penalty for providing false or misleading information to Regulator), or
(ii)section 80B of that Act (financial penalty for providing false or misleading information to trustees or managers).]
(4) In this Article—