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SCHEDULES

SCHEDULE 3U.K. Restriction on use of answers etc. obtained under compulsion

Insolvency (Northern Ireland) Order 1989 (N.I.19)N.I.

23(1)Article 375 of the M1Insolvency (Northern Ireland) Order 1989 (admissibility in evidence of statements of affairs etc.) is amended as follows.N.I.

(2)That Article is renumbered as paragraph (1) of that Article.

(3)After that paragraph insert—

(2)However, in criminal proceedings in which any such person is charged with an offence 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, 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 any offence other than—

(a)an offence under Article 34(6), 57(6), 58(8), 81(7), 84(5), 85(3)(a), 111(7), 162(2), 172(1)(a) or (d) or (2), 174, 199(5), 324(1), 325(1)(b) or (5) or 327(1) or (3)(a) or (b);

(b)an offence which is—

(i)created by rules made under this Order, and

(ii)designated for the purposes of this paragraph by such rules or by regulations;

(c)an offence which is—

(i)created by regulations made under any such rules, and

(ii)designated for the purposes of this paragraph by such regulations; or

(d)an offence under Article 3, 7 or 10 of the M2Perjury (Northern Ireland) Order 1979 (false statements made on oath or made otherwise than on oath).

(4)Regulations under paragraph (3)(b)(ii) shall after being made be laid before the Assembly.