SCHEDULES

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

Companies Act 1989 (c. 40)

21

In section 83 (powers exercisable for purposes of assisting an overseas regulatory authority), after subsection (6) (use of statements made under the section) insert—

6A

However, in criminal proceedings in which that person is charged with an offence to which this subsection 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.

6B

Subsection (6A) applies to any offence other than—

a

an offence under section 85;

b

an offence under section 2 or 5 of the [1911 c. 6.] Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);

c

an offence under section 44(1) or (2) of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or

d

an offence under Article 7 or 10 of the [S.I. 1979/1714 (N.I. 19).] Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).