The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 No. 692

PART 8 U.K. [F1 Information, Investigation and Directions]

Textual Amendments

F1 Pt. 8 heading substituted (10.1.2020) by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511), regs. 1(2), 8(1)

Admissibility of statements U.K.

73.—(1) A statement made by a person in response to a requirement imposed under regulations 66(1)(c), 69(2)(e) [F2 , 70(7)(e) or 74B(6)] may not be used in evidence against the person in criminal proceedings.

(2) Paragraph (1) does not apply—

(a) in the case of proceedings under Parts 2 to 4 of the Proceeds of Crime Act 2002 (confiscation proceedings) M1 ;

(b) on a prosecution for an offence under section 5 of the Perjury Act 1911 (false statements) M2 ;

(c) on a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements) M3 ;

(d) on a prosecution for an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations) M4 ;

(e) on a prosecution for an offence under regulation 88; or

(f) for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in paragraph (1).

(3) A statement may not be used by virtue of paragraph (2)(f) against a person unless—

(a) evidence relating to it is adduced; or

(b) a question relating to it is asked;

by them or on their behalf in the proceedings arising out of the prosecution.

Textual Amendments

F2 Words in reg. 73(1) substituted (10.1.2020) by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511), regs. 1(2), 8(3)

Marginal Citations

M1 2002 c. 29.

M2 1911 c.6. Section 5 was amended by virtue of section 1(2) of the Criminal Justice Act 1948 (c.58).

M3 S.I. 1979/1714 (NI 19).

M4 1995 c.39.