PART 4Enforcement in Scotland of English or Welsh Orders and Northern Ireland Orders
Northern Ireland Disclosure Orders30
1
Paragraphs (2) to (6) apply where a Northern Ireland appropriate officer gives a notice under a Northern Ireland disclosure order which requires a person in Scotland to—
a
answer questions in Scotland; or
b
provide information or produce documents in Scotland.
2
Paragraph 11 of Schedule 5A (offences) does not apply and paragraph 21 of Schedule 5A (offences) applies as if the order were a Scottish disclosure order.
3
Paragraph 12 of Schedule 5A (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland, with the modifications in paragraph (4).
4
The modifications are that in sub-paragraph (2)—
a
in paragraph (a), after “paragraph 11(1) or (3)” there is inserted “or an offence under paragraph 21(1) or (3)”;
b
in paragraph (b), after “(false statements)” there is inserted “or perjury”.
5
Paragraph 13 of Schedule 5A (further provisions) does not apply and paragraph 23 of Schedule 5A (further provisions) applies as if the order were a Scottish disclosure order, with the modifications in paragraph (6).
6
The modifications are that—
a
in sub-paragraph (3), for “The Lord Advocate” there is substituted “A Northern Ireland appropriate officer”; and
b
in sub-paragraph (5), for “the Lord Advocate” there is substituted “a Northern Ireland appropriate officer”.
7
Paragraphs (8) and (9) apply where a Northern Ireland appropriate officer gives a notice under a Northern Ireland disclosure order which requires a person in Scotland to—
a
answer questions in Northern Ireland; or
b
provide information or produce documents in Northern Ireland.
8
Paragraph 21 of Schedule 5A (offences) applies as if the order were a Scottish disclosure order, as well as paragraph 11 of Schedule 5A (offences) and, for the avoidance of doubt, paragraph 23 of Schedule 5A (further provisions) does not apply in determining whether the person has committed an offence under paragraph 21(1) or (3) of Schedule 5A (offences).
9
Paragraph 12 of Schedule 5A (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Scotland for an offence under paragraph 21(1) or (3) of Schedule 5A (offences).