The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018

Scottish Disclosure Orders

18.—(1) Paragraphs (2) to (6) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in Northern Ireland to—

(a) answer questions in Northern Ireland; or

(b) provide information or produce documents in Northern Ireland.

(2) Paragraph 21 of Schedule 5A (offences) does not apply and paragraph 11 of Schedule 5A (offences) applies as if the order were a Northern Ireland disclosure order.

(3) Paragraph 22 of Schedule 5A (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland, with the modifications in paragraph (4).

(4) The modifications are that in sub-paragraph (2)—

(a) in paragraph (a), after “paragraph 21(1) or (3)” there is inserted “or an offence under paragraph 11(1) or (3)”;

(b) in paragraph (b), after “perjury” there is inserted “or an offence under article 10 of the Perjury (Northern Ireland) Order 1979”.

(5) Paragraph 23 of Schedule 5A (further provisions) does not apply and paragraph 13 of Schedule 5A (further provisions) applies as if the order were a Northern Ireland disclosure order, with the modifications in paragraph (6).

(6) The modifications are that—

(a) in sub-paragraph (5), for “An appropriate officer” there is substituted “The Lord Advocate”; and

(b) in sub-paragraph (7), for “an appropriate officer” there is substituted “the Lord Advocate”.

(7) Paragraphs (8) and (9) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in Northern Ireland to—

(a) answer questions in Scotland; or

(b) provide information or produce documents in Scotland.

(8) Paragraph 11 of Schedule 5A (offences) applies as if the order were a Northern Ireland disclosure order, as well as paragraph 21 of Schedule 5A (offences) and, for the avoidance of doubt, paragraph 13 of Schedule 5A (further provisions) does not apply in determining whether the person has committed an offence under paragraph 11(1) or (3) of Schedule 5A (offences).

(9) Paragraph 22 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 Northern Ireland for an offence under paragraph 11(1) or (3) of Schedule 5A (offences).