Modifications etc. (not altering text)
C1Pt. 17 (ss. 426-434) applied (1.12.1994) by S.I. 1994/2421, arts. 4(3)(f), 6(3)(f)
Pt. 17 (ss. 426-434) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7
C2Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4))
[F1(1)]In any proceedings (whether or not under this Act)—
(a)a statement of affairs prepared for the purposes of any provision of this Act which is derived from the M1Insolvency Act 1985, and
(b)any other statement made in pursuance of a requirement imposed by or under any such provision or by or under rules made under this Act,
may be used in evidence against any person making or concurring in making the statement.
[F2(2)However, in criminal proceedings in which any such 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.
(3)Subsection (2) applies to any offence other than—
(a)an offence under section 22(6), 47(6), 48(8), 66(6), 67(8), 95(8), 98(6), 99(3)(a), 131(7), 192(2), 208(1)(a) or (d) or (2), 210, 235(5), 353(1), 354(1)(b) or (3) or 356(1) or (2)(a) or (b) or paragraph 4(3)(a) of Schedule 7;
(b)an offence which is—
(i)created by rules made under this Act, and
(ii)designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
(c)an offence which is—
(i)created by regulations made under any such rules, and
(ii)designated for the purposes of this subsection by such regulations;
(d)an offence under section 1, 2 or 5 of the M2Perjury Act 1911 (false statements made on oath or made otherwise than on oath); or
(e)an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath).
(4)Regulations under subsection (3)(b)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.]
Textual Amendments
F1S. 433 renumbered as s. 433(1) (14.4.2000 (E.W.) and 1.1.2001 (S.)) by 1999 c. 23, s. 59, Sch. 3 para. 7(2) (with s. 63(2), Sch. 7 para. 3(3)); S.I. 2000/1034, art. 2; S.S.I. 2000/445, art. 2
F2S. 433(2)-(4) inserted (14.4.2000 (E.W.) and 1.1.2001 (S.)) by 1999 c. 23, s. 59, Sch. 3 para. 7(3) (with s. 63(2), Sch. 7 para 3(3)); S.I. 2000/1034, art. 2; S.S.I. 2000/445, art. 2
Modifications etc. (not altering text)
C3S. 433 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II
Marginal Citations