SCHEDULES
SCHEDULE 3 Restriction on use of answers etc. obtained under compulsion
Financial Services Act 1986 (c.60)
I110
The Financial Services Act 1986 is amended as follows.
I211
In section 105 (powers of Secretary of State to investigate affairs of person carrying on investment business), after subsection (5) (use of statements made under the section) insert—
5A
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.
5B
Subsection (5A) above applies to any offence other than—
a
an offence under subsection (10) or section 200(1) below;
b
an offence under section 5 of the M1Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44(2) of the M2Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
an offence under Article 10 of the M3Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
I312
In section 177 (investigations into insider dealing), 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) above applies to any offence other than—
a
an offence under section 200(1) below;
b
an offence under section 2 or 5 of the 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 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 Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).