SCHEDULES

SCHEDULE 3 Restriction on use of answers etc. obtained under compulsion

Banking Act 1987 (c.22)

I117

In section 39 (power of Financial Services Authority to obtain information etc. from authorised institutions), after subsection (12) (use of statements made under the section) insert—

12A

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.

12B

Subsection (12A) above applies to any offence other than—

a

an offence under subsection (11) above or section 94(1)(a) 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 M2the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

d

an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).