SCHEDULES

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

Companies (Northern Ireland) Order 1989 (N.I.18)

22

1

Article 23 of the M1Companies (Northern Ireland) Order 1989 (admissibility in evidence of statements) is amended as follows.

2

That Article is renumbered as paragraph (1) of that Article.

3

After that paragraph insert—

2

However, in criminal proceedings in which any such person is charged with an offence to which this paragraph 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

Paragraph (2) applies to any offence other than—

a

an offence which is—

i

created by rules made for the purposes of this Order under the Insolvency Order, and

ii

designated for the purposes of this paragraph by such rules or by regulations;

b

an offence which is—

i

created by regulations made under any such rules, and

ii

designated for the purposes of this paragraph by such regulations; or

c

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

4

Regulations under paragraph (3)(a)(ii) shall after being made be laid before the Assembly.