SCHEDULES

SCHEDULE 6AACCOUNT MONITORING ORDERS

Statements

7

(1)

A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.

(2)

But sub-paragraph (1) does not apply—

(a)

in the case of proceedings for contempt of court;

(b)

in the case of proceedings under section 23 where the financial institution has been convicted of an offence under any of sections 15 to 18;

(c)

on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3)

A statement may not be used by virtue of sub-paragraph (2)(c) against a financial institution unless—

(a)

evidence relating to it is adduced, or

(b)

a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.