Part XI Information Gathering and Investigations
Conduct of investigations
174 Admissibility of statements made to investigators.
(1)
A statement made to an investigator by a person in compliance with an information requirement is admissible in evidence in any proceedings, so long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question.
(2)
But in criminal proceedings in which that person is charged with an offence to which this subsection applies or in proceedings in relation to action to be taken against that person under section 123 F1to 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 or (as the case may be) F2a regulator, 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 one—
(a)
under section 177(4) or 398;
(b)
under section 5 of the M1Perjury Act 1911 (false statements made otherwise than on oath);
(c)
under section 44(2) of the M2Criminal Law (Consolidation)(Scotland) Act 1995 (false statements made otherwise than on oath); or
(d)
under Article 10 of the M3Perjury (Northern Ireland) Order 1979.
F3(3A)
Subsection (2) applies to proceedings in relation to action to be taken under section 123(2) or (3) against a person who may have contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation.
(4)
“Investigator” means a person appointed under section 167 or 168(3) or (5) F4, or a person appointed under section 169 who has the powers conferred by virtue of subsection (2A) of that section.
(5)
“Information requirement” means a requirement imposed by an investigator under section 171, 172, 173 or 175.