SCHEDULES

SCHEDULE 2Minor and consequential amendments relating to Part 1

Part 3Amendments relating to investigations

Companies Act 1985 (c. 6)

I117

After section 447 insert—

447AInformation provided: evidence

1

A statement made by a person in compliance with a requirement under section 447 may be used in evidence against him.

2

But in criminal proceedings in which the person is charged with a relevant offence—

a

no evidence relating to the statement may be adduced by or on behalf of the prosecution, 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

A relevant offence is any offence other than the following—

a

an offence under section 451,

b

an offence under section 5 of the Perjury Act 1911 (false statement made otherwise than on oath), or

c

an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statement made otherwise than on oath).