SCHEDULES

C1C2SCHEDULE 5Investigatory powers etc.

Annotations:
Modifications etc. (not altering text)
C1

Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2

Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

PART 3Powers in relation to the production of information

Limitations on use of information provided in response to a notice under paragraph 14

I1I2I317

1

This paragraph applies if a person provides information in response to a notice under paragraph 14.

2

This includes information contained in a document created by a person in response to such a notice.

3

In any criminal proceedings against the person—

a

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

b

no question relating to the information may be asked by or on behalf of the prosecution.

4

Sub-paragraph (3) does not apply if, in the proceedings—

a

evidence relating to the information is adduced by or on behalf of the person providing it, or

b

a question relating to the information is asked by or on behalf of that person.

5

Sub-paragraph (3) does not apply if the proceedings are for—

a

an offence under paragraph 36 (obstruction),

b

an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath),

c

an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations), or

d

an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (SI 1979/1714 (NI 19)) (false statutory declarations and other false unsworn statements).