PART 7OFCOM's powers and duties in relation to regulated services

CHAPTER 4Information

Disclosure of information

I1120Admissibility of statements

I21

An explanation given, or information provided, by a person in response to a requirement imposed under or by virtue of section 100, 101 or 106 or paragraph 2(4)(e) or (f), 3(2), 4(2)(i) or (j) or 7(d) of Schedule 12, may, in criminal proceedings, only be used in evidence against that person—

a

on a prosecution for an offence under a provision listed in subsection (2), or

b

on a prosecution for any other offence where—

i

in giving evidence that person makes a statement inconsistent with that explanation or information, and

ii

evidence relating to that explanation or information is adduced, or a question relating to it is asked, by that person or on that person’s behalf.

2

Those provisions are—

a

section 69(1),

I2b

section 109(3),

I2c

section 110(4),

I2d

section 111(2),

I2e

section 112(3),

I2f

paragraph 18(1)(c) of Schedule 12,

I2g

section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

I2h

section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), and

I2i

Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements).