PART 2
StatementsI160
1
A statement made by a financial institution in response to a customer information order may not be used in evidence against it in criminal proceedings.
2
But paragraph (1) does not apply—
a
in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002,
b
in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 200530,
c
on a prosecution for an offence under article 59(1) or (3) of this Order,
d
on a prosecution for an offence under section 400(1) or (3) of the Proceeds of Crime Act 2002, or
e
on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in paragraph (1).
3
A statement may not be used by virtue of paragraph (2)(e) 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.