The Control of Mercury (Enforcement) Regulations 2017

Admissibility etc.

40.—(1) An answer given by a person in response to a requirement under regulation 39(4)(h) may be used in evidence against the person, subject to paragraphs (2) to (4).

(2) In criminal proceedings against the person—

(a) no evidence relating to the answer 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.

(3) Paragraph (2) does not apply if the proceedings are for an offence under—

(a) regulation 44(3),

(b) section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath)(1),

(c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations not on oath)(2), or

(d) Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements)(3).

(4) Paragraph (2) does not apply if, in the proceedings—

(a) evidence relating to the answer is adduced by or on behalf of the person who gave it, or

(b) a question relating to it is asked by or on behalf of that person.

(5) Nothing in this Part is to be taken in England and Wales or Northern Ireland to confer power to compel the production by any person of a document or information in respect of a claim to legal professional privilege.

(6) Nothing in this Part is to be taken in Scotland to confer power to compel the production by any person of a document or information in respect of a claim to confidentiality of communications.

(1)

1911 c.6.

(2)

1995 c.39.

(3)

S.I. 1979/1714 (N.I. 19).