Miscellaneous and general

Admissibility in evidence of statementsC123

1

In any proceedings (whether or not under this Order), any statement made in pursuance of a requirement imposed by or under Articles F38A to 14, 17A or 19 F4to 19C or Schedule 1 or by or under rules made for the purposes of this Order under F1the Insolvency (Northern Ireland) Order 1989, may be used in evidence against any person making or concurring in making the statement.

2

However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies—

a

no evidence relating to the statement may be adduced, 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

Paragraph (2) applies to any offence other than—

a

an offence which is—

i

created by rules made for the purposes of this Order under F2the Insolvency (Northern Ireland) Order 1989, and

ii

designated for the purposes of this paragraph by such rules or by regulations;

b

an offence which is—

i

created by regulations made under any such rules, and

ii

designated for the purposes of this paragraph by such regulations; or

c

an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (NI 19) (false statements made otherwise than on oath).

4

Regulations under paragraph (3)(a)(ii) shall after being made be laid before the Assembly.