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Company Directors Disqualification Act 1986
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Version Superseded: 01/10/2009
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20 Admissibility in evidence of statements. E+W+S
F1(1) In any proceedings (whether or not under this Act), any statement made in pursuance of a requirement imposed by or under sections 6 to 10, 15 or 19(c) of, or Schedule 1 to, this Act, or by or under rules made for the purposes of this Act under the Insolvency Act, may be used in evidence against any person making or concurring in making the statement.
[F2(2)However, in criminal proceedings in which any such person is charged with an offence to which this subsection 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)Subsection (2) applies to any offence other than—
(a)an offence which is—
(i)created by rules made for the purposes of this Act under the Insolvency Act, and
(ii)designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
(b)an offence which is—
(i)created by regulations made under any such rules, and
(ii)designated for the purposes of this subsection by such regulations;
(c)an offence under section 5 of the M1Perjury Act 1911 (false statements made otherwise than on oath); or
(d)an offence under section 44(2) of the M2Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).
(4)Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.]
Textual Amendments
F1S. 20 renumbered as s. 20(1) (E.W.) (14.4.2000) and (S.) (1.1.2001) by 1999 c. 23, ss. 59, Sch. 3 para. 8(2) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2(a) and S.S.I. 2000/445, art. 2
F2S. 20(2)-(4) inserted (E.W.) (14.4.2000) and (S.) (1.1.2001) by 1999 c. 23, ss. 59, Sch. 3 para. 8(1)(3) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2(a) and S.S.I. 2000/445, art. 2
Modifications etc. (not altering text)
C1Ss. 19(c), 20 extended (with modifications) by S.I. 1986/2142, art. 6
C2S. 20 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
C3S. 20 applied (1.12.1994) by S.I. 1994/2421, art. 16, Sch. 8
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