SCHEDULES
SCHEDULE 3 Restriction on use of answers etc. obtained under compulsion
Insolvency Act 1986 (c.45)
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1
Section 433 of the Insolvency Act 1986 (admissibility in evidence of statements of affairs etc.) is amended as follows.
2
That section is renumbered as subsection (1) of that section.
3
After that subsection insert—
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 under section 22(6), 47(6), 48(8), 66(6), 67(8), 95(8), 98(6), 99(3)(a), 131(7), 192(2), 208(1)(a) or (d) or (2), 210, 235(5), 353(1), 354(1)(b) or (3) or 356(1) or (2)(a) or (b) or paragraph 4(3)(a) of Schedule 7;
b
an offence which is—
i
created by rules made under this Act, and
ii
designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
c
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;
d
an offence under section 1, 2 or 5 of the M1Perjury Act 1911 (false statements made on oath or made otherwise than on oath); or
e
an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath).
4
Regulations under subsection (3)(b)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.