Schedules

Schedule 20Amendments of the Data Protection Act 1998 (c. 29)

Part 4Restriction on use of information

10

1

Section 43 of that Act (information notices) is amended as follows.

2

In subsection (8), for “other than an offence under this Act,” substitute “, other than an offence under this Act or an offence within subsection (8A),”.

3

After that subsection insert—

8A

The offences mentioned in subsection (8) are—

a

an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

b

an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

c

an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

8B

Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—

a

in giving evidence the person provides information inconsistent with it, and

b

evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person’s behalf.

8C

In subsection (8B) “relevant statement”, in relation to a requirement under this section, means—

a

an oral statement, or

b

a written statement made for the purposes of the requirement.