SCHEDULES
SCHEDULE 3Restriction on use of answers etc. obtained under compulsion
Insolvency (Northern Ireland) Order 1989 (N.I.19)
23
1
Article 375 of the [S.I. 1989/2405.] Insolvency (Northern Ireland) Order 1989 (admissibility in evidence of statements of affairs etc.) is amended as follows.
2
That Article is renumbered as paragraph (1) of that Article.
3
After that paragraph insert—
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 under Article 34(6), 57(6), 58(8), 81(7), 84(5), 85(3)(a), 111(7), 162(2), 172(1)(a) or (d) or (2), 174, 199(5), 324(1), 325(1)(b) or (5) or 327(1) or (3)(a) or (b);
b
an offence which is—
i
created by rules made under this Order, and
ii
designated for the purposes of this paragraph by such rules or by regulations;
c
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
d
an offence under Article 3, 7 or 10 of the [S.I. 1979/1714 (N.I. 19).] Perjury (Northern Ireland) Order 1979 (false statements made on oath or made otherwise than on oath).
4
Regulations under paragraph (3)(b)(ii) shall after being made be laid before the Assembly.