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.