C3C4C5C6C7C8C11C10C12 Part XI Information Gathering and Investigations

Annotations:
Modifications etc. (not altering text)
C3

Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)

Pt. 11 modified (1.12.2001) by S.I. 2001/3083, arts. 1(2), 18(2)(4); S.I. 2001/3538, art. 2(1)

Pt. 11 extended (with modifications) (1.12.2001) by S.I. 2001/3646, arts. 1(1), 6-9

C5

Pt. 11 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. para. 2

C11

Pt. 11 applied (with modifications) (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 3(5)

C12

Pt. 11 applied (with modifications) (12.12.2014) by The Immigration Act 2014 (Bank Accounts) Regulations 2014 (S.I. 2014/3085), regs. 1, 14

Conduct of investigations

C1C2C9C13174 Admissibility of statements made to investigators.

1

A statement made to an investigator by a person in compliance with an information requirement is admissible in evidence in any proceedings, so long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question.

2

But in criminal proceedings in which that person is charged with an offence to which this subsection applies or in proceedings in relation to action to be taken against that person under section 123—

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 or (as the case may be) F1a regulator, 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 one—

a

under section 177(4) or 398;

b

under section 5 of the M1Perjury Act 1911 (false statements made otherwise than on oath);

c

under section 44(2) of the M2Criminal Law (Consolidation)(Scotland) Act 1995 (false statements made otherwise than on oath); or

d

under Article 10 of the M3Perjury (Northern Ireland) Order 1979.

4

“Investigator” means a person appointed under section 167 or 168(3) or (5).

5

“Information requirement” means a requirement imposed by an investigator under section 171, 172, 173 or 175.