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6.—(1) A person cannot be compelled to give any evidence—
(a)which that person could not be compelled to give in criminal proceedings in the part of the United Kingdom in which the nominated court exercises jurisdiction;
(b)subject to sub-paragraph (2), which that person could not be compelled to give in proceedings in the issuing State;
(c)if doing so would be prejudicial to the security of the United Kingdom; or
(d)in that person’s capacity as an officer or servant of the Crown.
(2) Sub-paragraph (1)(b) does not apply unless the issuing authority concedes the claim of the person questioned to be exempt from giving the evidence.
(3) Where the person’s claim for exemption under sub-paragraph (1)(b) is not conceded, that person may be required to give the evidence to which the claim relates (subject to the other provisions of this paragraph); but the evidence may not be forwarded to the issuing authority if a court in the issuing State upholds the claim.
(4) A certificate signed by or on behalf of the Secretary of State or, where the nominated court is in Scotland, the Lord Advocate to the effect that sub-paragraph (1)(c) applies is conclusive evidence of that fact.
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