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The Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018

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Answers given in compliance with requirement under regulation 3(3)(g): admissibility in evidence

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5.—(1) An answer given by a person in compliance with a requirement imposed under regulation 3(3)(g) may be used in evidence against the person.

(2) But in criminal proceedings in which the person is charged with an offence to which this paragraph applies—

(a)no evidence relating to the person’s answer 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 the person.

(3) Paragraph (2) applies to any offence other than—

(a)an offence under regulation 6(1);

(b)an offence under section 5 of the Perjury Act 1911(1) (false statutory declarations and other false statements without oath);

(c)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995(2) (false statements and declarations); and

(d)an offence under article 10 of the Perjury (Northern Ireland) Order 1979(3) (false statutory declarations and other unsworn statements).

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