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This is the original version (as it was originally enacted).
(1)An information notice does not require a person—
(a)to supply information which would disclose evidence of the commission of an offence by the person, other than an offence under subsection (1), (2) or (3) of section 42,
(b)to supply information which the person would otherwise be entitled to refuse to supply in proceedings in a court in Scotland.
(2)An oral or written statement made by a person in response to an information notice may not be used in evidence against the person in a prosecution for an offence (other than an offence under section 21(1)) unless—
(a)the person is prosecuted for an offence under subsection (1), (2) or (3) of section 42, and
(b)in the proceedings—
(i)in giving evidence the person provides information that is inconsistent with the statement, and
(ii)evidence relating to the statement is adduced, or a question relating to it is asked, by the person or on the person’s behalf.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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