PART 5

Regulation of payment systems

Information and investigation powers

Admissibility of statements made to investigators
87
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—
a
no evidence relating to the statement may be adduced by or on behalf of the prosecution, and
b
no question relating to the statement may be asked by or on behalf of the prosecution,
unless evidence relating to the statement 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—
a
an offence under section 90(6);
b
an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
c
an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);
d
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979.
4
In this section—
- “information requirement” means a requirement imposed by an investigator under section 85 or 86;
- “investigator” means a person appointed under section 83.
S. 87 in force at 1.3.2014 by S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
Ss. 81-93 applied (with modifications) (9.12.2015) by The Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), regs. 1, 14(1)
Ss. 81-93 applied (with modifications) (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), regs. 1(6), 135(1) (with reg. 3)