Regulation 23 Restrictions on enforcement powers and use of certain evidence under themF1
United Kingdom
Nothing in these Regulations shall be taken as—
requiring a person to produce any document which that person would be entitled to refuse to produce in any proceedings in any court on the grounds that it is the subject of legal professional privilege or, in Scotland, that it contains a confidential communication made by or to an advocate or solicitor in that capacity; or
authorising a person to take possession of any document which is in the possession of a person who would be so entitled.
A statement by a person in response to a requirement imposed by virtue of regulation 10 may only be used in evidence against that person—
on a prosecution for an offence under regulation 15(3)(b); or
on a prosecution for some other offence where in giving evidence that person makes a statement inconsistent with it.
But the statement may not be used against that person by virtue of paragraph (2)(b) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
Annotations
Textual amendments
- F1
Regulations revoked (N.I.) (17.10.2026) by The Batteries (Placing on the Market) (Northern Ireland) Regulations 2026 (S.I. 2026/1053), regs. 1(2), 19(1) (with reg. 19(2))