Section 20 Admissibility in evidence of statements.C1C2C3C4
United Kingdom
In any proceedings (whether or not under this Act), any statement made in pursuance of a requirement imposed by or under sections F25A, 6 to 10, 12C, 15 to 15C or 19(c) of, or Schedule 1 to, this Act, or by or under rules made for the purposes of this Act under the Insolvency Act F31986 F4or under the 1989 Order, may be used in evidence against any person making or concurring in making the statement.
However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—
no evidence relating to the statement may be adduced, and
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 that person.
Subsection (2) applies to any offence other than—
an offence which is—
created by rules made for the purposes of this Act under the Insolvency Act F61986, and
designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
an offence which is—
created by regulations made under any such rules, and
designated for the purposes of this subsection by such regulations;
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements made otherwise than on oath).
Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.
In subsection (1), “the 1989 Order” means the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).
Annotations
Textual amendments
- F1
S. 20 renumbered as s. 20(1) (E.W.) (14.4.2000) and (S.) (1.1.2001) by 1999 c. 23, ss. 59, Sch. 3 para. 8(2) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2(a) and S.S.I. 2000/445, art. 2
- F2
Words in s. 20(1) substituted (26.5.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 7 para. 15; S.I. 2015/1329, reg. 3(c); S.I. 2015/1689, reg. 2(g)
- F3
Words in s. 20(1) inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 85(6)(a) (with art. 10)
- F4
Words in s. 20(1) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(11)(a) (with Sch. 13 para. 4(2))
- F5
S. 20(2)-(4) inserted (E.W.) (14.4.2000) and (S.) (1.1.2001) by 1999 c. 23, ss. 59, Sch. 3 para. 8(1)(3) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2(a) and S.S.I. 2000/445, art. 2
- F6
Words in s. 20(3)(a)(i) inserted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 85(6)(a) (with art. 10)
- F7
Word in s. 20(3)(c) omitted (22.2.2024) by virtue of Finance Act 2024 (c. 3), Sch. 13 para. 2(11)(b)(i) (with Sch. 13 para. 4(2))
- F8
S. 20(3)(e) and word inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(11)(b)(ii) (with Sch. 13 para. 4(2))
- F9
S. 20(5) inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 13 para. 2(11)(c) (with Sch. 13 para. 4(2))
Marginal citations
- M1
- M2
Modifications
- C1
Ss. 19(c), 20 extended (with modifications) by S.I. 1986/2142, art. 6
- C2
S. 20 extended (with modifications) (1.7.1989) by S.I. 1989/638, regs. 20, 21
- C3
S. 20 applied (1.12.1994) by S.I. 1994/2421, art. 16, Sch. 8
- C4
S. 20 applied (with modifications) by S.I. 1994/2421, art. 16, Sch. 8 (as amended (E.W.) (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 2 paras. 4, 8)