Article 23 Admissibility in evidence of statementsC1

Northern Ireland

(1)

In any proceedings (whether or not under this Order), any statement made in pursuance of a requirement imposed by or under Articles F18A to 14, 17A or 19 F2to 19C or Schedule 1 or by or under rules made for the purposes of this Order under F3the Insolvency (Northern Ireland) Order 1989, may be used in evidence against any person making or concurring in making the statement.

(2)

However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies—

(a)

no evidence relating to the statement 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 that person.

(3)

Paragraph (2) applies to any offence other than—

(a)

an offence which is—

(i)

created by rules made for the purposes of this Order under F4the Insolvency (Northern Ireland) Order 1989, and

(ii)

designated for the purposes of this paragraph by such rules or by regulations;

(b)

an offence which is—

(i)

created by regulations made under any such rules, and

(ii)

designated for the purposes of this paragraph by such regulations; or

(c)

an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (NI 19) (false statements made otherwise than on oath).

(4)

Regulations under paragraph (3)(a)(ii) shall after being made be laid before the Assembly.

Annotations

Textual amendments

F1: Words in art. 23(1) substituted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 9(14)(a); S.I. 2015/1689, reg. 2(h)
F2: Words in art. 23(1) inserted (1.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 8 para. 9(14)(b); S.I. 2015/1689, reg. 2(h)
F3: Words in art. 23(1) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 209 (with art. 10)
F4: Words in art. 23(3)(a)(i) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 209 (with art. 10)

Modifications

C1: Art. 23 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399)), {reg. 21(4)} (with reg. 2))