# Competition Act 1998, Section 30A: Use of statements in prosecution

Extent: E+W+S+N.I.

(1) A statement made by a person in response to a requirement imposed by virtue of any of sections 26, 27 to 28A and 40ZD may not be used in evidence against him on a prosecution for an offence under section 188 of the Enterprise Act 2002 unless, in the proceedings—
(a) in giving evidence, he makes a statement inconsistent with it, and
(b) evidence relating to it is adduced, or a question relating to it is asked, by him or on his behalf.
(2) A statement by an individual in response to a requirement imposed by virtue of section 26A (a “section 26A statement”) may only be used in evidence against the individual—
(a) on a prosecution for an offence under section 44, or
(b) on a prosecution for some other offence in a case falling within subsection (3).
(3) A prosecution falls within this subsection if, in the proceedings—
(a) in giving evidence, the individual makes a statement inconsistent with the section 26A statement, and
(b) evidence relating to the section 26A statement is adduced, or a question relating to it is asked, by or on behalf of the individual.
(4) A section 26A statement may not be used in evidence against an undertaking with which the individual who gave the statement has a connection on a prosecution for an offence unless the prosecution is for an offence under section 44.
(5) For the purposes of subsection (4), an individual has a connection with an undertaking if he or she is or was—
(a) concerned in the management or control of the undertaking, or
(b) employed by, or otherwise working for, the undertaking.

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Source: https://www.legislation.gov.uk/ukpga/1998/41/section/30A (the official version)
Page: https://openlegislation.uk/competition-act-1998/section-30A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.