Paragraph 2A F1

(1)

If an officer is carrying out functions conferred by Part III of this Act, he may require a person whom he has reasonable cause to believe is able to give information which will assist him in carrying out those functions—

(a)

to answer such questions as the officer thinks it appropriate to ask; and

(b)

to sign a declaration of the truth of his answers.

(2)

Any person to whom questions are put under this paragraph may nominate a person to be with him when he gives his answers.

(3)

When a person answers any such questions the only other persons who may be present (apart from the questioner) are—

(a)

the person (if any) nominated under sub-paragraph (2); and

(b)

any person authorised by the officer to be present.

(4)

A person is not to be excused from complying with a requirement under sub-paragraph (1) on the ground that to do so might incriminate him or his spouseF2 or civil partner of an offence; but a statement or admission made in complying is not admissible in evidence against either of them in proceedings for any offence.

Annotations

Textual amendments

F1: Sch. 2 para. 2A inserted (9.9.1998) by 1998 c. 26, ss. 2(2), 3(b)
F2: Words in Sch. 2 para. 2A(4) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 109; S.I. 2005/3175, art. 2(2)

Notes on Schedule 2

Modifications

C1: Sch. 2 applied (E.W.) (with modifications) (1.2.2000) by S.I. 1999/3483, reg. 4(6) Sch. 2 applied (1.2.2000) by S.S.I. 2000/22, art. 4(5)
C2: Sch. 2 applied (with modifications) (S.) (22.12.2005) by Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 (S.S.I. 2005/599), regs. 1(1), 3(6)
C3: Sch. 2 applied (with modifications) (E.W.) (22.12.2005) by Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 (S.I. 2005/3286), regs. 1(1), 3(6)
C4: Sch. 2 applied (30.6.2006) by Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2006 (S.R. 2006/220), regs. 1, 3(6)
C5: Sch. 2 applied (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 44(4), 107(3)(b); S.I. 2006/2541, art. 2 (with Sch.)