OpenLegislation

Article 60 StatementsI1

Scotland

(1)

A statement made by a financial institution in response to a customer information order may not be used in evidence against it in criminal proceedings.

(2)

But paragraph (1) does not apply—

(a)

in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002,

(b)

in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005f1,

(c)

on a prosecution for an offence under article 59(1) or (3) of this Order,

(d)

on a prosecution for an offence under section 400(1) or (3) of the Proceeds of Crime Act 2002, or

(e)

on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in paragraph (1).

(3)

A statement may not be used by virtue of paragraph (2)(e) against a financial institution unless—

(a)

evidence relating to it is adduced, or

(b)

a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.

Annotations

Commencement

I1

Art. 60 in force at 11.11.2013, see art. 1(1)

Footnotes

f1

S.I. 2005/3181.