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Regulation 17 EvidenceF1

(1)

An answer given by a person in compliance with a requirement imposed under paragraph 1(i) of Schedule 3 is admissible in Scotland against that person in criminal proceedings.

(2)

In criminal proceedings in which a person mentioned in paragraph (1) is charged with an offence to which this paragraph applies, no evidence relating to that person’s answer 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 by or on behalf of that person.

(3)

Paragraph (2) applies to any offence other than one—

(a)

under regulation 18(1)(c); or

(b)

under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).

(4)

Nothing in Schedule 3 compels the production by any person of a document of which that person would, on grounds of legal professional privilege, be entitled to withhold production on an order for the production of documents in an action in the Court of Session.

Annotations

Textual amendments

F1

Regs. 14-18 and cross-heading inserted (23.12.2011) by The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/457), regs. 1, 4