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On Question, amendments agreed to.
Schedule 2 [Reporting restrictions: miscellaneous amendments]:
Lord Williams moved Amendments Nos. 42 to 44:
On Question, amendments agreed to.
Schedule 3 [Restriction on use of answers etc. obtained under compulsion]:
Lord Williams of Mostyn moved Amendments Nos. 45 to 58:
Page 45, line 11, after ("sections") insert (" 56,").
Page 45, line 11, at end insert--
("( ) Paragraph 3(4) of Schedule 1 extends also to Scotland.").
Page 51, line 40, leave out from beginning to ("include") in line 41 and insert ("The matters relating to a person in relation to which the restrictions imposed by subsection (1) above apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)").
Page 54, line 22, leave out from beginning to ("include") in line 23 and insert ("The matters relating to a person in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)").
Page 56, line 30, at end insert--
("( ) In subsection (3) (cases where written consent not a defence), at the end insert ", or that person was under the age of 16 at the time when it was given."").
Page 58, line 11, at end insert ("or
(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."").
Page 58, line 27, at end insert ("or
(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."").
Page 60, line 40, at end insert ("or
(c) an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."").
Page 61, line 11, at end insert ("or
(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."").
Page 61, line 28, at end insert ("or
(d) an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."
. The Companies (Northern Ireland) Order 1986 is amended as follows.
. In Article 427 (production of documents and evidence to inspectors conducting investigations into companies), after paragraph (5) (use of answers given to inspectors) insert--
"(5A) However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies--
(a) no evidence relating to the answer 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.
(5B) Paragraph (5A) applies to any offence other than an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."
. In Article 440 (production of company documents to Department), after paragraph (8) (use of statements made under the Article) insert--
"(8A) However, in criminal proceedings in which that 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.
(8B) Paragraph (8A) applies to any offence other than--
(a) an offence under paragraph (6) or Article 444; or
(b) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."").
Page 61, line 42, at end insert ("or section 94(1)(a) below;").
Page 61, line 47, at end insert ("or
(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."").
Page 62, line 10, at end insert ("or section 94(4) below;").
Page 62, line 15, at end insert ("or
(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."").
Page 62, line 27, after ("above") insert ("or section 94(1)(a) below;").
Page 62, line 32, at end insert ("or
(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."").
Page 63, line 12, at end insert ("or
(d) an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."
.--(1) Article 23 of the Companies (Northern Ireland) Order 1989 (admissibility in evidence of statements) is amended as follows.
(2) That Article is renumbered as paragraph (1) of that Article.
(3) After that paragraph insert--
"(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 the Insolvency Order, and
(ii) designated for the purposes of this paragraph by such rules or by regulations; or
(b) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
(4) Regulations under paragraph (3)(a)(ii) shall after being made be laid before the Assembly."
.--(1) Article 375 of the Insolvency (Northern Ireland) Order 1989 (admissibility in evidence of statements of affairs etc.) is amended as follows.
(2) That Article is renumbered as paragraph (1) of that Article.
(3) After that paragraph insert--
"(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 under Article 34(6), 57(6), 58(8), 81(7), 84(5), 85(3)(a), 111(7), 162(2), 172(1)(a) or (d) or (2), 174, 199(5), 324(1), 325(1)(b) or (5) or 327(1) or (3)(a) or (b);
(b) an offence which is--
(i) created by rules made under this Order, and
(ii) designated for the purposes of this paragraph by such rules or by regulations; or (c) an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).
(4) Regulations under paragraph (3)(b)(ii) shall after being made be laid before the Assembly."").
Page 63, line 30, at end insert ("or
(c) an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."").
Page 63, line 38, at end insert--
. In paragraph 6 of Schedule 2 to the Proceeds of Crime (Northern Ireland) Order 1996 (admissibility of evidence), for sub-paragraph (b) substitute--
"(b) on his prosecution for some other offence where evidence relating to any such answer or information is adduced, or a question relating to it is asked, by or on behalf of that person; or".").
On Question, amendments agreed to.
Schedule 4 [Minor and consequential amendments]:
Lord Williams of Mostyn moved Amendment No. 59:
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