Moved by
Lord Lansley
17: After Clause 8, insert the following new Clause—
“Limitations on duty to supply information and use of information supplied
(1) An information notice does not require a person to supply information if—
(a) doing so would disclose evidence of the commission of an offence, other than an offence excluded by subsection (2), and
(b) the disclosure would expose the person to proceedings for that offence.
(2) The following offences are excluded from subsection (1)—
(a) an offence under section 9 of this Act;
(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
(c) an offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);
(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (SI 1979/1714 (NI 19)) (false statutory declarations etc).
(3) Any relevant statement made by a person (“P”) in response to a requirement in an information notice may not be used in evidence against P on a prosecution for an offence under section 9 unless the conditions in subsection (4) are met.
(4) The conditions are that in the proceedings—
(a) in giving evidence P provides information inconsistent with the relevant statement, and
(b) evidence relating to the statement is adduced, or a question relating to it is asked, by P or on P's behalf.
(5) In subsection (3) “relevant statement”, in relation to a requirement in an information notice, means—
(a) an oral statement, or
(b) a written statement made for the purposes of the requirement.”
18: After Clause 8, insert the following new Clause—
“Right to appeal against information notice
(1) A person on whom an information notice has been served may appeal to the Tribunal against the notice.
(2) If an appeal is brought under this section, the person is not required to supply the information until the date on which the appeal is finally determined or withdrawn.
(3) Regulations may make provision for and in connection with the determination of appeals under this section.”