HomeFWJ TakeawayResourcesSection 20 of the Company Director Disqualification Act 1986

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Set out below in full is section 20 of the Company Director disqualification Act 1986 setting out the general provisions relating to the admissibility in evidence of statements in director disqualification proceedings.

Admissibility in evidence of statements

In any proceedings (whether or not under this Act), any statement made in pursuance of a requirement imposed by or under sections 6 to 10, 15 or 19(c) of, or Schedule 1 to, this Act, or by or under rules made for the purposes of this Act under the Insolvency Act 1986, may be used in evidence against any person making or concurring in making the statement.

However, in criminal proceedings in which any such person is charged with an offence to which this subsection applies—

  • no evidence relating to the statement 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, or a question relating to it is asked, in the proceedings by or on behalf of that person.

Subsection (2) applies to any offence other than:

  • an offence which is:-
  • created by rules made for the purposes of this Act under the Insolvency Act 1986, anddesignated for the purposes of this subsection by such rules or by regulations made by the Secretary of State;
  • an offence which is:created by regulations made under any such rules, and designated for the purposes of this subsection by such regulations;
  • an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or
  • an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath).

Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.


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