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80A. Use and effect of Information and Documents obtained for an Investigation

(1) Subject to Article 80A(2), information given or documents produced as a result of the exercise by the DFSA of powers under Article 80 is admissible in evidence in any proceedings, provided that any such information or document also complies with any requirements relating to the admissibility of evidence in such proceedings.
(2) The DFSA shall not disclose a statement made by a person in answer to any question asked pursuant to a requirement made of the person under Article 80(1)(d) to any law enforcement agency for the purpose of criminal proceedings against the person unless:
(a) the person consents to the disclosure; or
(b) the DFSA is required by law or court order to disclose the statement.
(3) The DFSA may retain possession of any information and documents given to it pursuant to a requirement made under Article 80(1) for so long as is necessary:
(a) for the purposes of the investigation to which the notice relates;
(b) for a decision to be made about whether or not a proceeding to which the information or documents would be relevant should be commenced; or
(c) for such a proceeding to be completed.
(4) A person is not entitled to claim a lien on any documents as a basis for failing to comply with a requirement made under Article 80(1), but any lien is not otherwise prejudiced.
(5) Where a person is unable to produce information or documents in compliance with a requirement made under Article 80(1), the DFSA may require the person to state, to the best of that person's knowledge or belief, where the information or documents may be found and who last had possession, custody or control of the information or documents.
(6) Where the DFSA considers that, if disclosed, the fact of the issuing of a notice requiring a person to:
(a) produce documents;
(b) give information;
(c) attend a compulsory interview; or
(d) give assistance;
may hinder the investigation to which it relates, the DFSA may direct a person who receives a notice under Article 80(1) not to disclose the receipt of a notice or any information relating to compliance therewith to any other person, other than his legal representative under a duty of confidentiality.