In this act Article 6 of 10
Article 6 — Procedure for requests for taking a statement from a person
Financial servicesLevel 2ITSMiFID IIIn forceOfficial source
6(1)Copy link
1.If the requesting authority includes within its request the taking of a statement of any person, the requested authority and the requesting authority shall, subject to existing legal limitations or constraints and any differences in procedural requirements, assess and take into account:
6(1)(b)
(b)the role of the staff of the requested authority and of the requesting authority in the taking of the statement;
Copy link6(1)(c)
(c)whether the person from whom the statement is to be taken has the right to be assisted by a legal representative and, if so, the scope of the representative's assistance during the taking of the statement, including in relation to any records or report of the statement;
Copy link6(1)(d)
(d)whether the statement is to be taken on a voluntary or compelled basis where that distinction exists;
Copy link6(1)(e)
(e)whether, based on the information that is available at the time of the request, the person from which the statement is to be taken is a witness or subject of investigation;
Copy link6(1)(f)
(f)whether, based on the information that is available at the time of the request, the statement could be, or is intended to be used in criminal proceedings;
Copy link6(1)(h)
(h)the recording of the statement and the applicable procedures, including whether it will be contemporaneous or summarised written minutes or an audio or audiovisual recording;
Copy link6(1)(i)
(i)procedures on the certification or confirmation of the statement by the persons providing the statement, including whether that takes place after the statement is taken.
Copy link6(2)Copy link
2.The requested authority and the requesting authority shall ensure that arrangements are in place for their staff to proceed efficiently, including arrangements to enable their staff to agree on any additional information that may be necessary, including the following:
6(2)(b)
(b)the list of questions to be asked of the person from which the statement is to be taken and its review;
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