In any proceedings (whether or not under this Act)—
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—
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—
Regulations under subsection (3)(b)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.