Section 21 of the Act of 1984 is amended -

(a) by the insertion of the following subsection after subsection (3):

"(3A) Where a party ('the first-mentioned party') serves a notice pursuant to paragraph (d) of subsection (2) objecting to a statement being tendered in evidence under this section, the court may, at the hearing of the matter, on the application of the party who served, pursuant to paragraph (c) of that subsection, the copy of the statement to which the notice relates -

(a) require the first-mentioned party to provide an explanation to the court of the reasons for serving that notice, and

(b) where the court is satisfied, having taken into account the explanation provided in accordance with paragraph (a), that it is not contrary to the interests of justice to do so, direct that the statement be so tendered.",

and

(b) in subsection (5)(b), by the substitution of "give evidence, including for the purposes of cross-examination" for "give evidence".