(1) This section
applies to proceedings under this Act other than the following proceedings
—
(a)
proceedings under section 235(1) or Division 6 or 12 of Part 5;
(b)
proceedings to enforce a decree or injunction made under section 235 or
Division 6 or 12 of Part 5.
(2) If —
(a) a
party to proceedings to which this section applies makes an offer to the other
party to the proceedings to settle the proceedings; and
(b) the
offer is made in accordance with any relevant rules,
the fact that the
offer has been made, or the terms of the offer, must not be disclosed to a
court in which the proceedings are being heard except for the purposes of the
consideration by the court of whether it should make an order as to costs
under section 237(2) and the terms of any such order.
(3) A judge or
magistrate of a court mentioned in subsection (2) is not disqualified from
sitting in the proceedings only because the fact that an offer has been made
is, contrary to that subsection, disclosed to the court.
[Section 240 inserted: No. 35 of 2006 s. 50.]