12Restrictions for legal professional privilegeE+W+N.I.
(1)A serious crime prevention order[F1in England and Wales or Northern Ireland] may not require a person—
(a)to answer any privileged question;
(b)to provide any privileged information; or
(c)to produce any privileged document.
(2)A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.
(3)“Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.
(4)A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.
[F2(4A)A serious crime prevention order in Scotland may not require a person to breach any duty of confidentiality of communications which the person could not be required to breach in proceedings before the appropriate court.]
(5)But [F3subsections (1) and (4A) do not] prevent an order from requiring a lawyer to provide the name and address of a client of his.
Textual Amendments
F1Words in s. 12(1) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(2); S.I. 2016/148, reg. 3(f)
F2S. 12(4A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(3); S.I. 2016/148, reg. 3(f)
F3Words in s. 12(5) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(4); S.I. 2016/148, reg. 3(f)
Commencement Information
I1S. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)