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Modifications etc. (not altering text)
C1Pt. 1 restricted (7.1.2010) by Banking Act 2009 (Exclusion of Insurers) Order 2010 (S.I. 2010/35), arts. 1, 2
C2Pt. 1: power to amend conferred (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 17(3)(f), 148(5); S.I. 2014/377, art. 2(1)(b), Sch. Pt. 2
Textual Amendments
F1Pt. 1 Ch. 4 inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 97
(1)A person may not be required under this Part to produce, disclose or permit the inspection of protected items.
(2)“Protected items” means—
(a)communications between a professional legal adviser and that adviser’s client or any person representing such a client which fall within subsection (3),
(b)communications between a professional legal adviser, that adviser’s client or any person representing such a client and any other person which fall within subsection (3) (as a result of paragraph (b) of that subsection), and
(c)items which—
(i)are enclosed with, or referred to in, such communications,
(ii)fall within subsection (3), and
(iii)are in the possession of a person entitled to possession of them.
(3)A communication or item falls within this subsection if it is made—
(a)in connection with the giving of legal advice to the client, or
(b)in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings.
(4)A communication or item is not a protected item if it is held with the intention of furthering a criminal purpose.]