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Part II U.K.[F1 Inspections under Articles 20, 21 and 22(2)]

Textual Amendments

F1 Pt. 2 heading substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 36

[F2 65APrivileged communications: Article 22(2) inspections U.K.

(1) A person shall not be required, by virtue of any provision of section 62B or 63, to produce or disclose a privileged communication.

(2) “Privileged communication” means a communication—

(a) between a professional legal adviser and his client, or

(b) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.

(3) In the application of this section to Scotland—

(a) the reference to the High Court is to be read as a reference to the Court of Session; and

(b) the reference to legal professional privilege is to be read as a reference to confidentiality of communications.]

Textual Amendments

F2 Ss. 65A, 65B inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 43