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Financial Services and Markets Act 2000

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Changes over time for: Cross Heading: Limitation on powers to require documents

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Version Superseded: 15/01/2013

Status:

Point in time view as at 01/04/2004.

Changes to legislation:

Financial Services and Markets Act 2000, Cross Heading: Limitation on powers to require documents is up to date with all changes known to be in force on or before 12 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Limitation on powers to require documentsU.K.

413 Protected items.U.K.

(1)A person may not be required under this Act to produce, disclose or permit the inspection of protected items.

(2)Protected items” means—

(a)communications between a professional legal adviser and his client or any person representing his client which fall within subsection (3);

(b)communications between a professional legal adviser, his client or any person representing his client and any other person which fall within subsection (3) (as a result of paragraph (b) of that subsection);

(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.

Modifications etc. (not altering text)

C1S. 413 applied (1.5.2009 for certain purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(b)(xiii)(c), 95, Sch. 5 para. 8 (with reg. 3)

C2S. 413 applied (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. para. 6

C3S. 413 applied (9.2.2011 for certain purposes and 30.4.2011 otherwise) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(a)(xiv)(b), 62, Sch. 3 para. 9 (with reg. 3)

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