Part 8Investigations

Chapter 2England and Wales and Northern Ireland

Disclosure orders

I1C2C1C3361 Further provisions

1

A disclosure order does not confer the right to require a person to answer any privileged question, provide any privileged information or produce any privileged document, except that a lawyer may be required to provide the name and address of a client of his.

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 any information which the person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court.

4

Privileged material is any material which the person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court.

5

A disclosure order does not confer the right to require a person to produce excluded material.

6

A disclosure order has effect in spite of any restriction on the disclosure of information (however imposed).

7

F1An appropriate officer may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order.

8

Documents so produced may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.

9

But if F2an appropriate officer has reasonable grounds for believing that—

a

the documents may need to be produced for the purposes of any legal proceedings, and

b

they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.