Part 8Investigations

Chapter 3Scotland

Disclosure orders

I1C2C1395 Further provisions

1

A disclosure order does not confer the right to require a person to answer any question, provide any information or produce any document which he would be entitled to refuse to answer, provide or produce on grounds of legal privilege.

2

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

3

The Lord Advocate and the Scottish Ministers may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order.

4

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.

5

But if the Lord Advocate has, or the Scottish Ministers have, 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.