Pensions Act 2004

Valid from 01/09/2005

311Protected itemsE+W+S

This section has no associated Explanatory Notes

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

(2)For this purpose “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 purpose 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.