SCHEDULES
SCHEDULE 5Investigatory powers etc.
PART 4Further powers exercisable by domestic enforcers and EU enforcers
Power to require the production of documents
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1
The officer may, at any reasonable time—
a
require a trader occupying the premises, or a person on the premises acting on behalf of such a trader, to produce any documents relating to the trader's business to which the trader has access, and
b
take copies of, or of any entry in, any such document.
2
The power in sub-paragraph (1) is available regardless of whether—
a
the purpose for which the documents are required relates to the trader or some other person, or
b
the proceedings referred to in paragraph 19(3)(b) or 20(4)(b) could be taken against the trader or some other person.
3
That power includes power to require the person to give an explanation of the documents.
4
Where a document required to be produced under sub-paragraph (1) contains information recorded electronically, the power in that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.
5
This paragraph does not permit an officer to require a person to create a document other than as described in sub-paragraph (4).
6
This paragraph does not permit an officer to require a person to produce any document which the person would be entitled to refuse to produce—
a
in proceedings in the High Court on the grounds of legal professional privilege, or
b
in proceedings in the Court of Session on the grounds of confidentiality of communications.
7
In sub-paragraph (6) “communications” means—
a
communications between a professional legal adviser and the adviser's client, or
b
communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.
8
In this paragraph “trader” has the same meaning as in Part 1 of this Act.