5.—(1) This Schedule does not require any person to provide information or produce documentation which is privileged.
(2) Information and documentation is privileged if the person asked to provide or produce it would be entitled to refuse to do so on grounds of legal professional privilege in proceedings in the High Court or (in Scotland) on grounds of confidentiality of communications in proceedings in the Court of Session.
(3) But information or documentation held with the intention of furthering a criminal purpose is not privileged.