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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 18 January 2018 - onwards
Version 2 of 2

Regulation 9 Provision of information: safeguards

(1) A person may not be required under regulation 7 -

(a) to produce excluded material, or

(b) to provide information, produce documents or answer questions which that person would be entitled to refuse to provide, produce or answer on grounds of legal professional privilege in proceedings in the High Court.

(2) The provision of information in accordance with regulation 7 is not to be taken to breach any restriction on the disclosure of information, however imposed.

(3) Where a disclosure is made in good faith in accordance with regulation 7 no civil liability arises in respect of the disclosure on the part of the person by whom, or on whose behalf, it is made.

(4) In the application of this regulation to Scotland, the references in paragraph (1) -

(a) to proceedings in the High Court are to be read as references to proceedings in the Court of Session, and

(b) to an entitlement on grounds of legal professional privilege are to be read as references to an entitlement on the grounds of confidentiality of communication -

(i) between professional legal advisers and their clients, or

(ii) made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings.