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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 19 April 2023 - onwards
Version 2 of 2

34B. Determination by court as to whether legal professional privilege applies

(1) In this section -

'Court' means the High Court;

'privileged legal material' means information which, in the opinion of the Court, a person is entitled to refuse to produce on the grounds of legal professional privilege;

'relevant person' means the Bank or an authorised officer.

(2) If a person refuses to produce information or give access to it, pursuant to a requirement imposed by a relevant person under financial services legislation, on the grounds that the information contains privileged legal material, the Bank may, at any time within 6 months (or such longer period as the Court may allow) of the date of such refusal, apply to the Court for a determination as to whether the information, or any part of the information, is privileged legal material where -

(a) in relation to the information concerned -

(i) the Bank has reasonable grounds for believing that it is not privileged legal material, or