Freedom of Information (Scotland) Act 2002

Matters exempt from inspection and seizure

8 (1) Subject to the provisions of this paragraph, the powers of inspection and seizure conferred by the warrant are not exercisable in respect of—

(a) a communication between professional legal adviser and client in connection with the giving of legal advice to the client with respect to the client’s obligations, liabilities or rights under this Act; or

(b) a communication between professional legal adviser and client, or between such adviser or client and another person, made in connection with or in contemplation of proceedings under or arising out of this Act and for the purpose of such proceedings.

(2) Sub-paragraph (1) applies also to—

(a) a copy or other record of such communication as is there mentioned; and

(b) a document or article enclosed with or referred to in such communication if made in connection with the giving of any advice or, as the case may be, in connection with or in contemplation of and for the purpose of such proceedings as are there mentioned.

(3) This paragraph does not apply to anything in the possession of a person other than the professional legal adviser or client or to anything held with the intention of furthering a criminal purpose.

(4) In this paragraph references to the client of a professional legal adviser include references to a person representing such a client.