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Legal Services (Scotland) Act 2010

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This is the original version (as it was originally enacted).

75Professional privilege
This section has no associated Explanatory Notes

(1)Subsection (2) applies to any communication made to or by—

(a)a licensed provider in the course of its acting as such in its provision of legal services for any of its clients,

(b)a designated person (apart from a solicitor or advocate) within the licensed provider who is acting—

(i)in connection with its provision of such legal services, and

(ii)at the direction, and under the supervision, of a solicitor.

(2)The communication is, in any legal proceedings, privileged from disclosure as if the licensed provider or (as the case may be) the person had at all material times been a solicitor acting for the client.

(3)Subsection (4) applies to any special provision which—

(a)is contained in an enactment or otherwise,

(b)relates to a solicitor, and

(c)concerns—

(i)the disclosure of information with respect to which a claim of professional privilege could be maintained, or

(ii)the production, seizure or removal of documents with respect to which such a claim could be maintained.

(4)The provision has effect in relation to a licensed provider, and any designated person (apart from a solicitor) within a licensed provider, as it does in relation to a solicitor but with any necessary modifications.

(5)This section is without prejudice to any other enactment or rule of law concerning professional or other privilege from disclosure (in particular, as applicable in relation to a solicitor).

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