Meaning of “special procedure material”
16.—(1) In this Order “special procedure material” means—
(a)material to which paragraph (2) applies; and
(b)journalistic material, other than excluded material.
(2) Subject to the following provisions of this Article, this paragraph applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who—
(a)acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and
(b)holds it subject—
(i)to an express or implied undertaking to hold it in confidence; or
(ii)to a restriction or obligation such as is mentioned in Article 13(2)(b).
(3) Where material is acquired—
(a)by an employee from his employer and in the course of his employment; or
(b)by a company from an associated company,
it is only special procedure material if it was special procedure material immediately before the acquisition.
(4) Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.
(5) Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.
(6) A company is to be treated as another’s associated company for the purposes of this Article if it would be so treated under section 416 of the Income and Corporation Taxes Act 1988(1).