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The Pensions (Northern Ireland) Order 2005

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pensions (Northern Ireland) Order 2005 No. 255

Protected items

283.—(1) A person may not be required under or by virtue of this Order to produce, disclose or permit the inspection of protected items.

(2) For this purpose “protected items” means—

(a)communications between a professional legal adviser and his client or any person representing his client which fall within paragraph (3);

(b)communications between a professional legal adviser, his client or any person representing his client and any other person which fall within paragraph (3) (as a result of sub-paragraph (b) of that paragraph);

(c)items which—

(i)are enclosed with, or referred to in, such communications,

(ii)fall within paragraph (3), and

(iii)are in the possession of a person entitled to possession of them.

(3) A communication or item falls within this paragraph if it is made—

(a)in connection with the giving of legal advice to the client, or

(b)in connection with, or in contemplation of, legal proceedings and for the purpose of those proceedings.

(4) A communication or item is not a protected item if it is held with the intention of furthering a criminal purpose.

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