Part 8Investigations

Chapter 3Scotland

Production orders

I1383 Further provisions

C7C6C1C31

A production order does not require a person to produce, or give access to, any items subject to legal privilege.

C6C8C2C32

A production order has effect in spite of any restriction on the disclosure of information (however imposed).

C9C103

A proper person may take copies of any material which is produced, or to which access is given, in compliance with a production order.

4

Material produced in compliance with a production order may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the order was made.

C5C45

But if a proper person has reasonable grounds for believing that—

a

the material may need to be produced for the purposes of any legal proceedings, and

b

it might otherwise be unavailable for those purposes,

it may be retained until the proceedings are concluded.