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(1)A disclosure order does not confer the right to require a person to answer any question, provide any information or produce any document which he would be entitled to refuse to answer, provide or produce on grounds of legal privilege.
(2)A disclosure order has effect in spite of any restriction on the disclosure of information (however imposed).
(3)The Lord Advocate and the Scottish Ministers may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order.
(4)Documents so produced may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.
(5)But if the Lord Advocate has, or the Scottish Ministers have, reasonable grounds for believing that—
(a)the documents may need to be produced for the purposes of any legal proceedings, and
(b)they might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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