SCHEDULE 4OFFENCES, ENFORCEMENT AND OTHER MATTERS

PART IIIMISCELLANEOUS AND SUPPLEMENTAL

Savings for certain privileges13

Save for paragraph 6 (power of enforcement authority to require technical documentation), nothing in these Regulations shall be taken as requiring any person–

a

to produce any records if he would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled; or

b

to answer any question or give any information if to do so would incriminate that person or that person’s spouse.