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22. (1) If a duly authorised officer of an enforcement authority has reasonable grounds for suspecting that an offence has been committed under regulation 17, he may require a person carrying on or employed in a business to produce any document relating to the business, and take copies of it or any entry in it for the purposes of ascertaining whether such an offence has been committed.
(2) If the officer has reasonable grounds for believing that any documents may be required as evidence in proceedings for such an offence, he may seize and detain them and shall, if he does so, inform the person from whom they are seized.
(3) In this regulation “document” includes information recorded in any form.
(4) The reference in paragraph (1) to production of documents is, in the case of a document which contains information recorded otherwise than in a legible form, a reference to the production of a copy of the information in a legible form.
(5) An officer seeking to exercise a power under this regulation must do so only at a reasonable hour and on production (if required) of his identification and authority.
(6) Nothing in this regulation requires a person to produce, or authorises the taking from a person of, a document which the other person would be entitled to refuse to produce in proceedings in the High Court on the grounds of legal professional privilege or (in Scotland) in the Court of Session on the grounds of confidentiality of communications.
(7) In paragraph (6) “communications” means—
(a)communications between a professional legal adviser and his client; or
(b)communications made in connection with, or in contemplation of legal proceedings and for the purpose of those proceedings.
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