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101.—(1) A person is not required under regulation 99 to produce or disclose a privileged communication.
(2) In paragraph (1) “privileged communication” means a communication—
(a)between a professional legal adviser and their client, or
(b)made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.
(3) In the application of this regulation to Scotland the reference in paragraph (2) to—
(a)proceedings in the High Court is to be read as a reference to legal proceedings generally; and
(b)an entitlement on grounds of legal professional privilege is to be read as a reference to an entitlement on the grounds of confidentiality of communications.
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