Trade Union and Labour Relations (Consolidation) Act 1992

[F1SupplementaryU.K.

Textual Amendments

F1Sch. A3 inserted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 1; S.I. 2021/1373, regs. 3(a), 4(b) (with regs. 5, 6)

6(1)Nothing in this Schedule requires or authorises anyone to require—U.K.

(a)the disclosure by a person of information which the person would in an action in the High Court or the Court of Session be entitled to refuse to disclose on grounds of legal professional privilege, or

(b)the production by a person of a document which the person would in such an action be entitled to refuse to produce on such grounds.

(2)But a lawyer may be required under paragraph 2 or 3 to disclose the name and address of the lawyer's client if that information may be relevant to whether a trade union has failed to comply with a requirement of section 24(1).

(3)A person is not excused from providing an explanation or making a statement in compliance with a requirement imposed under paragraph 2(5) or 3(2) on the ground that to do so would tend to expose the person to proceedings for an offence.

(4)But an explanation so provided or a statement so made may be used in evidence against the person by whom it is provided or made on a prosecution for an offence only where, in giving evidence, the person makes a statement inconsistent with it.

(5)In this Schedule—

(a)references to documents include information recorded in any form;

(b)in relation to information recorded otherwise than in legible form, references to its production are to the production of a copy of the information in legible form.]