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SCHEDULES

[F1SCHEDULE 5AU.K.Terrorist financing investigations: disclosure orders]

Textual Amendments

F1Sch. 5A Pt. 1 inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 2 para. 3; S.I. 2018/78, reg. 3(bb)

[F2PART 2SScotland

Textual Amendments

F2Sch. 5A Pt. 2 inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 2 para. 4; S.I. 2018/78, reg. 3(bb)

Further provisionsS

23(1)A disclosure order does not confer the right to require a person—

(a)to answer any question,

(b)to provide any information, or

(c)to produce any document,

which the person 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 may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order.

(4)The documents may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the terrorist financing investigation for the purposes of which the order was made.

(5)But if the Lord Advocate has 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.]