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(1)A person may not be required under this Act to produce, disclose or permit the inspection of protected items.
(2)“Protected items” means—
(a)communications between a professional legal adviser and his client or any person representing his client which fall within subsection (3);
(b)communications between a professional legal adviser, his client or any person representing his client and any other person which fall within subsection (3) (as a result of paragraph (b) of that subsection);
(c)items which—
(i)are enclosed with, or referred to in, such communications;
(ii)fall within subsection (3); and
(iii)are in the possession of a person entitled to possession of them.
(3)A communication or item falls within this subsection if it is made—
(a)in connection with the giving of legal advice to the client; or
(b)in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings.
(4)A communication or item is not a protected item if it is held with the intention of furthering a criminal purpose.
Modifications etc. (not altering text)
C1S. 413 applied (1.5.2009 for certain purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(b)(xiii)(c), 95, Sch. 5 para. 8 (with reg. 3)
C2S. 413 applied (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. para. 6
C3S. 413 applied (9.2.2011 for certain purposes and 30.4.2011 otherwise) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(a)(xiv)(b), 62, Sch. 3 para. 9 (with reg. 3)