Part 8

Investigations
Chapter 3

Scotland

Disclosure orders

Further provisions
395
1
A disclosure order does not confer the right to require a person to answer any question, provide any information or produce any document which he 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 and the Scottish Ministers may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order.
4
Documents so produced may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.
5
But if the Lord Advocate has, or the Scottish Ministers have, 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.