Part 8Investigations

Chapter 3Scotland

General

412 Interpretation

In this Chapter, unless the context otherwise requires—

  • appropriate person” means—

    1. a

      the procurator fiscal, in relation to a confiscation investigation or a money laundering investigation,

    2. b

      the Scottish Ministers, in relation to a civil recovery investigation;

    references to a “constable” include references to a customs and excise officer;

  • legal privilege” means protection in legal proceedings from disclosure, by virtue of any rule of law relating to the confidentiality of communications; and “items subject to legal privilege” are—

    1. a

      communications between a professional legal adviser and his client, or

    2. b

      communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

    which would be so protected.

  • premises” include any place and, in particular, include—

    1. a

      any vehicle, vessel, aircraft or hovercraft;

    2. b

      any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 (c. 61) and any tent or movable structure;

  • proper person” means—

    1. a

      a constable, in relation to a confiscation investigation or a money laundering investigation;

    2. b

      the Scottish Ministers or a person named by them, in relation to a civil recovery investigation.