SCHEDULES

SCHEDULE 15Powers of entry and inspection

Matters exempt from inspection and seizure: privileged communications

11

1

The powers of inspection and seizure conferred by a warrant issued under this Schedule are not exercisable in respect of a communication which is made—

a

between a professional legal adviser and the adviser's client, and

b

in connection with the giving of legal advice to the client with respect to obligations, liabilities or rights under the data protection legislation.

2

The powers of inspection and seizure conferred by a warrant issued under this Schedule are not exercisable in respect of a communication which is made—

a

between a professional legal adviser and the adviser's client or between such an adviser or client and another person,

b

in connection with or in contemplation of proceedings under or arising out of the data protection legislation, and

c

for the purposes of such proceedings.

3

Sub-paragraphs (1) and (2) do not prevent the exercise of powers conferred by a warrant issued under this Schedule in respect of—

a

anything in the possession of a person other than the professional legal adviser or the adviser's client, or

b

anything held with the intention of furthering a criminal purpose.

4

The references to a communication in sub-paragraphs (1) and (2) include—

a

a copy or other record of the communication, and

b

anything enclosed with or referred to in the communication if made as described in sub-paragraph (1)(b) or in sub-paragraph (2)(b) and (c).

5

In sub-paragraphs (1) to (3), the references to the client of a professional legal adviser include a person acting on behalf of such a client.