PART 4

OTHER FORMS OF ASSISTANCE TO THE MECHANISM

Effect of order: supplementary
21
1
Where the material to which a production or access order relates consists of information contained in a computer—
a
a production order has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, and
b
an access order has effect as an order to give access to the material in a form in which it is visible and legible.
2
A production or access order does not confer any right to production of, or access to, items subject to legal privilege.
3
Subject to paragraph (2), a production or access order has effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise.
4
For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (access to, and copying and retention of, seized material) material produced in pursuance of a production or access order must be treated as if it were material seized by a constable.
5
In the application of this article to Scotland, the following modifications have effect—
a
paragraph (4) is omitted, and
b
in paragraph (2), “items subject to legal privilege” has the meaning given to that expression by section 412 of the Proceeds of Crime Act 2002.