Section 133 Guidance about privileged communicationsI1

(1)

The F1Commission must produce and publish guidance about—

(a)

how the Commission proposes to secure that privileged communications which the Commission obtains or has access to in the course of carrying out the Commission's functions are used or disclosed only so far as necessary for carrying out those functions, and

(b)

how the Commission proposes to comply with restrictions and prohibitions on obtaining or having access to privileged communications which are imposed by an enactment.

(2)

The Commission—

(a)

may alter or replace the guidance, and

(b)

must publish any altered or replacement guidance.

(3)

The Commission must consult the Secretary of State before publishing guidance under this section (including altered or replacement guidance).

(4)

The Commission must arrange for guidance under this section (including altered or replacement guidance) to be laid before Parliament.

(5)

In this section, “privileged communications” means—

(a)

communications made—

(i)

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

(ii)

in connection with the giving of legal advice to the client with respect to legal obligations, liabilities or rights, and

(b)

communications made—

(i)

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

(ii)

in connection with or in contemplation of legal proceedings, and

(iii)

for the purposes of such proceedings.

(6)

In subsection (5)—

(a)

references to the client of a professional legal adviser include references to a person acting on behalf of the client, and

(b)

references to a communication include—

(i)

a copy or other record of the communication, and

(ii)

anything enclosed with or referred to in the communication if made as described in subsection (5)(a)(ii) or in subsection (5)(b)(ii) and (iii).

Annotations

Textual amendments

F1: Word in s. 133(1)-(4) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Commencement

I1: S. 133 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)