Regulation 64 Limitation on duty to provide information

(1)

A person may not be required under these Regulations or capacity market rules to produce, disclose or permit the inspection of protected items.

(2)

In paragraph (1) “protected items” means—

(a)

communications between a professional legal adviser (“LA”) and LA's client or any person representing LA's client which fall within paragraph (3);

(b)

communications between LA, LA's client or any person representing LA's client and any other person which fall within paragraph (3) (as a result of sub-paragraph (b) of that paragraph);

(c)

items which—

(i)

are enclosed with, or referred to in, such communications;

(ii)

fall within paragraph (3); and

(iii)

are in the possession of a person entitled to possession of them.

(3)

A communication or item falls within this paragraph if it is made—

(a)

in connection with the giving of legal advice to the client; or

(b)

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

(4)

A communication or item is not a protected item if it is held with the intention of furthering a criminal purpose.