Paragraph 12 Supplementary provisionI1I2
United Kingdom
A disclosure order does not confer the right to require a person—
to answer any question,
to provide any information, or
to produce any document,
which the person would be entitled to refuse to answer, provide or produce in legal proceedings on grounds of confidentiality of communications.
A disclosure order has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.
The Lord Advocate may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order.
The documents may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.
But if the Lord Advocate has reasonable grounds for believing that—
the documents may need to be produced for the purposes of any legal proceedings, and
they might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
Annotations
Commencement
- I1
Sch. 3 para. 12 not in force at Royal Assent, see 100(1)
- I2
Sch. 3 para. 12 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)