Article 9 Further provisionsI1
Scotland
A production order does not require a person to produce, or give access to, any items subject to legal privilege.
A production order has effect in spite of any restriction on the disclosure of information (however imposed).
A constable may take copies of any material which is produced, or to which access is given, in compliance with a production order.
Material produced in compliance with a production order may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the external investigation.
But if a constable has reasonable grounds for believing that—
the material may need to be produced for the purposes of any legal proceedings; and
it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
Material produced in compliance with a production order must be sent to the Secretary of State for forwarding to the overseas authority that made the request for assistance.