OpenLegislation

Article 9 Further provisionsI1

Scotland

(1)

A production order does not require a person to produce, or give access to, any items subject to legal privilege.

(2)

A production order has effect in spite of any restriction on the disclosure of information (however imposed).

(3)

A constable may take copies of any material which is produced, or to which access is given, in compliance with a production order.

(4)

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.

(5)

But if a constable has reasonable grounds for believing that—

(a)

the material may need to be produced for the purposes of any legal proceedings; and

(b)

it might otherwise be unavailable for those purposes,

it may be retained until the proceedings are concluded.

(6)

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.

Annotations

Commencement

I1

Art. 9 in force at 16.3.2015, see art. 1(b)