SCHEDULES

F2SCHEDULE 5ATerrorist financing investigations: disclosure orders

Annotations:
Amendments (Textual)
F2

Sch. 5A Pt. 1 inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 2 para. 3; S.I. 2018/78, reg. 3(bb)

F1PART 2Scotland

Annotations:
Amendments (Textual)
F1

Sch. 5A Pt. 2 inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 2 para. 4; S.I. 2018/78, reg. 3(bb)

C6C4C3C5C1C223Further provisions

1

A disclosure order does not confer the right to require a person—

a

to answer any question,

b

to provide any information, or

c

to produce any document,

which the person would be entitled to refuse to answer, provide or produce on grounds of legal privilege.

2

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

3

The Lord Advocate may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order.

4

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 terrorist financing investigation for the purposes of which the order was made.

5

But if the Lord Advocate has reasonable grounds for believing that—

a

the documents may need to be produced for the purposes of any legal proceedings, and

b

they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.