Schedules
Schedule 3Disclosure orders
Part 2Scotland
I1I212Supplementary provision
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 in legal proceedings on grounds of confidentiality of communications.
2
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.
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 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.