Abrogation of privileges
56 Abrogation of privileges
This section applies where, under section 54 or 55, the Commission requires any person to produce—
any statement of information, or
any document or other thing.
The Commission must set aside the requirement if it appears to the Commission that any person has a ground of privilege under which, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Commission that the person consents to compliance with the requirement.
The person must, however, comply with the requirement despite—
any rule that in proceedings in a court of law might justify an objection to compliance with a like requirement on grounds of public interest, or
any privilege of a public authority or public official in that capacity that the authority or official could have claimed in a court of law, or
any duty of secrecy or other restriction on disclosure applying to a public authority or public official or a former public authority or public official.
This Act’s bill:Explanatory memorandumSecond reading speech
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