Legal professional privilege
40 Legal professional privilege
If—
a person is required to answer a question at an examination or produce a document before the Chief Examiner; and
the answer to the question would disclose, or the document contains, a communication that is recognised at law as privileged on the ground of legal professional privilege—
the person is, subject to subsection (2), entitled to refuse to comply with the requirement.
Where—
a legal practitioner is required to answer a question at an examination or produce a document before the Chief Examiner; and
the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner—
the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by whom the communication was made agrees to the legal practitioner complying with the requirement but, where the legal practitioner refuses to comply with the requirement, he or she must, if so required by the Chief Examiner, give the Chief Examiner the name and address of the person to whom or by whom the communication was made.
This Act’s bill:Explanatory memorandumSecond reading speech
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