Section 361

A disclosure order does not confer the right to require a person to answer any privileged question, provide any privileged information or produce any privileged document, except that a lawyer may be required to provide the name and address of a client of his. A privileged question is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court. Privileged information is any information which the person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court. Privileged material is any material which the person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court. A disclosure order does not confer the right to require a person to produce excluded material. A disclosure order has effect in spite of any restriction on the disclosure of information (however imposed). An appropriate officer may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order. Documents so produced 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. But if an appropriate officer has reasonable grounds for believing that— they may be retained until the proceedings are concluded. the documents may need to be produced for the purposes of any legal proceedings, and they might otherwise be unavailable for those purposes,

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Source: legislation.gov.uk · retrieved 2026-09-04