916. Privileged information.
Past version: effective from 14/06/2015 - 13/06/2015
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(1) Nothing in sections 893 to 909 compels the disclosure by any person to the Registrar or to an inspector appointed by the Registrar of information in respect of which a claim to legal professional privilege could be maintained.
(2) Nothing in section 896, 901 or 903 requires a person (except as mentioned in subsection (3) below) to disclose information or produce documents in respect of which he owes an obligation of confidence by virtue of carrying on the business of banking unless—
(a) the person to whom the obligation of confidence is owed is the company or other body corporate under investigation,
(b) the person to whom the obligation of confidence is owed consents to the disclosure or production, or
(c) the making of the requirement is authorised by the Registrar.
(3) Subsection (2) does not apply where the person owing the obligation of confidence is the company or other body corporate under investigation under section 893, 894 or 895.
(4) Nothing in sections 910 to 914—
(a) compels the production by any person of a document or the disclosure by any person of information in respect of which a claim to legal professional privilege could be maintained,
(b) authorises the taking of possession of any such document which is in the person's possession.
(5) The Registrar must not under section 910 require, or authorise a person to require—
(a) the production by a person carrying on the business of banking of a document relating to the affairs of a customer of his, or
(b) the disclosure by it of information relating to those affairs,
unless one of the conditions in subsection (6) is met.
(6) The conditions are—
(a) the Registrar thinks it is necessary to do so for the purpose of investigating the affairs of the person carrying on the business of banking,
(b) the customer is a person on whom a requirement has been imposed under section 910,
(c) the customer is a person on whom a requirement to produce information or documents has been imposed by an investigator appointed by the Registrar.
(7) Despite subsections (1) and (2) a person who is a lawyer may be compelled to disclose the name and address of his client