Sch. 5
33.—(1) This Part of this Schedule is without prejudice to any rule of law whereby—
- (a) communications between a professional legal adviser and his client, or
- (b) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,
are in legal proceedings protected from disclosure on the ground of confidentiality.
(2) For the purpose of exercising any powers conferred on him under this Part of this Schedule a constable may, if necessary, open lockfast places on premises specified in an order under paragraph 22, a warrant under paragraph 28 or a notice under paragraph 32.
(3) A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.
SCHEDULE 6
Financial Information
Orders
1.—(1) Where an order has been made under this paragraph in relation to a terrorist investigation, a constable named in the order may require a financial institution to provide customer information for the purposes of the investigation.
(2) The information shall be provided—
- (a) in such manner and within such time as the constable may specify, and
- (b) notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.
(3) An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence.
(4) It is a defence for an institution charged with an offence under subparagraph (3) to prove—
- (a) that the information required was not in the institution’s possession, or
- (b) that it was not reasonably practicable for the institution to comply with the requirement.
(5) An institution guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Procedure
2. An order under paragraph 1 may be made only on the application of—
- (a) in England and Wales or Northern Ireland, a police officer of at least the rank of superintendent, or
- (b) in Scotland, the procurator fiscal.
3. An order under paragraph 1 may be made only by—
- (a) in England and Wales, a Circuit judge,
- (b) in Scotland, the sheriff, or
- (c) in Northern Ireland, a county court judge.
