92Procedure for determining claims of privilege—notice requiring production or witness summons

92 Procedure for determining claims of privilege—notice requiring production or witness summons

(1) This section applies if—

(a) a notice requiring the production of a document or other thing is served on a person under section 69(1) or a witness summons is served on a person under section 70; and

(b) the person claims that—

(i) the document or other thing to which the notice or witness summons relates is the subject of privilege; or

(ii) information which is an answer to a question or otherwise required to be provided by the person at a hearing before an investigating panel is the subject of privilege.

(2) A person making a claim to which this section applies must produce the document or other thing in accordance with the notice or attend the hearing in accordance with the witness summons.

(3) An investigating panel must consider the claim of privilege and either—

(a) withdraw the requirement to produce the document or other thing or to answer the question or provide the information; or

(b) not withdraw the requirement and, in the case of a requirement to produce a document or other thing, require the claimant to immediately seal the document or other thing in an envelope, or otherwise secure it if it cannot be sealed in an envelope, and give it to the investigating panel.

(4) If the claim relates to a document or other thing, an investigating panel must not inspect the document or thing in considering the claim.

(5) If an investigating panel does not withdraw the requirement to produce the document or other thing or to answer the question or provide the information, the investigating panel must—

(a) apply to the Supreme Court in accordance with section 94 for determination of the claim of privilege; and

(b) if the investigating panel requires the claimant to give the document or other thing to the investigating panel under subsection (3)(b), give the sealed envelope or the document or other thing otherwise secured to the proper court officer of the Supreme Court to be held in safe custody.

(6) Subject to section 95, a person must not open a sealed envelope or interfere with a document or thing secured otherwise than in an envelope before delivery to the proper officer of the Supreme Court.