§ Amendment proposed: No. 144, in page 59, line 26, after `operator', insert `or trustee'. —[Mr. Howard.]
§ Mr. CashI have one question in regard to legal privilege in proceedings in the High Court. I notice that clause 81(5) may require a lawyer to furnish the name and address of his client. I do not wish to make a great deal of this but it raises matters which may prove to be worth pursuing in another place. My hon. and learned Friend the Minister will be familiar with the problems that arise. I understand, however, that my hon. Friend the Under-Secretary of State is to reply. Hi: is nevertheless a friend. I should be grateful if he could examine this matter in due course and perhaps drop me a note about it. It raises matters concerning the disclosure of information about clients.
§ Mr. ButcherI am the only non-lawyer spokesman on the Front Benches. I shall loot into my hon. Friend's anxiety and write to him. En the aftermath of that correspondence, we will no doubt be able to decide whether we should take further action in another place.
§ Amendment agreed to.
§
Amendments made: No. 145, in page 59, line 29, leave out from `operator' to end of lire 31 and insert
'or trustee of, any other collective investment scheme,'.
§
No. 146, in page 59, line 38, after second 'or, inser—
'or of the manager, trustee or operator of,'.
§
No. 147, in page 59, line 42, leave out
'Section 433(2) and sections 434 to 437 of the Companies Act 1985'
and insert—
`Sections 434 to 436 of the Companies Act 1985 (production of documents and evidence to inspectors)'.
§
No. 148, in page 60, line 10, at end insert—
`(5) A person shall not under t us section be required to disclose any information or produce any document which he would be entitled to refuse to disclose or produce on grounds, of legal professional privilege in proceedings in the High Court or on grounds of confidentiality as between client and professional legal adviser in proceedings in the Court of Session except that a lawyer may Ire required to furnish the name and address of his client.
601
(6) Where a person claims a lien on a document its production under this section shall be without prejudice to the lien.
(7) Nothing in this section shall require a person carrying on the business of banking to disclose any information or produce any document relating to the affairs of a customer unless—
(8) An inspector appointed under this section may, and if so directed by the Secretary of State shall, make interim reports to the Secretary of State and on the conclusion of his investigation shall make a final report to him.'. — [Mr. Howard.]