Competition Act · s 39

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

39.
Self-incrimination and savings for professional legal advisers
(1) A person is not excused from disclosing any information or document to the Commission or, as the case may be, to an authorised officer, authorised person or a person required by the authorised officer, under a requirement made of him under any provision of this Act on the ground that the disclosure of the information or document might tend to incriminate him.
(2) Where a person claims, before making a statement disclosing information that he is required to under any provision of this Act to the
Commission or, as the case may be, to an authorised officer, authorised person or a person required by the authorised officer, that the statement might tend to incriminate him, that statement —
(a) shall not be admissible in evidence against him in criminal proceedings other than proceedings under Part 4; but
(b) shall, for the avoidance of doubt, be admissible in evidence in civil proceedings, including proceedings under this Act.
(3) Nothing in this Part shall —
(a) compel a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him in that capacity; or

Competition 48
(b) authorise the taking of any such document or other material which is in his possession.
(4) A professional legal adviser who refuses to disclose the information or produce the document or other material referred to in subsection (3) shall nevertheless be obliged to give the name and address
(if he knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 39Self-incrimination and savings for professional legal advisers

(1)

A person is not excused from disclosing any information or document to the Commission or, as the case may be, to an authorised officer, authorised person or a person required by the authorised officer, under a requirement made of him under any provision of this Act on the ground that the disclosure of the information or document might tend to incriminate him.

(2)

Where a person claims, before making a statement disclosing information that he is required to under any provision of this Act to the

Commission or, as the case may be, to an authorised officer, authorised person or a person required by the authorised officer, that the statement might tend to incriminate him, that statement —

(a)

shall not be admissible in evidence against him in criminal proceedings other than proceedings under Part 4; but

(b)

shall, for the avoidance of doubt, be admissible in evidence in civil proceedings, including proceedings under this Act.

(3)

Nothing in this Part shall —

(a)

compel a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him in that capacity; or

Competition 48

(b)

authorise the taking of any such document or other material which is in his possession.

(4)

A professional legal adviser who refuses to disclose the information or produce the document or other material referred to in subsection (3) shall nevertheless be obliged to give the name and address

(if he knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made.