Section Sch6-4 — Social Security Act 2018: Privilege

4 Privilege (1) Clause 2 does not require a person to provide information or produce a document that would be privileged in a court of law. (2) Subclause (1) is subject to the exception specified in subclause (3). (3) Clause 2 requires a person to provide information, or to produce a document, even though the information or document is legally professionally privileged, if the information or document— (a) is contained in, or is all or a part of, a record prepared by or kept in connection with a lawyer’s trust account; and (b) consists wholly or partly of, or relates wholly or partly to,— (i) the receipts, payments, income, expenditure, or financial transactions of a specified person (whether the lawyer, the lawyer’s client, or any other person); or (ii) investment receipts (being receipts arising or accruing from any money lodged at any time with a lawyer for investment) of any person or persons (whether the lawyer, the lawyer’s clients, or any other person or persons). (4) Record , in subclause (3), includes a record that is an account, an audio or audiovisual record, a book, an electronic record, or a statement. (5) If a person refuses to disclose information or a document on the ground that it is privileged under subclause (1) or (3), MSD or that person or another person to whom the information or document relates may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid. (6) The Judge may, for the purposes of determining the application, require the information or document to be produced to the court. (7) In this clause and clause 9 ,— lawyer means either or both of the following: (a) a person who is or has been a barrister or solicitor of the High Court (whether or not the barrister or solicitor is or has been a lawyer as defined in section 6 of the Lawyers and Conveyancers Act 2006): (b) a firm or an incorporated law firm (within the meaning of the Lawyers and Conveyancers Act 2006 ) in which a lawyer to whom paragraph (a) applies is or has been, or is or has been held out to be, a partner, director, or shareholder trust account , in relation to a lawyer, has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006. Compare: 1964 No 136 s 11(4)–(6)