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Change 1
As published
98 Matters subject to legal privilege.
(1) Subject to subsection (5) below, in section 97 “matters subject to legal privilege” means matters to which subsection (2), (3) or (4) below applies.
(2) This subsection applies to communications between a professional legal adviser and—
(a) his client, or
(b) any person representing his client,
which are made in connection with the giving of legal advice to the client.
(3) This subsection applies to communications—
(a) between a professional legal adviser and his client or any person representing his client, or
(b) between a professional legal adviser or his client or any such representative and any other person,
which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
(4) This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made—
(a) in connection with the giving of legal advice, or
(b) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
(5) For the purposes of section 97—
(a) communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and
(b) communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.
Your change, as a redline
98 Matters subject to legal privilege.
(1) Subject to subsection (5) below, in section 97 “matters subject to legal privilege” means matters to which subsection (2), (3) or (4) below applies.
(2) This subsection applies to communications between a professional legal adviser and—
(a) his client, or
(b) any person representing his client,
which are made in connection with the giving of legal advice to the client.
(3) This subsection applies to communications—
(a) between a professional legal adviser and his client or any person representing his client, or
(b) between a professional legal adviser or his client or any such representative and any other person,
which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
(4) This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made—
(a) in connection with the giving of legal advice, or
(b) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
(5) For the purposes of section 97—
(a) communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and
(b) communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.
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