Section 81Privileged communications

(1) A person may not be required under any provision of this Chapter to produce, generate or give to the CMA or an officer of the CMA a privileged communication.

(2) Nothing in this Chapter authorises the CMA or an officer of the CMA to produce or take possession of, or take copies of or extracts from, a privileged communication (but this is subject to Part 2 of the Criminal Justice and Police Act 2001, as amended by section 77 of this Act).

(3) A “privileged communication” is a communication—

• (a)
  between a professional legal adviser and their client, or
• (b)
  made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.

(4) In the application of this section to Scotland—

• (a)
  the reference to the High Court is to be read as a reference to the Court of Session, and
• (b)
  the reference to legal professional privilege is to be read as a reference to the confidentiality of communications.