Companies Ammended Act 2009 - Section 6

Amendment of section 23 of Act of 1990.

6.—Section 23 of the Act of 1990

is amended by substituting the following subsections for subsection (1):
(1) In this section—
‘computer’ has the same meaning as it has in section 20;
‘information’ means information contained in a document, a
computer or otherwise;
‘privileged legal material’ means information which, in the
opinion of the court, a person is entitled to refuse to produce
on the grounds of legal professional privilege.


(1A) Subject to subsection (1B), nothing in this Part shall
compel the disclosure by any person of privileged legal material
or authorise the taking of privileged legal material.


(1B) The disclosure of information may be compelled, or
possession of it taken, pursuant to the powers in this Part, notwithstanding
that it is apprehended that the information is privileged
legal material provided the compelling of its disclosure
or the taking of its possession is done by means whereby the
confidentiality of the information can be maintained (as against
the person compelling such disclosure or taking such possession)
pending the determination by the court of the issue as to
whether the information is privileged legal material.


(1C) Without prejudice to subsection (1D), where, in the circumstances
referred to in subsection (1B), information has been
disclosed or taken possession of pursuant to the powers in this
Part, the person—
(a) to whom such information has been so disclosed, or
(b) who has taken possession of it,
shall (unless the person has, within the period subsequently
mentioned in this subsection, been served with notice of an
application under subsection (1D) in relation to the matter
concerned) apply to the court for a determination as to whether
the information is privileged legal material and an application
[2009.] Companies (Amendment) Act 2009. [No. 20.]
under this subsection shall be made within 7 days after the disclosure
or the taking of possession.


(1D) A person who, in the circumstances referred to in subsection


(1B), is compelled to disclose information, or from
whose possession information is taken, pursuant to the powers
in this Part, may apply to the court for a determination as to
whether the information is privileged legal material.


(1E) Pending the making of a final determination of an application
under subsection (1C) or (1D), the court may give such
interim or interlocutory directions as the court considers appropriate
including, without prejudice to the generality of the foregoing,
directions as to-


(a) the preservation of the information, in whole or in
part, in a safe and secure place in any manner specified
by the court,
(b) the appointment of a person with suitable legal qualifications
possessing the level of experience, and the
independence from any interest falling to be determined
between the parties concerned, that the court
considers to be appropriate for the purpose of—
(i) examining the information, and
(ii) preparing a report for the court with a view to
assisting or facilitating the court in the making
by the court of its determination as to whether
the information is privileged legal material.


(1F) An application under subsection (1C), (1D) or (1E)
shall be by motion and may, if the court directs, be heard otherwise
than in public.”.

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