OpenLegislation

Paragraph 3 I1I2

(1)

This paragraph applies if a relevant enforcer has given a notice under paragraph 1(2) requiring any electronic material to be provided.

(2)

The High Court or (in Scotland) the Court of Session may make an electronic material disclosure order against a person (“the respondent”) if satisfied on an application by a relevant enforcer that there is electronic material referred to in the notice under paragraph 1(2) a copy of which—

(a)

has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently),

(b)

is reasonably required by a relevant enforcer for the purposes of determining whether electronic material has been published in contravention of section 41, and

(c)

the respondent is able to provide.

(3)

An electronic material disclosure order is an order requiring the respondent to provide to a relevant enforcer, within such time as is specified in the order, a copy of such electronic material falling within sub-paragraph (2)(b) as is identified in the order.

Annotations

Commencement

I1

Sch. 12 para. 3 not in force at Royal Assent, see s. 67(1)

I2

Sch. 12 para. 3 in force at 1.11.2023 by S.I. 2023/1145, reg. 3(m)

Notes on Schedule 12

Modifications

C1

Sch. 12 applied (with modifications) (17.11.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 57(1)(2), 73(2); S.S.I. 2025/260, reg. 3, sch. Pt. 1