[F1Court order for delivery of documents or provision of information etcU.K.
Textual Amendments
F1Sch. 19B inserted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 2(2), 43(1), Sch. 1; S.I. 2010/2866, art. 3(b)(e) (with art. 5)
4(1)This paragraph applies where the Commission have given a notice under paragraph 3 requiring documents to be produced.U.K.
(2)The High Court or (in Scotland) the Court of Session may make a document-disclosure order against a person (“the respondent”) if satisfied on an application by the Commission that—
(a)there are reasonable grounds to suspect that a person (whether or not the respondent) has committed an offence under this Act or has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by or by virtue of this Act, and
(b)there are documents referred to in the notice under paragraph 3 which—
(i)have not been produced as required by the notice (either within the time specified in the notice for compliance or subsequently),
(ii)are reasonably required by the Commission for the purposes of investigating the offence or contravention referred to in paragraph (a), and
(iii)are in the custody or under the control of the respondent.
(3)A document-disclosure order is an order requiring the respondent to deliver to the Commission, within such time as is specified in the order, such documents falling within sub-paragraph (2)(b) as are identified in the order (either specifically or by reference to any category or description of document).
(4)For the purposes of sub-paragraph (2)(b)(iii) a document is under a person's control if it is in the person's possession or if the person has a right to possession of it.
(5)A person who fails to comply with a document-disclosure order may not, in respect of that failure, be both punished for contempt of court and convicted of an offence under paragraph 13(1).
Modifications etc. (not altering text)
C1Sch. 19B paras. 3-5 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 9(4) (with Sch. 9 para. 9(6)); S.I. 2016/69, reg. 2
C2Sch. 19B paras. 3-5 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 44(4) (with Sch. 1 para. 44(6)); S.I. 2016/69, reg. 2
C3Sch. 19B paras. 3-13 applied (1.11.2023) by Elections Act 2022 (c. 37), ss. 53, 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)
5(1)This paragraph applies where the Commission have given a notice under paragraph 3 requiring any information or explanation to be provided.U.K.
(2)The High Court or (in Scotland) the Court of Session may make an information-disclosure order against a person (“the respondent”) if satisfied on an application by the Commission that—
(a)there are reasonable grounds to suspect that a person (whether or not the respondent) has committed an offence under this Act or has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by or by virtue of this Act, and
(b)there is any information or explanation referred to in the notice under paragraph 3 which—
(i)has not been provided as required by the notice (either within the time specified in the notice for compliance or subsequently),
(ii)is reasonably required by the Commission for the purposes of investigating the offence or contravention referred to in paragraph (a), and
(iii)the respondent is able to provide.
(3)An information-disclosure order is an order requiring the respondent to provide to the Commission, within such time as is specified in the order, such information or explanation falling within sub-paragraph (2)(b) as is identified in the order.
(4)A person who fails to comply with an information-disclosure order may not, in respect of that failure, be both punished for contempt of court and convicted of an offence under paragraph 13(1).]
Modifications etc. (not altering text)
C1Sch. 19B paras. 3-5 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 9(4) (with Sch. 9 para. 9(6)); S.I. 2016/69, reg. 2
C2Sch. 19B paras. 3-5 modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 44(4) (with Sch. 1 para. 44(6)); S.I. 2016/69, reg. 2
C3Sch. 19B paras. 3-13 applied (1.11.2023) by Elections Act 2022 (c. 37), ss. 53, 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)