Referendums (Scotland) Act 2020

Powers in relation to suspected offences or contraventions

3 (1) This paragraph applies where the Electoral Commission have reasonable grounds to suspect that—

(a) a person has committed a campaign offence, or

(b) a person has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by schedule 3.

(2) In this paragraph, “the suspected offence or contravention” means the offence or contravention referred to in sub-paragraph (1).

(3) The Commission may by notice require any person (including an organisation or individual to whom paragraph 1 applies)—

(a) to produce for inspection by the Commission, or a person authorised by the Commission, any documents that they reasonably require for the purposes of investigating the suspected offence or contravention,

(b) to provide the Commission, or a person authorised by the Commission, with any information or explanation that they reasonably require for those purposes.

(4) A person to whom a notice is given under sub-paragraph (3) must comply with the notice within such reasonable time as is specified in the notice.

(5) A person authorised by the Commission (“the investigator”) may require—

(a) the person mentioned in sub-paragraph (1) (if that person is an individual), or

(b) an individual who the investigator reasonably believes has relevant information,

to attend before the investigator at a specified time and place and answer any questions that the investigator reasonably considers to be relevant.

(6) The time specified must be a reasonable time.

(7) In sub-paragraph (5), “relevant” means relevant to an investigation by the Commission of the suspected offence or contravention.