5(1)This paragraph applies where the Electoral Commission have given a notice under paragraph 3 requiring any information or explanation to be provided.S
(2)The Court of Session may, on the application of the Commission, make an information disclosure order against a person (“the respondent”) if satisfied that—
(a)there are reasonable grounds to suspect that a person (whether or not the respondent) has committed a campaign offence or has contravened (otherwise than by committing an offence) any restriction or other requirement imposed by schedule 3, 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 12(1).