Schedules

Schedule 12Supply of information etc

I13Court order for disclosure of information etc

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.