ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 48 Penalty for sitting or voting after failure to transmit return and declarations.

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 48

Penalty for sitting or voting after failure to transmit return and declarations.

48.(1) If with respect to any candidate the return and declarations as to
election expenses are not transmitted before the expiration of the time
limited for the purpose, that candidate shall not after the expiration of that
time sit or vote in the House of Commons as a member for the constituency in
which the election was held either until the said return and declarations have
been transmitted or until the date of the allowance of an authorised excuse
under section forty-nine.

(2) A person who, in contravention of sub-section (1), sits or votes in the
House of Commons shall forfeit one hundred pounds for every day on which he so
sits or votes.

[(2A) In the application of subsections (1) and (2) to a candidate at a
local election

(a)the reference to sitting and voting in the House of Commons as a member for
a constituency for which the election was held shall be taken as a reference
to sitting or voting in the district council for the district for which the
election was held; and

(b)fifty pounds shall be substituted for one hundred pounds and, instead of
civil proceeding for a penalty, summary proceedings may be instituted in a
court of summary jurisdiction and the person charged shall be liable, on
conviction, to a fine of an amount not exceeding the amount of the penalty
which would be recoverable in civil proceedings.]

(3) A proceeding under sub-section (2) shall be commenced within one year
after the date of the contravention and for the purpose of this sub-section a
proceeding shall be deemed to be commenced

(a)where the service or execution of a writ or other process is prevented by
the absconding or concealment or act of the alleged offender, by the issue of
the writ or process;

(b)in any other case, by the service or execution of the writ or process on or
against the alleged offender.

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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 48