ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 49 Authorised excuses for failures as respects return and declarations.

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 49

Authorised excuses for failures as respects return and declarations.

49.(1) The High Court, an election court or the county court may on the
application of a candidate or his election agent grant relief in accordance
with this section.

(2) Relief under this section may be granted

(a)to a candidate, in respect of any failure to transmit the return and
declarations as to election expenses, or any part of them, or in respect of
any error or false statement therein; or

(b)to an election agent, in respect of the failure to transmit the return and
declarations that he is required to transmit or any part of them or in respect
of any error or false statement therein.

(3) The application for relief may be made on the ground that the failure,
error or false statement arose

(a)by reason of the illness of the applicant; or

(b)where the applicant is the candidate, by reason of the absence, death,
illness or misconduct of his election agent or sub-agent or of any clerk or
officer of such agent; or

(c)where the applicant is the election agent, by reason of the death or
illness of any prior election agent of the candidate, or of the absence,
death, illness or misconduct of any sub-agent, clerk or officer of any
election agent of the candidate; or

(d)by reason of inadvertence or any reasonable cause of a like nature;

(4) The court may, after such notice of the application in the constituency
and on production of such evidence of the grounds stated in the application
and of the good faith of the application and otherwise as to the court seems
fit, make such order for allowing an authorised excuse for the failure, error
or false statement as to the court seems just.

(5) Where it is proved to the court by the candidate that any act or omission
of the election agent in relation to the return and declarations was without
the sanction or connivance of the candidate, and that the candidate used all
reasonable means for preventing the act or omission, the court shall relieve
the candidate from the consequences of the act or omission of his election
agent.

(6) An order under sub-section (4) may make the allowance conditional on the
making of the return and declaration in a modified form or within an extended
time, and upon the compliance with such other terms as to the court seem best
calculated for carrying into effect the objects of this Part.

(7) An order under sub-section (4) shall relieve the applicant for the order
from any liability or consequences under this Act in respect of the matter
excused by the order.

(8) The date of the order, or if conditions and terms are to be complied with,
the date at which the applicant fully complies with them, is referred to in
this Act as the date of the allowance of the excuse.

(9) The jurisdiction conferred on the High Court by this section may, subject
to rules of court, be exercised by a judge sitting either in court or at
chambers.

(10) An appeal shall lie to the High Court from any order of a county court
made by virtue of this section.

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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 49