ELECTORAL LAW ACT (NORTHERN IRELAND) 1962

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 61



61.(1) Where a candidate in respect of whom a deposit has been made

(a)withdraws in accordance with the Parliamentary Elections Rules or Local
Elections Rules as the case may be, the deposit shall be returned forthwith to
the person by whom it was made;

(b)dies before the commencement of the poll the deposit shall forthwith

(i)if made by him, be returned to his personal representatives;

(ii)if not made by him, be returned to the person by whom it was made;

(2) Where a candidate is not elected his deposit shall be forfeited if

Para.(a) rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I

(b)in any . . . election, the number of votes given to him does not exceed
one-eighth of the total number of votes polled;

For the purposes of this sub-section the number of votes polled shall be taken
to be the number of ballot papers (other than spoilt ballot papers) counted.

(3) Subject to sub-sections (4) and (5), where a candidate is elected

(a)at a parliamentary election, when and so soon as the candidate has taken
the oath as a member;

(b)at a local election, when and so soon as the candidate has made the
declaration required by [section 7 of the Local Government Act (Northern
Ireland) 1972];

(4) If any elected candidate fails, by reason of his death, mental or physical
incapacity or other cause not within his control, to take the oath or as the
case may be to make the declaration respectively referred to in sub-section
(3), the returning officer

(a)upon application being made to him by or on behalf of the candidate or his
estate or by or on behalf of the person by whom the deposit was made; and

(b)upon being satisfied as to such cause as aforesaid and as to the title of
the applicant;

(5) Where a deposit is retained under sub-section (3) and is not paid to an
applicant under sub-section (4), the returning officer

(a)where the deposit was made at a parliamentary election, shall retain the
deposit until the next following dissolution of Parliament;

(b)where the deposit was made at a local election, shall retain the deposit
for a period of three months from the date of the election;

(6) As soon as may be after a deposit has been forfeited under sub-section (5)
the returning officer shall send to the Ministry a full report thereon in
writing.

(7) Where a deposit is retained under sub-section (5) any person claiming to
be entitled thereto may at any time before the deposit is forfeited apply to
the county court for an order that the deposit be paid to him; and the court
upon being satisfied

(a)that the failure which caused the retention was not due to a cause within
the control of the candidate; and

(b)that the applicant is in all other respects entitled to the deposit;

(8) A deposit forfeited under this section

Para.(a) rep. by 1968 c.20 (NI) s.8 sch.4 Pt.I

(b)in relation to an election in any... constituency, shall be remitted by the
returning officer to the Ministry of Finance and paid into the Exchequer;

(c)in relation to a local election, shall be applied by the returning officer
towards the general expenses of the election and be accounted for by him
accordingly.

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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 61