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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 83

Special case for determination of Court of Appeal.

83.(1) If, on the application of any party to a petition made in the
prescribed manner to the High Court, it appears to the High Court that the
case raised by the petition can be conveniently stated as a special case, the
High Court may direct it to be stated accordingly.

(2) If it appears to the election court on the trial of an election petition
that any question of law as to the admissibility of evidence or otherwise
requires further consideration by the [Court of Appeal], the election court
may postpone the granting of a certificate until the question has been
determined by the [Court of Appeal], and for this purpose may reserve the
question by stating a case for the decision of the [Court of Appeal].

(3) A special case under sub-section (1) or sub-section (2) shall be stated to
and heard and determined by the [Court of Appeal] in accordance with rules of
court.

As respects a parliamentary election petition, the proper officer of the
[Court of Appeal] shall certify to the Speaker the decision of the court in
reference to the special case.

As respects a local election petition, a statement of the decision on the
special case shall be sent by the proper officer of the [Court of Appeal] to
the Minister and shall also be certified by that officer to the... clerk of
the authority for which the election was held.

(4) Any decision of the [Court of Appeal] on a case stated under sub-section
(1) shall be final.

Subs.(5) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

© 1962 Crown Copyright

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