ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 92 Further provision as to costs of petition.

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 92

Further provision as to costs of petition.

92.(1) Where upon the trial of an election petition it appears to the
election court that a corrupt practice in reference to the election has not
been proved to have been committed by or with the knowledge and consent of the
respondent to the petition, and that the respondent took all reasonable means
to prevent corrupt practices being committed on his behalf, the court may make
an order or orders with respect to the payment either of the whole or such
part of the costs of the petition as the court may think right as provided by
sub-section (2) or (4).

(2) If it appears to the court that corrupt practices extensively prevailed in
reference to the election, the court may order the whole or part of the costs
to be paid, in relation to a parliamentary election, by the constituency for
which the election was held, and, in relation to a local election, by the
local authority for which the election was held.

(3) The Ministry of Finance shall pay any costs ordered to be paid by a
constituency under sub-section (2) and shall obtain re-payment of the amount
so paid from the [district council] in which the constituency is wholly or
partly situate; and where more than one council is concerned the said amount
shall be repaid by the councils concerned in such proportions as the Ministry
of Finance shall direct. Any amount payable under this sub-section

Para.(a) rep. by 1972 NI 13 art.18 sch.3

(b)by [a district council], shall be paid out of the rate or fund out of which
the general expenses of the council are paid;

(4) If it appears to the court that any person or persons is or are proved to
have been extensively engaged (whether by providing money or otherwise) in
corrupt practices, or to have encouraged or promoted extensive corrupt
practices in reference to the election, the court may, after giving that
person or those persons an opportunity of being heard by counsel or solicitor
and examining and cross-examining witnesses to show cause why the order should
not be made, order the whole or part of the costs to be paid by that person,
or those persons or any of them, and may order that if the costs cannot be
recovered from one or more of those persons they shall be paid by some other
of those persons or by either of the parties to the petition.

(5) Where any person appears to the court to have been guilty of a corrupt or
illegal practice, the court may, after giving that person an opportunity of
making a statement to show why the order should not be made, order the whole
or any part of the costs of or incidental to any proceeding before the court
in relation to the said offence or to the said person to be paid by the said
person to such person or persons as the court may direct.

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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 92