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Electoral Law Act (Northern Ireland) 1962

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61Return or disposal of deposit.N.I.

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

(a)withdraws in accordance with the Parliamentary Elections RulesF1. . . , 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;

and paragraph ( a) shall apply to a candidate whose nomination paper is determined to be invalid in like manner as it applies to a candidate who withdraws.

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

Para.(a) rep. by 1968 c.20 (NI)

(b )F2in any …F3 election, the number of votes given to him does not exceed one-eighth of the total number of votes polled;

and in any other case the deposit shall be returned to the person by whom it was made.

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;

Para. (b) rep. by SI 1985/454

the deposit shall be returned to the candidate or other person by whom it was made; and until such oath has been taken or declaration made, as the case may be, the returning officer shall retain the deposit.

(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;

shall pay the deposit to the applicant as soon as may be.

(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;

Para. (b) rep. by SI 1985/454

and a deposit so retained shall be forfeited as from the date of such dissolution or, as the case may be, on the expiration of such period.

(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;

shall by order declare accordingly; and the returning officer shall thereupon pay the deposit to the applicant after deducting therefrom such costs as the court may order to be so deducted. The costs of such an application shall be in the discretion of the court.

(8)A deposit forfeited under this section—

Para.(a) rep. by 1968 c.20 (NI)

(b)in relation to an election in any…F3 constituency, shall be remitted by the returning officer to the Ministry of FinanceF4 and paid into the Exchequer;

Para. (c) rep. by SI 1985/454

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F1SI 1985/454

F2Mod. (local elections), SI 1977/428

F4Now Treasury, SI 1973/2163

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