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Electoral Law Act (Northern Ireland) 1962

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97Disciplinary action on report of corrupt practice.N.I.

(1)Where a justice of the peace is reported by an election court to have been guilty of any corrupt practice in reference to an election, whether he has obtained a certificate of indemnity or not, it shall be the duty ofF1 [F2 the Director of Public Prosecutions for Northern Ireland] to report the case to the Governor with such evidence as may have been given of the corrupt practice.

(2)Where a barrister-at-law, solicitor or any person who belongs to any profession the admission to which is regulated by law is reported by an election court to have been guilty of any corrupt practice in reference to an election, whether he has obtained a certificate of indemnity or not, it shall be the duty ofF1 [F2 the Director of Public Prosecutions for Northern Ireland] to bring the matter before the Inn of Court, the Incorporated Law Society of Northern Ireland or tribunal having power to take cognizance of any misconduct of the person in his profession; and such body or tribunal may deal with him as if the corrupt practice were misconduct by him in his profession.

(3)If it appears to an election court that a person holding a licence or certificate under the Licensing Acts (Northern Ireland) has knowingly suffered any bribery or treating in reference to any election to take place upon his licensed premises,—

(a)the court shall, after affording him such rights as are conferred on those about to be reported under sub-section (1) of section ninety-six, report the fact; and

(b)whether that person has obtained a certificate of indemnity or not, it shall be the duty of [F2 the Director of Public Prosecutions for Northern Ireland] to bring the report before the licensing court from whom, or on whose certificate, that person obtained his licence; and

(c)the licensing court shall cause the report to be entered in the proper register of licences, and on any application for the renewal of the licence or certificate the licensing court shall take the entry into consideration and may make it a ground for refusing the application.

[F3(4)In respect of the report of an election court at the trial of a local election petition, subsections (1), (2) and (3) shall have effect as if for the words from whether to for Northern Ireland to, in each place where those words occur, there were substituted the court shall.]

F1continue to am. 2002 c. 26

F21972 NI 1

F3SI 1987/168

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