Electoral Law Act (Northern Ireland) 1962

72 Election courts. N.I.

(1) Election courts for the trial in accordance with this Part of petitions relating to parliamentary and local elections shall be constituted in accordance with this section.

F1 [(2) An election court for the trial of petitions relating to parliamentary elections (in this Act referred to as a parliamentary election court) shall consist of the two judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978 [1978 c.23] .]

(3) An election court for the trial of petitions relating to local elections (in this Act referred to as a local election court) shall consist of a barrister-at-law of not less than ten years' standing in practice, not being a person who—

(a) is a member of either House of Parliament;

(b) holds any office or place of profit under the Crown; or

(c) resides within or is registered as a local elector for the local government electoral area (or where the area is the [F2 City] of Belfast, resides within or is registered as a local elector for the[F3 district electoral area]) to which the petition relates;

and the judges of theF4 Supreme Court or a majority of them may from time to time appoint as many barristers-at-law, not exceeding five, as they may think necessary for the trial of local election petitions, and shall assign petitions to each such barrister in rotation; and where a barrister to whom a petition has been assigned dies or declines to act or becomes incapable of acting the said judges may assign the trial to be conducted or continued by any other barrister so appointed.

Subs.(4) rep. by 1978 c.23

(5) The provisions of the Eighth Schedule shall have effect in relation to election courts.

Subs.(6) repeals s.11 (pt.) of 1868 c.125; s.43 of 1877 c.57; 1879 c.75; s.42 of 1883 c.51

F1 1978 c.23

F2 1972 NI 13

F3 SI 1985/454

F4 prosp. subst. by 2005 c. 4