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European Parliamentary Elections Act 2002

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This is the original version (as it was originally enacted).

11Judicial determination of disqualification

(1)Any person may apply to the appropriate court for a declaration or (in Scotland) declarator that a person who purports to be an MEP for a particular electoral region—

(a)is disqualified under section 10 (whether generally or for that region), or

(b)was so disqualified at the time when, or at some time since, he was returned as an MEP under section 2, 3 or 5.

(2)For the purposes of subsection (1), the appropriate court is—

(a)the High Court, if the electoral region concerned is in England, or is Wales,

(b)the Court of Session, if the electoral region concerned is Scotland, or

(c)the High Court of Justice in Northern Ireland, if the electoral region concerned is Northern Ireland.

(3)The decision of the court on an application under this section is final.

(4)On an application under this section—

(a)the person in respect of whom the application is made is to be the respondent or (in Scotland) the defender, and

(b)the applicant must give such security for the costs or expenses of the proceedings, not exceeding £5000, as the court may direct.

(5)The Secretary of State may by order substitute another figure for the figure in subsection (4)(b).

(6)No declaration or declarator is to be made under this section in respect of any person on grounds which subsisted at the time of his election if there is pending, or has been tried, an election petition in which his disqualification on those grounds is, or was, in issue.

(7)Any declaration or declarator made by the court on an application under this section must be certified in writing to the Secretary of State immediately by the court.

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