Elections (Northern Ireland) Order 1996

Judicial proceedings as to disqualification under paragraph 17 of Part I of Schedule 1 to the 1996 Act

7.—(1) Any person who claims that a person purporting to be a delegate or a member of a team nominated under section 2(2) or (4) of the 1996 Act is disqualified for being on a constituency or regional list under paragraph 17 of Part I of Schedule 1 to the 1996 Act may apply to the High Court of Justice in Northern Ireland for a declaration to that effect, and the decision of the court on the declaration shall be final.

(2) On an application under this article the person in respect of whom the application is made shall be the respondent; and the applicant shall give security for the costs or expenses of the proceedings, not exceeding £2,500, as the court may direct.

(3) No declaration shall be made under this article in respect of any person on grounds which subsisted at the time when he was returned as a delegate if there is pending or has been tried, an election petition in which his disqualification on those grounds is, or was, in issue.

(4) Any declaration made by the court on an application under this article shall be certified in writing to the Chief Electoral Officer forthwith by the court.