- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Electoral Law Act (Northern Ireland) 1962. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Commencement Orders bringing legislation that affects this Act into force:
(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
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.