Electoral Law Act (Northern Ireland) 1962

83 Special case for determination of Court of Appeal. N.I.

(1) If, on the application of any party to a petition made in the prescribed manner to the High Court, it appears to the High Court that the case raised by the petition can be conveniently stated as a special case, the High Court may direct it to be stated accordingly.

(2) If it appears to the election court on the trial of an election petition that any question of law as to the admissibility of evidence or otherwise requires further consideration by the [F1 Court of Appeal], the election court may postpone the granting of a certificate until the question has been determined by the [F1 Court of Appeal], and for this purpose may reserve the question by stating a case for the decision of the [F1 Court of Appeal].

(3) A special case under sub-section (1) or sub-section (2) shall be stated to and heard and determined by the [F1 Court of Appeal] in accordance with rules of court.

As respects a parliamentary election petition, the proper officer of the [F1 Court of Appeal] shall certify to the Speaker the decision of the court in reference to the special case.

As respects a local election petition, a statement of the decision on the special case shall be sent by the proper officer of the [F1 Court of Appeal] to the Minister and shall also be certified by that officer to the…F2 clerk of the authority for which the election was held.

(4) Any decision of the [F1 Court of Appeal] on a case stated under sub-section (1) shall be final.

Subs.(5) rep. by 1978 c.23

F1 1978 c.23

F2 1972 NI 13