Electoral Law Act (Northern Ireland) 1962

92 Further provision as to costs of petition. N.I.

(1) Where upon the trial of an election petition it appears to the election court that a corrupt practice in reference to the election has not been proved to have been committed by or with the knowledge and consent of the respondent to the petition, and that the respondent took all reasonable means to prevent corrupt practices being committed on his behalf, the court may make an order or orders with respect to the payment either of the whole or such part of the costs of the petition as the court may think right as provided by sub-section (2) or (4).[F1 In respect of a petition relating to a local election, this subsection shall have effect as if the reference to subsection (2) were omitted.]

(2) If it appears to the court that corrupt practices extensively prevailed in reference to the election, the court may order the whole or part of the costs to be paid, in relation to a parliamentary election, by the constituency for which the election was held,F1 . . . .

(3) The Ministry of FinanceF2 shall pay any costs ordered to be paid by a constituency under sub-section (2) and shall obtain re-payment of the amount so paid from the [F3 district council] in which the constituency is wholly or partly situate; and where more than one council is concerned the said amount shall be repaid by the councils concerned in such proportions as the Ministry of FinanceF2 shall direct. Any amount payable under this sub-section—

Para.(a) rep. by 1972 NI 13

(b) by [F3 a district council], shall be paid out of the rate or fund out of which the general expenses of the council are paid;

and if not paid shall be recoverable summarily as a civil debt due to the Ministry of FinanceF2 .

(4) If it appears to the court that any person or persons is or are proved to have been extensively engaged (whether by providing money or otherwise) in corrupt practices, or to have encouraged or promoted extensive corrupt practices in reference to the election, the court may, after giving that person or those persons an opportunity of being heard by counsel or solicitor and examining and cross-examining witnesses to show cause why the order should not be made, order the whole or part of the costs to be paid by that person, or those persons or any of them, and may order that if the costs cannot be recovered from one or more of those persons they shall be paid by some other of those persons or by either of the parties to the petition.

(5) Where any person appears to the court to have been guilty of a corrupt or illegal practice, the court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceeding before the court in relation to the said offence or to the said person to be paid by the said person to such person or persons as the court may direct.

F1 SI 1987/168

F2 Now Treasury, SI 1973/2163

F3 1972 NI 13