Representation of the People Act 1983

156 Further provision as to costs

(1) Where upon the trial of an election petition it appears to the election court—

(a) that a corrupt practice has not been proved to have been committed in reference to the election by or with the knowledge and consent of the respondent to the petition, and

(b) that the respondent took all reasonable means to prevent corrupt practices being committed on his behalf,

the court may make one or more orders with respect to the payment either of the whole or such part of the costs of the petition as the court think right as provided by subsection (2) or subsection (5) below.

(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—

(a) in the case of a parliamentary election, by the constituency for which the election was held ; and

(b) in the case of an election under the local government Act, by the authority for which the election was held.

(3) The Treasury shall—

(a) pay any costs ordered to be paid by a constituency under subsection (2) above, and

(b) obtain repayment of the amount so paid from the authority liable to pay registration expenses for that constituency,

but that authority shall be entitled to the like contribution, if any, from any other local authority, and any such contribution shall be paid in like manner as if those costs were registration expenses, and the Treasury may recover any advance so made by deduction from any sums payable under Part I of this Act to that authority or in any other manner.

In relation to Northern Ireland the reference to the authority liable to pay registration expenses shall be taken as a reference to the district council for the district in which the constituency is wholly or partly situated and, where more than one council is concerned, those costs shall be paid by them in such proportion as the Secretary of State may direct.

(4) Where under subsection (3) above the Treasury pay any costs ordered to be paid by a constituency which is situated—

(a) partly in one district or London borough and partly in another, or

(b) partly in a London borough and partly in the City and the Inner Temple and the Middle Temple,

the authority from which the Treasury are to obtain repayment of the amount under this section shall be the authority which appointed the registration officer who is acting returning officer for the constituency, and such contributions shall be made to that authority by any other local authority as the Secretary of State may direct.

(5) If it appears to the court that any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged 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—

(a) order the whole or part of the costs to be paid by that person, or those persons or any of them, and

(b) 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.

(6) 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 that offence or to that person to be paid by that person to such person or persons as the court may direct.