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Representation of the People Act 1983
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Version Superseded: 14/12/1999
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130 Election court for local election in England and Wales, and place of trial.U.K.
(1)A petition questioning an election in England and Wales under the local government Act shall be tried by an election court consisting of a [F1person] qualified and appointed as provided by this section.
(2)A [F2person] shall not be qualified to constitute an election court—
[F3(a)unless he has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or]
(b)if the court is for the trial of an election petition relating to any local government area—
(i)in which he resides; or
[F4(ii)in which he practises.]
(3)The judges for the time being on the rota for the trial of parliamentary election petitions, or any two of those judges—
(a)may annually appoint as many [F5qualified persons], not exceeding five, as they may think necessary as commissioners for the trial of petitions questioning elections in England and Wales under the local government Act; and
(b)shall from time to time assign the petitions to be tried by each commissioner.
(4)If the commissioner to whom the trial of a petition is assigned dies, or declines to act or becomes incapable of acting, those judges or two of them may assign the trial to be conducted or continued by any other of the commissioners appointed under this section.
(5)The election court has for the purposes of the trial the same powers and privileges as a judge on the trial of a parliamentary election petition.
(6)The place of trial shall be within the area of the authority for which the election was held, except that the High Court may, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial.
(7)The election court may in its discretion adjourn the trial from one place to another within the local government area or place where it is held.
Textual Amendments
F1Word substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(1)
F2Word substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(2)(a)
F3S. 130(2)(a) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(2)(b)
F4S. 130(2)(b)(ii) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(2)(c)
F5Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(3)
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