Modifications etc. (not altering text)
C1Pt. 3 applied (with modifications) (E.W.) by S.I. 1987/1, rules 2, 6 and S.I. 1986/2215, rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule1(4), Sch. 1)
Pt. 3 applied (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 11(2)
Pt. 3 extended (28.4.1999) by S.I. 1999/1214 reg. 5(3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)
Pt. 3 extended (9.4.2001) by S.I. 2001/1184 reg. 7(2)
Pt. 3 extended (E.W.) (1.2.2002) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185), reg. 6
C2Pt. 3: power to apply conferred (S.) (14.9.2006) by Local Governance (Scotland) Act 2004 (asp 9), ss. 3(4), 17(2); S.S.I. 2006/470, art. 2
C3Pt. 3 modified (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rule 1(2)(3), 6
C4Pt. 3 applied in part (with modifications) (S.) (17.2.2007 except for specified purposes) by The Scottish Local Government Elections Order 2007 (S.S.I. 2007/42), art. 4
C5Pt. 3 (ss. 120-186) applied (S.) (12.10.2009) by The Health Board Elections (Scotland) Regulations 2009 (S.S.I. 2009/352), reg. 6
C6Pt. 3 applied in part (10.11.2011 except for the purposes of any election to be held on or before 2.5.2012) by The Scottish Local Government Elections Order 2011 (S.S.I. 2011/399), arts. 1(1), 4
C7Pt. 3 applied (with modifications) (E.W.) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), arts. 1, 7
C8Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)
C9Pt. 3 applied (with modifications) (4.3.2016) by The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295), reg. 1, Sch. 4 Pt. 1 (with Sch. 4 para. 2) (as amended (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 10(23))
(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 satisfies the judicial-appointment eligibility condition on a 7-year basis; or]
(b)if the court is for the trial of an election petition relating to any local government [F4area in which he resides.]
(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 (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 14; S.I. 2008/1653, art. 2 (with arts. 3, 4)
F4Words in s. 130(2)(b) substituted (16.2.2001) by 2000 c. 41, s. 137, Sch. 17 para. 2 (with s.156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II)
F5Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(3)
Modifications etc. (not altering text)
C10S. 130 applied (with modifications) (2.4.2001) by The Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298), reg. 19(8), Sch. 6
S. 130 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 15(8), Sch. 5 (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)
S. 130 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), reg. 15, Sch. 6
C11S. 130 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 11, Sch. 5
C12S. 130 applied (with modifications) (E.W.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 6
C13S. 130 applied (with modifications) (E.W.S.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 6 (with reg. 27)
C14S. 130 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 50(6), Sch. 9 para. 1(5)