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Representation of the People Act 1983

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This is the original version (as it was originally enacted).

79Disputed claims

(1)If the election agent disputes any claim sent in to him within the period of 14 days mentioned in section 78 above or refuses or fails to pay the claim within the period of 28 days so mentioned, the claim shall be deemed to be a disputed claim.

(2)The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court, and any sum paid by the candidate or his agent in pursuance of the judgment or order of the court shall not be deemed to be in contravention of section 73(1) above or of section 78(2).

(3)If the defendant in the action admits his liability but disputes the amount of the claim, that amount shall, unless the court on the plaintiff's application otherwise directs, be forthwith referred for taxation—

(a)to a Circuit judge nominated under subsection (1)(a) of section 68 of the [1981 c. 54.] Supreme Court Act 1981, or

(b)to the master, registrar or other proper officer of the court,

and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

(4)Subsections (4) to (7) of section 78 apply in relation to a disputed claim as they apply in relation to a claim for election expenses sent in after that period of 14 days.

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