- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/07/2001)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 06/04/2014
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Representation of the People Act 1983, Section 48 is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)No local government election shall be declared invalid by reason of any act or omission of the returning officer or any other person in breach of his official duty in connection with the election or otherwise of rules under section 36 or section 42 above if it appears to the tribunal having cognizance of the question that—
(a)the election was so conducted as to be substantially in accordance with the law as to elections; and
(b)the act or omission did not affect its result.
(2)A local government election, unless questioned by an election petition within the period fixed by law for those proceedings, shall be deemed to have been to all intents a good and valid election.
(3)The council which is required to pay the expenses properly incurred by a returning officer in relation to any local government election may treat those expenses as including all costs properly incurred by the returning officer in connection with or in contemplation of any legal proceedings arising out of the election (including any criminal proceedings against the returning officer), whether or not the proceedings are in fact instituted.
[F1(3A)In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.]
(4)In Scotland the election of a member of a local authority shall not be affected by reason only of any nullity or irregularity in the election of any other member of the authority.
Textual Amendments
F1S. 48(3A) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 9 (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2
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