The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Application for relief

21.—(1) An application for relief under this paragraph may be made to the High Court.

(2) Where a person makes an application under this paragraph that person must notify the Director of Public Prosecutions of the application and the Director or the Director’s assistant or representative may attend the hearing of the application and make representations at the hearing in respect of it.

(3) If it is shown to the court by such evidence as to the court seems sufficient —

(a) that any act or omission of any person would, apart from this paragraph, by reason of being in contravention of this Schedule be an illegal practice, payment or employment;

(b) that the act or omission arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith; and

(c) that such notice of the application has been given as the court seems fit,

and under the circumstances it seems to the court to be just that either that or any other person should not be subject to any of the consequences under this Schedule of the act or omission, the court may make an order allowing the act or omission to be an exception from the provisions of this Schedule making it an illegal practice, payment or employment and upon the making of the order no person is to be subject to any of the consequences under this Schedule of that act or omission.