Power to except innocent act from being illegal practice, payment, employment or hiringU.K.
167 Application for relief.U.K.
(1)An application for relief under this section may be made to the High Court or an election court or else, if in respect of a payment made in contravention of section 78(1) or (2) above, or of paragraph 1 of Schedule 4 to this Act, to a county court.
[F1(1A)Where a person makes an application under this section he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or representative may attend the hearing of the application and make representations at the hearing in respect of it.]
(2)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 section by reason of being in contravention of this Act be an illegal practice, payment, employment or hiring,
(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 in the constituency or, as the case may be, the area of the authority for which the election was held, as to 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 Act 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 Act making it an illegal practice, payment, employment or hiring and upon the making of the order no person shall be subject to any of the consequences under this Act of that act or omission.
(3)In relation to an election of councillors in Scotland, the references in subsection (1) to applications to the High Court or a county court shall be omitted.
(4)Except in Scotland, the jurisdiction vested by the above provisions of this section in the High Court in matters relating to parliamentary elections shall, subject to rules of court, be exercised by—
(a)one of the judges for the time being on the rota for the trial of parliamentary election petitions,
(b)in Northern Ireland, one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the M1Judicature (Northern Ireland) Act 1978,
sitting either in court or at chambers but shall not be exercisable by a master.
(5)The jurisdiction vested by this section in a county court may, except in Northern Ireland, be exercised otherwise than in open court, and, in Northern Ireland, shall be exercised in accordance with rules of court.
An appeal lies to the High Court from any order of a county court made under this section.
Textual Amendments
F1S. 167(1A) inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 56
Modifications etc. (not altering text)
C1S. 167 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
C2S. 167 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C3S. 167 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1
S. 167 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2
C4S. 167 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 1
C5S. 167 applied (with modifications) (11.3.1999) by S.I. 1999/787, art. 85(1)-(3), Sch. 6 Pts. I II
Marginal Citations