C4C5C6C7C8C11C14C15C16 Part III Legal Proceedings
Pt. 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
Pt. 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
Pt. 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
Pt. 3 (ss. 120-186) applied (S.) (12.10.2009) by The Health Board Elections (Scotland) Regulations 2009 (S.S.I. 2009/352), reg. 6
Pt. 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
Pt. 3 applied (with modifications) (E.W.) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), arts. 1, 7
Pts. 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)
Pt. 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))
Questioning of a parliamentary election
C1C2C3C9C10C13C12123 Constitution of election court and place of trial.
1
A parliamentary election petition shall be tried by—
a
two judges on the rota for the trial of parliamentary election petitions, and the judges for the time being on that rota shall, unless they otherwise agree, try the election petitions standing for trial according to their seniority,
b
in Northern Ireland, the two judges of the High Court or the Court of Appeal for the time being selected under section 108 of the Judicature (Northern Ireland) Act 1978,
and the judges presiding at the trial of a parliamentary election petition are hereinafter referred to as the election court.
2
The election court has, subject to the provisions of this Act, the same powers, jurisdiction and authority as a judge of the High Court (or, in Scotland, a judge of the Court of Session presiding at the trial of a civil cause without a jury) and shall be a court of record.
3
The place of trial shall be within the constituency for which the election was held, but—
a
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; and
b
if that constituency is wholly or partly in Greater London, the petition may be heard at such place within Greater London as the High Court may appoint.
4
The election court may adjourn the trial from one place to another within the constituency.
Pt. 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