Representation of the People Act 1983

130 Election court for local election in England and Wales, and place of trial. U.K.

(1) A petition questioning an election in England and Wales under the local government Act shall be tried by an election court consisting of a [F1 person] qualified and appointed as provided by this section.

(2) A [F2 person] shall not be qualified to constitute an election court—

[F3 (a) unless he satisfies the judicial-appointment eligibility condition on a 7-year basis; or]

(b) if the court is for the trial of an election petition relating to any local government [F4 area in which he resides.]

(3) The judges for the time being on the rota for the trial of parliamentary election petitions, or any two of those judges—

(a) may annually appoint as many [F5 qualified persons], not exceeding five, as they may think necessary as commissioners for the trial of petitions questioning elections in England and Wales under the local government Act; and

(b) shall from time to time assign the petitions to be tried by each commissioner.

(4) If the commissioner to whom the trial of a petition is assigned dies, or declines to act or becomes incapable of acting, those judges or two of them may assign the trial to be conducted or continued by any other of the commissioners appointed under this section.

(5) The election court has for the purposes of the trial the same powers and privileges as a judge on the trial of a parliamentary election petition.

(6) The place of trial shall be within the area of the authority for which the election was held, except that 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.

(7) The election court may in its discretion adjourn the trial from one place to another within the local government area or place where it is held.

Textual Amendments

F1 Word substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(1)

F2 Word substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(2)(a)

F3 S. 130(2)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 50, 148, Sch. 10 para. 14; S.I. 2008/1653, art. 2 (with arts. 3, 4)

F4 Words in s. 130(2)(b) substituted (16.2.2001) by 2000 c. 41, s. 137, Sch. 17 para. 2 (with s.156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (with Sch. 1 Pt. II)

F5 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 50(3)

Modifications etc. (not altering text)

C1 S. 130 applied (with modifications) (2.4.2001) by S.I. 2001/1298, reg. 19(8), Sch. 6

S. 130 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 15(8), Sch. 5 (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 130 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), reg. 15, Sch. 6

C2 S. 130 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 11, Sch. 5

C3 S. 130 applied (with modifications) (E.W.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 6

C4 S. 130 applied (with modifications) (E.W.S.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 6 (with reg. 27)

C5 S. 130 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 50(6), Sch. 9 para. 1(5)