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Northern Ireland (Elections) Act 1998

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This is the original version (as it was originally enacted).

5Disqualification: judicial proceedings

(1)Any person who claims that a person purporting to be a member of the Assembly—

(a)is disqualified, or

(b)was disqualified when, or at any time since, he was returned,

may apply to the High Court of Justice in Northern Ireland for a declaration to that effect.

(2)On an application—

(a)the person in respect of whom the application is made shall be the respondent,

(b)the applicant shall give such security for costs, not exceeding £5,000, as the court may direct, and

(c)the decision of the court shall be final.

(3)A declaration made in accordance with this section shall be certified in writing to the Secretary of State by the court.

(4)No declaration shall be made in respect of any person on grounds which subsisted when he was elected if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue.

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