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Version Superseded: 31/12/2020
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Political Parties, Elections and Referendums Act 2000, Cross Heading: Proceedings under paragraphs 5 and 12 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Sch. 7A inserted (11.9.2006 for E.W.S. for specified purposes except for the insertion of Sch. 7A para. 16, 1.7.2008 for N.I. for specified purposes, 1.7.2009 for the insertion of Sch. 7A para. 16 for specified purposes, 4.5.2016 for the insertion of Sch. 7A para. 16 for specified purposes) by Electoral Administration Act 2006 (c. 22), ss. 61(7), 77(2), Sch. 1 para 99; S.I. 2006/1972, art. 3, Sch. 1 paras. 20(a), 25(m)(i) (subject to art. 4, Sch. 2) (as amended by S.I. 2006/2268, art. 4); S.I. 2008/1656, arts. 2 (subject to art. 3, Sch. 1); S.I. 2009/1509, art. 2(b) (with art. 3); S.I. 2016/551, art. 2(b) (with art. 3)
17(1)This paragraph has effect in relation to proceedings on applications under paragraphs 5(4) and 12(4).U.K.
(2)The court is—
(a)in England and Wales, the county court;
(b)in Scotland, the sheriff, and the proceedings are civil proceedings;
(c)in Northern Ireland, the county court.
[F2(d)in Gibraltar, the Gibraltar Court.]
(3)The standard of proof is that applicable to civil proceedings.
(4)An order may be made whether or not proceedings are brought against any person for an offence under paragraph 8 or 12(1) or (2).
(5)An appeal against an order made by the sheriff may be made to the Court of Session.
(6)Rules of court [F3in any part of the United Kingdom] may make provision—
(a)with respect to applications or appeals from proceedings on such applications;
(b)for the giving of notice of such applications or appeals to persons affected;
(c)for the joinder, or in Scotland sisting, of such persons as parties;
(d)generally with respect to procedure in such applications or appeals.
(7)Sub-paragraph (6) does not affect any existing power to make rules.]
Textual Amendments
F2Sch. 7A para. 17(2)(d) inserted (30.1.2009) by The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 18(4)(a)
F3Words in Sch. 7A para. 17(6) inserted (30.1.2009) by The European Parliamentary Elections (Loans and Related Transactions and Miscellaneous Provisions) (United Kingdom and Gibraltar) Order 2009 (S.I. 2009/185), arts. 1(2), 2(2), Sch. para. 18(4)(b)
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