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The National Assembly for Wales (Representation of the People) Order 1999

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Disputed claims

52.—(1) If—

(a)an election agent,

(b)a registered nominating officer of a registered political party, or

(c)any other person in accordance with arrangements for which the registered nominating officer is responsible,

disputes any claim sent in within the period of 21 days mentioned in article 51(1) or (2) or refuses or fails to pay the claim within the period of 28 days mentioned in article 51(3) the claim shall be deemed to be a disputed claim.

(2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court and any sum paid by an individual candidate or any or all of a group of party list candidates, or such other person as is mentioned in paragraph (1)(a), (b) or (c), in pursuance of the judgement or order of the court shall not be deemed to be in contravention of article 38(1), 39(1) and (2), 40(1) and (2) (as the case may be) or 51(3).

(3) If the defendant in the action admits his liability but disputes the amount of the claim, that amount shall, unless the court on the plaintiff’s application otherwise directs, be forthwith be referred for taxation—

(a)to a circuit judge nominated under section 68(1)(a) of the Supreme Court Act 1981(1), or

(b)to the master, registrar or other proper officer of the court,

and the amount found due on the taxation shall be the amount to be recovered in the action in respect of the claim.

(4) Article 51(7) and (9), or (8) and (10), and (11) to (13) applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.

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