European Parliament Elections Act 1997
Counting of votes afresh.
134. (1) The court may, for the purposes of the trial of a petition questioning a European election, if it thinks fit, order—
(a) that all the votes cast at the election in the constituency to which the petition relates shall be counted afresh, or
(b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted,
and where the court so orders, the provisions of the following paragraphs shall have effect.
(2) Votes to which an order under this rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3) and (4) and to such modifications (if any) as the court considers necessary, the provisions of Part XI relating to the counting of votes at an election shall apply to such counting.
(3) Where votes are counted afresh pursuant to an order under this rule, the court shall cause the following to be disregarded:
(a) preferences recorded on ballot papers which are invalid by virtue of rule 82(2),
(b) preferences recorded on forged or counterfeited ballot papers, and
(c) preferences recorded for any person who, with respect to the relevant European election, is found by the court not to have been eligible for election under this Act to the Parliament.
(4) The court shall have power to reverse any decision of the returning officer at the original count.
(5) The costs of giving effect to an order under this rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 18 shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant European election.
Annotations
Modifications (not altering text):
C27
Functions transferred and references to Minister for and Department of Finance construed as Minister for and Department of Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
Schedule 1
Enactments
Part 1
Pre 1922 Enactments
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No. 2 of 1997 |
Sections 13(A)(4), 18(3) and (4) and 20(7); Second Schedule, Part I, rule 9(4), Part XV, rules 134(5) and 144(2) and (5) |
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