OpenLegislation

Section 56 Taxation of returning officer's accountI1C1

England and Wales

(1)

Any application under section 55(7) for a returning officer's account to be taxed is to be made to the county court.

(2)

On any such application the court has jurisdiction—

(a)

to tax the account—

(i)

in such manner, and

(ii)

at such time and place,

as the court thinks fit, and

(b)

finally to determine the amount payable to the returning officer.

(3)

On any such application the returning officer may apply to the court to examine any claim made by any person against the officer in respect of matters charged in the account.

(4)

Where an application is made in respect of a claim under subsection (3)—

(a)

notice of the application must be given to the claimant;

(b)

the court must give the claimant an opportunity to be heard and to tender any evidence;

(c)

the court may allow or disallow the claim, with or without costs;

(d)

the determination of the court is final for all purposes and as against all persons.

(5)

In this section “returning officer” has the same meaning as in section 55.

Annotations

Modifications

C1

Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)

Commencement

I1

S. 56 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)

Notes on Part 1

Modifications

C1

Pt. 1 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1) (with art. 35(3), Sch. 6)