Section 71W Proceedings under sections 71I and 71SF1 F2 X1

United Kingdom

(1)

This section has effect in relation to proceedings on applications under sections 71I(4) and 71S(7).

(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.

F3(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 section 71L, 71S or 71T.

(5)

An appeal against an order made by the sheriff may be made to the Court of Session.

(6)

Rules of court F4... 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)

Subsection (6) does not affect any existing power to make rules.

Annotations

F1: Pt. 4A (ss. 71F-71X) inserted (11.9.2006 for E.W.S. for specified purposes, 1.1.2007 for N.I. for specified purposes, 1.7.2008 for N.I. for specified purposes, 15.9.2014 for N.I. in so far as not already in force) by Electoral Administration Act 2006 (c. 22), ss. 61(1), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 20(a) (subject to art. 4, Sch. 2) (as substituted by S.I. 2006/2268, art. 3); S.I. 2006/3412, art. 4 (subject to art. 6, Sch. 2); S.I. 2008/1656, art. 2 (subject to art. 3, Sch. 1); S.I. 2014/1809, art. 2
F2: Pt. 4A (ss. 71F-71Y) renumbered (1.7.2008) as Pt. 4A Ch. 1 by The Electoral Administration Act 2006 (Regulation of Loans etc: Northern Ireland) Order 2008 (S.I. 2008/1319), arts. 1(2), 3(1)
F3: S. 71W(2)(d) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
F4: Words in s. 71W(6) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

X1: The insertion of the new heading "Chapter 1" in Pt. 4A on 1.7.2008 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

C1: Pt. 4A modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 10(2); S.I. 2016/69, reg. 2
C2: Pt. 4A modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 28; S.I. 2016/69, reg. 2