OpenLegislation

Article 107 Further provision as to costsI1

England and Wales

(1)

The election court may, subject to paragraph (2), make an order as to the whole or part of the costs in connection with the trial of a Senedd election petition when it appears—

(a)

that a corrupt practice has not been proved to have been committed in relation to a Senedd election by or with the knowledge and consent of the respondent to the petition, and

(b)

the respondent took all reasonable steps to prevent corrupt practices being committed on the respondent’s behalf.

(2)

If it is proved that any person or persons, whether by providing money or otherwise, have been extensively engaged in corrupt practices, or have encouraged or promoted extensive corrupt practices in relation to the Senedd election, the court may—

(a)

order the whole or part of the costs to be paid by that person or persons, and

(b)

order that, if the costs cannot be recovered from one or more of those persons, the costs must be paid by some other of those persons or either of the parties to the petition.

(3)

Where paragraph (2) applies, a person must be given the opportunity to show cause as to why the costs order should not be made by—

(a)

being legally represented, and

(b)

examining and cross-examining witnesses.

(4)

Where any person appears to the election court to have been guilty of a corrupt or illegal practice, the court may order the whole or any part of the costs relating to any proceedings before the court in relation to that offence or to that person, be paid by that person as directed by the court.

(5)

Where paragraph (4) applies, a person must be given the opportunity of making a statement to show why the order should not be made.

Annotations

Commencement

I1

Art. 107 in force at 18.7.2025, see art. 1(2)