Article 120 Application for reliefI1

England and Wales

(1)

An application for relief under this article may be made to—

(a)

the High Court,

(b)

an election court, or

(c)

a county court when in relation to a payment made in contravention of article 51(1) or (2) (time for sending in and paying claims).

(2)

An applicant must notify the Director of Public Prosecutions of the application.

(3)

The Director of Public Prosecutions, or an assistant or representative of the Director may attend the hearing and make representations in respect of the application.

(4)

The court may make an order to exempt an act or omission that would otherwise, under the provisions of this Order, be an illegal practice, payment, employment or hiring, if—

(a)

there is sufficient evidence that—

(i)

the act or omission by any person would, if not for this article, be an illegal practice, payment, employment or hiring,

(ii)

the act or omission that arose was unintentional or inadvertent, and in any case did not arise in bad faith, and

(iii)

notice of the application has been given, as to the court seems fit, in the Senedd constituency for which the election was held, and

(b)

it seems to the court to be just, under the circumstances, that no person should be subject to any of the consequences under this Order for the act or omission.

(5)

When the court grants an order under paragraph (4), no person will be subject to any consequences under this Order for the act or omission.

Annotations

Commencement

I1: Art. 120 in force at 18.7.2025, see art. 1(2)