Civil List Act 1979

  • repealed
  • Civil List Act 1979: repealed, on 16 December 2013, by section 64 of the Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93).
19 Questioned elections of members of Parliament
  • (1) Where, at the conclusion of the trial of an election petition, the High Court or the Court of Appeal determines that a person elected or returned was not duly elected or returned or that the election at which that person was elected or returned was void, the salary and allowance to which that person would have been entitled if that person had been duly elected and returned as a member of Parliament shall be paid to that person, in respect of the period commencing on the day after polling day and ending with the earlier of the following days:

    • (a) the day on which the House of Representatives, pursuant to section 246(2) of the Electoral Act 1993, gives directions for the altering of the return:

    • (b) the day on which the seat becomes vacant, by death or otherwise.

    (2) Where, at the conclusion of the trial of an election petition, the High Court or the Court of Appeal determines that a person, other than the person who was elected or returned, was duly elected and the return, in accordance with directions given under section 246(2) of the Electoral Act 1993 is altered to carry out that determination, the salary and allowance to which the person declared elected pursuant to the altered writ or return would have been entitled if that person's name had been endorsed on the writ or return when it was first returned shall, notwithstanding anything in subsection (1), be paid to that person.

    (3) In this section the expression polling day has the meaning assigned to that term by section 18(5).

    Section 19: substituted, on 1 July 1994, by section 272 of the Electoral Act 1993 (1993 No 87).