Electoral Referendum Act 2010

  • repealed
  • Electoral Referendum Act 2010: repealed, on 11 June 2012 (being on the close of the day that is 6 months after the date on which the result of the referendum was declared), by section 5(1).
25 Jurisdiction of High Court
  • (1) A referendum petition under this subpart must be tried in open court without a jury.

    (2) The High Court may give leave for grounds other than those stated in the petition to be inquired into, on whatever terms and conditions that the court considers just.

    (3) Despite section 22(2), the court may, in its discretion, inquire into and adjudicate on any matter relevant to the petition including, in particular,—

    • (a) receiving evidence that the number of valid votes cast for an option, whether across all districts or in a particular district, was higher or lower than the number declared under section 20(1)(a) and (b):

    • (b) directing that there be a recount of some or all of the referendum votes.

    (4) At the conclusion of the trial of a petition, the court must either—

    • (a) determine and declare—

      • (i) the total number of valid votes recorded for each option in each of Parts A and B of the referendum voting paper; and

      • (ii) the total number of informal votes cast; or

    • (b) declare that the referendum is void because of an irregularity that, in the opinion of the court, materially affected the result of the referendum.