HL Deb 16 November 1933 vol 89 cc429-30

Clause 72, page 43, line 34. at end insert: ("(5) The High Court may order that tae costs of any person of proceedings under paragraph (a) of subsection (2) of this section shall be paid by the council of the county or borough concerned").

THE LORD CHANCELLOR

My Lords, Clause 72 (2) provides that in the event of a failure to elect the chairman or a member of a county or borough council, the High Court may order an election to be held. This is the existing law, and when proceedings are taken (though this is a comparatively rare event) their object is usually to clear up some genuine doubt in the interpretation of the law. In such cases, it is reasonable that the expenses both of the person who initiates the proceedings find of the respondent should be treated as forming part of the election expenses. The Amendment enables this to be done if the Court so directs. The only question is to give the High Court certain power as to costs. It is doubtful, under the existing law, whether such a direction can be given unless the council themselves consent. The Amendment clears up this doubt.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)

On Question, Motion agreed to.