Referendum Act, 1994

Costs of referendum petition.

53.—(1) All costs, other than the costs of counting votes afresh under section 47 or retaking the referendum in a constituency under section 48 , of and incidental to a referendum petition shall be in the discretion of the court which shall have power to order the costs or any part of the costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of any such party are so ordered to be paid by the petitioner, the court shall, where necessary, make provision for the payment of those costs, to the extent of the amount named in the security given by the petitioner, out of or by means of such security.

(2) Without prejudice to subsection (1), where, on the trial of a referendum petition, it appears to the court that any person committed an electoral offence in relation to the relevant referendum, the court may, after giving the person an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under section 47 or retaking the referendum in a constituency under section 48 to be paid by that person.