Page:Foreign Interference (Countermeasures) Act 2021.pdf/185

Rh : opportunity of being heard, make such order for allowing an authorised excuse for the failure to give that declaration or for the false statement in that declaration (as the case may be) as the Judge considers just.
 * (2) The order under subsection (1) may make the allowance conditional upon the making of the declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) seems best calculated for carrying into effect the objects of this Act.
 * (3) An order under subsection (1) allowing an authorised excuse relieves the candidate applying for the order from any liability or consequences under this Act in respect of the matter excused by the order.
 * (4) Where it is proved by the candidate to the Election Judge or a Judge sitting in the General Division of the High Court (as the case may be) that—
 * (a) any act or omission of the candidate’s election agent in relation to the conduct of election activity for the purpose of procuring the electoral success of the candidate, or the group of candidates of whom the candidate is part, was without the sanction or connivance of the candidate; and
 * (b) the candidate took all reasonable means for preventing the act or omission,
 * the Judge must relieve the candidate from the consequences of the act or omission on the part of the candidate’s election agent.
 * (5) The date of an order under subsection (1) or, if conditions and terms are to be complied with, the date at which the applicant fully complies with them is referred to in this Act as the date of the allowance of the excuse.”.

(8) Section 77 of the Presidential Elections Act 1991 is amended—
 * (a) by inserting, immediately after paragraph (a) of subsection (3), the following paragraph: