Representation of the People Act 1983

[F1 148 Evidence required for withdrawal of petition. U.K.

(1) Before leave for the withdrawal of an election petition is granted, there shall be produced affidavits—

(a) by all the parties to the petition and their solicitors, and

(b) if the election was an election at which candidates are required to have election agents, by the election agents of all of those parties who were candidates at the election.

but the High Court may on cause shown dispense with the affidavit of any particular person if it seems to the court on special grounds just so to do.

In the application of this subsection to an election of councillors in Scotland, the reference to the High Court is to an election court, but, if the election was a local government election, the sheriff may act instead of the election court.

(2) Each affidavit shall state that, to the best of the deponent’s knowledge and belief—

(a) no agreement or terms of any kind whatsoever has or have been made, and

(b) no undertaking has been entered into, in relation to the withdrawal of the petition,

but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit.

(3) The affidavits of the applicant and his solicitor shall further state the ground on which the petition is sought to be withdrawn.

(4) Copies of those affidavits shall be delivered to the Director of Public Prosecutions a reasonable time before the application for the withdrawal is heard, and the court—

(a) may hear the Director of Public Prosecutions or his assistant or other representative F2 . . . in opposition to the allowance of the withdrawal of the petition; and

(b) shall have power to receive the evidence on oath of any person or persons whose evidence the Director of Public Prosecutions or his assistant, or other representative, may consider material.

In the application of this subsection to an election of councillors in Scotland the references to the Director of Public Prosecutions include references to the procuratorfiscal.

(5) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors.

(6) Except in Scotland, the jurisdiction vested by subsection (1) above in the High Court in matters relating to parliamentary elections shall, subject to rules of court, be exercised—

(a) by one of the judges for the time being on the rota for the trial of parliamentary election petitions,

(b) in Northern Ireland, by one of the judges of the High Court or the Court of Appeal for the time being selected under section 108 of the M1 Judicature (Northern Ireland) Act 1978,

sitting either in court or at chambers, or may be exercised by a master of the Supreme Court in manner directed by and subject to appeal to those judges.]

Textual Amendments

F1 S. 148 repealed in part (16.2.2001) by 2000 c. 41, ss. 137, 158(2), Sch. 17 para. 5(1)(2), Sch. 22, (with ss. 156(6), 158(3)); S.I. 2001/222, art. 2, Sch. 1 Pt. 1, Annex (with Sch. 1 Pt. II)

F2 Words repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5

Modifications etc. (not altering text)

C1 S. 148 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 148 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 S. 148 applied (with modifications) (11.3.1999) by The Scottish Parliament (Elections etc.) Order 1999 (S.I. 1999/787), art. 85(1)(3), Sch. 6 Pt. I

C4 S. 148 applied (with modifications) (N.I.) (4.5.1996) by Elections (Northern Ireland) Order 1996 (S.I. 1996/1220), art. 3(1)(b)(5)-(8), Sch. 1

Marginal Citations

M1 1978 c. 23.