Part III Legal Proceedings

Procedure on all election petitions

136 Security for costs.

(1)

At the time of presenting an election petition or within three days afterwards the petitioner shall give security for all costs which may become payable by him to any witness summoned on his behalf or to any respondent.

(2)

The security shall be—

(a)

in the case of a parliamentary election petition, F1such amount not exceeding £5,000 as the High Court or a judge of the High Court, F2directs on an application made by the petitioner; and

(b)

in the case of a petition questioning an election under the local government Act, such amount not exceeding F3£2,500 as the High Court, or a judge of the High Court, directs on an application made by the petitioner,

and shall be given in the prescribed manner by recognisance entered into by any number of sureties not exceeding four or by a deposit of money, or partly in one way and partly in the other; but in Scotland—

(i)

F4the amount mentioned in paragraph (a) above shall be such amount not exceeding £5,000 as the Court of Session or a judge of the Court of Session directs and the amount mentioned in paragraph (b) above shall be such amount not exceeding F5£2,500 as the election court or the sheriff directs; and

(ii)

the persons finding caution for that amount may exceed four.

F6(3)

Within the prescribed time after giving the security the petitioner shall serve on the respondent in the prescribed manner—

(a)

a notice of the presentation of the petition and of the amount and nature of the security, and

(b)

a copy of the petition.

(4)

Within a further prescribed time, F7. . . the respondent may object in writing to any recognisance on the ground that any surety is insufficient or is dead or cannot be found or ascertained for want of a sufficient description in the recognisance, or that a person named in the recognisance has not duly acknowledged the recognisance.

F8(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

An objection to a recognisance shall be decided in the prescribed manner.

(7)

If the objection is allowed, the petitioner may within a further prescribed time F9. . . , remove it by a deposit in the prescribed manner of such sum of money as will, in the opinion of the court or officer having cognisance of the matter, make the security sufficient.

(8)

If no security is given as required by this section or any objection is allowed and not removed as mentioned above, no further proceedings shall be had on the petition.