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Representation of the People Act 1983

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This is the original version (as it was originally enacted).

155Neglect or refusal to pay costs

(1)Subsection (2) below applies if a petitioner neglects or refuses—

(a)in the case of a parliamentary election petition, for six months after demand, and

(b)in the case of a petition questioning an election under the local government Act, for three months after demand,

to pay to any person summoned as a witness on his behalf or to the respondent any sum certified to be due to that person or the respondent for his costs, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the High Court, or, in Scotland, the election court.

(2)Where subsection (1) above applies, every person who under this Act entered into a recognisance relating to that petition shall be held to be in default of the recognisance, and—

(a)the prescribed officer shall thereupon certify the re cognisance to be forfeited, and

(b)it shall be dealt with as if forfeited by the Crown Court, or, in Northern Ireland, under the [1851 c. 90.] Fines Act (Ireland) 1851, as the case may be,

but in Scotland the prescribed officer shall, where otherwise competent under the provisions of this subsection—

(i)certify that the conditions contained in the bond of caution have not been fulfilled ; and

(ii)it shall then be competent for the party or parties interested to register that bond, and do diligence upon it as accords of law.

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