Election Petition (Amendment) Rules 1985
| Jurisdiction | UK Non-devolved |
1985 No. 1278
REPRESENTATION OF THE PEOPLE
The Election Petition (Amendment) Rules 198530thJuly 1985
21stAugust 1985
1stOctober 1985
We, the authority having for the time being power to make rules of court for the Supreme Court, in exercise of the powers conferred on us by sections 136 and 182 of the Representation of the People Act 1983(a), hereby make the following Rules:—
1. These Rules may be cited as the Election Petition (Amendment) Rules 1985, and shall come into operation on 1st October 1985.
2. The Election Petition Rules 1960(b) ("the principal Rules") shall be amended as follows:—
(1) For Rules 5 and 6 of the principal Rules there shall be substituted the following Rules:—
"5.—(1) Within three days after the presentation of the petition the petitioner shall apply ex parte by summons to a master to fix the amount of security for costs which he is to give pursuant to section 136 of the Act.
(2) A recognisance as security for costs shall be acknowledged before a person authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891 or the Solicitors Act 1974, and shall be filed forthwith after being acknowledged.
(3) The recognisance shall be accompanied by an affidavit sworn by each surety and stating that after payment of all his debts he is worth a sum not less than that for which he is bound by his recognisance.
6.—(1) Within five days after giving the security the petitioner shall serve on the respondent within the meaning of section 121 (2) or section 128(2) of the Act and on the Director of Public Prosecutions a notice of the presentation of the petition and of the nature and amount of the security which he has given, together with a copy of the petition and of the affidavit accompanying any recognisance.
(2) Service shall be effected in the manner in which a writ of summons is served and an affidavit of service shall be filed as soon as practicable after service has been effected.".
(2) Rule 7(1) of the principal Rules shall be amended by substituting, for the words "within five days", the words "within fourteen days", and, for the words "Rule 5", the words "Rule 6".
(a) 1983 c.2, amended by the Representation of the People Act 1985 (c.50).
(b) S.I. 1960/543, amended by S.I. 1979/543.
(3) Rule 19(1) of the principal Rules shall be amended by substituting, for the words "prescribed by Rule 7" the words "prescribed by Rules 5, 6 or 7".
(4) The Rules of the principal Rules cited in the first column...
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