Representation of the People Act 1983

• (a) in England and Wales, to a community, foundation or voluntary school situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area) or in a parish or community, as the case may be, in part comprised in that electoral area; and

• (b) in Scotland, to any school (not being an independent school within the meaning of the Education (Scotland) Act 1980) situated in the electoral area for which the candidate is standing (or, if there is no such school in the area, in any such school in an adjacent electoral area).

• (3) This section applies—

• (a) in England and Wales, to any meeting room situated in the electoral area for which the candidate is standing or in a parish or community, as the case may be, in part comprised in that electoral area, the expense of maintaining which is payable wholly or mainly out of public funds or out of any rate, or by a body whose expenses are so payable;

• (b) in Scotland, to any meeting room the expense of maintaining which is payable by a local authority.

• (4) Subsections (4), (5) and (7) of section 95 above and paragraph 1(1) of Schedule 5 to this Act shall apply for the purposes of this section as they apply for the purposes of that section, and any person stating himself to be, or to be authorised by, a candidate at a local government election in respect of an electoral area which falls (or partly falls) within a constituency, or his election agent, shall be entitled to inspect the lists prepared under Schedule 5 to this Act in relation to the constituency or a copy of them at all reasonable hours during the period beginning with the day on which notice of the election is published and ending with the day preceding the day of election.

Disturbances at election meetings

97

• (1) A person who at a lawful public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.

• (2) This section applies to—

• (a) a political meeting held in any constituency between the date of the issue of a writ for the return of a member of Parliament for the constituency and the date at which a return to the writ is made;

• (b) a meeting held with reference to a local government election in the electoral area for that election in the period beginning with the last date on which notice of the election may be published in accordance with rules made under section 36 or section 36A or, in Scotland, section 42 above and ending with, the day of election.

• (3) If a constable reasonably suspects any person of committing an offence under subsection (1) above, he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale, and—

• (a) if he refuses or fails so to declare his name and address or

• (b) if the constable reasonably suspects him of giving a false name and address,

the constable may without warrant arrest him.

This subsection does not apply in Northern Ireland.

Premises not affected for rates

98

The use of any premises for the holding of public meetings in furtherance of any person’s candidature at a parliamentary or local government election does not render any person liable to be rated or to pay any rate for the premises.

Agency by election officials and canvassing by police officers

Officials not to act for candidates

99

• (1) If

• (a) any returning officer at a parliamentary or local government election, or

• (b) any officer or clerk appointed under the parliamentary elections rules, or the rules under section 36 , section 36A or section 42 above, as the case may be, or

• (c) any partner or clerk of any such person,

acts as a candidate’s agent in the conduct or management of the election, he shall be guilty of an offence, but nothing in this subsection prevents a candidate from acting as his own election agent.

• (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Illegal canvassing by police officers

100

• (1) No member of a police force shall by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy—

• (a) at any parliamentary election for a constituency, or

• (b) at any local government election for any electoral area,

wholly or partly within the police area.

• (2) A person acting in contravention of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, but nothing in that subsection shall subject a member of a police force to any penalty for anything done in the discharge of his duty as a member of the force.

• (3) In this section references to a member of a police force and to a police area are to be taken in relation to Northern Ireland as references to a member of the Royal Ulster Constabulary and to Northern Ireland.

Conveyance of voters to and from poll

No hiring of vehicles to convey voters

101

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

No payments for conveyance of voters

102

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

Provisions supplemental to ss. 101 and 102

103

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

" Carriage " in ss. 101 to 103

104

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

Access to polling place by sea

105

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

Other illegal practices, payments, employments or hirings

False statements as to candidates

106

• (1) A person who, or any director of any body or association corporate which—

• (a) before or during an election,

• (b) for the purpose of affecting the return of any candidate at the election,

makes or publishes any false statement of fact in relation to the candidate’s personal character or conduct shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, that statement to be true.

• (2) A candidate shall not be liable nor shall his election be avoided for any illegal practice under subsection (1) above committed by his agent other than his election agent unless—

• (a) it can be shown that the candidate or his election agent has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice; or

• (b) an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

• (3) A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or the county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement shall be sufficient.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any person who, before or during an election, knowingly publishes a false statement of a candidate’s withdrawal at the election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice.

• (6) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under subsection (5) above committed by his agent other than his election agent.

• (7) In the application of this section to an election where a candidate is not required to have an election agent, references to an election agent shall be omitted and the reference in subsection (6) above to an illegal practice committed by an agent of the candidate shall be taken as a reference to an illegal practice committed without the candidate’s knowledge and consent.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Article 60 of the County Courts (Northern Ireland) Order 1980 (appeals from county courts) shall apply in relation to any order of a county court in Northern Ireland made by virtue of subsection (3) above as it applies in relation to any such decree of a county court as is mentioned in paragraph (1) of that Article.

Corrupt withdrawal from candidature

107

Any person who corruptly induces or procures any other person to withdraw from being a candidate at an election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.

Premises not to be used as committee rooms

108

Payments for exhibition of election notices

109

• (1) No payment or contract for payment shall for the purpose of promoting or procuring the election of a candidate at an election be made to an elector or his proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless—

• (a) it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements; and

• (b) the payment or contract is made in the ordinary course of that business.

• (2) If any payment or contract for payment is knowingly made in contravention of this section either before, during or after an election—

• (a) the person making the payment or contract, and

• (b) if he knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract,

shall be guilty of an illegal practice.

Printer's name and address on election publications

110

Prohibition of paid canvassers

111

If a person is, either before, during or after an election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a candidate’s election—

• (a) the person so engaging or employing him, and

• (b) the person so engaged or employed,

shall be guilty of illegal employment.

Providing money for illegal purposes

112

Where a person knowingly provides money—

• (a) for any payment which is contrary to the provisions of this Act, or

• (b) for any expenses incurred in excess of the maximum amount allowed by this Act, or

• (c) for replacing any money expended in any such payment or expenses,

except where the payment or the incurring of the expenses may have been previously allowed in pursuance of section 167 below to be an exception, that person shall be guilty of an illegal payment.

Bribery, treating and undue influence

Bribery

113

• (1) A person shall be guilty of a corrupt practice if he is guilty of bribery.

• (2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf—

• (a) gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting, or

• (b) corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting, or

• (c) makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any voter,

or if upon or in consequence of any such gift or procurement as mentioned above he procures or engages, promises or endeavours to procure the return of any person at an election or the vote of any voter.

For the purposes of this subsection—

• (i) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and

• (ii) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment and

• (iii) references to procuring the return of any person at an election include, in the case of an election of the London members of the London Assembly at an ordinary election, references to procuring the return of candidates on a list of candidates submitted by a registered political party for the purposes of that election

• (3) A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at any election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.

• (4) The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid or on account of any legal expenses incurred in good faith at or concerning an election.

• (5) A voter shall be guilty of bribery if before or during an election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

• (6) A person shall be guilty of bribery if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

• (7) In this section the expression “voter” includes any person who has or claims to have a right to vote.

Treating

114

• (1) A person shall be guilty of a corrupt practice if he is guilty of treating.

• (2) A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—

• (a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

• (b) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

• (3) Every elector or his proxy who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.

Undue influence

115

• (1) A person shall be guilty of a corrupt practice if he is guilty of undue influence in relation to an election in Scotland ... under the local government Act.

• (2) A person shall be guilty of undue influence in relation to an election in Scotland ... under the local government Act—

• (a) if he, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

• (b) if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents , or intends to impede or prevent, the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or prevails upon , or intends so to compel, induce or prevail upon, an elector or proxy for an elector either to vote or to refrain from voting.

Supplemental

Rights of creditors

116

The provisions of this Part of this Act prohibiting—

• (a) payments and contracts for payments,

• (b) the payment or incurring of election expenses in excess of the maximum amount allowed by this Act, or

• (c) the incurring of expenses not authorised by the election agent,

do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Act.

Savings as to parliamentary elections

117

• (1) Where a person has been declared by others to be a candidate at a parliamentary election without his consent, nothing in this Part of this Act shall be construed to impose any liability on that person, unless he has afterwards given his assent to the declaration or has been nominated.

• (2) Nothing in this Part makes it illegal for an employer to permit parliamentary electors or their proxies to absent themselves from his employment for a reasonable time for the purpose of voting at the poll at a parliamentary election without having any deduction from their salaries or wages on account of their absence, if the permission—

• (a) is (so far as practicable without injury to the employer’s business) given equally to all persons alike who are at the time in his employment, and

• (b) is not given with a view to inducing any person to record his vote for any particular candidate at the election, and

• (c) is not refused to any person for the purpose of preventing him from recording his vote for any particular candidate at the election,

but this subsection shall not be construed as making illegal any act which would not be illegal apart from this subsection.

Interpretation of Part II

118

In this Part of this Act, unless the context otherwise requires—

• “appropriate officer” has the meaning given by section 67(7) above;

• “candidate” shall be construed in accordance with section 118A below;

• “committee room” does not include any house or room occupied by a candidate as a dwelling, by reason only of the candidate transactingbusiness there with his agents in relation to the election, and no room or building shall be deemed to be a committee room by reason only of the candidate or any agent of the candidate addressing in it electors, committee members or others;

• “date of the allowance of an authorised excuse” has the meaning given by section 86(8) above, or paragraph 7 of Schedule 4 to this Act, as the case may be;

• “declaration as to election expenses” means a declaration made under section 82 above, or, as the case may be, paragraph 3 of Schedule 4 to this Act;

• “disputed claim” has the meaning given by section 79(1) above as extended by section 80 above;

• “election expenses”, in relation to an election, shall be construed in accordance with sections 90ZA to 90D above;

• “money” and “pecuniary reward” shall (except in sections 71A, 113 and 114 above and Schedule 2A to this Act) be deemed to include—any office, place or employment, andany valuable security or other equivalent of money, andany valuable consideration,and expressions referring to money shall be construed accordingly;

• “payment” includes any pecuniary or other reward;

• “personal expenses” as used with respect to the expenditure of any candidate in relation to any election includes the reasonable travelling expenses of the candidate, and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to the election;

• “return as to election expenses” means a return (including the bills and receipts to be delivered with it) to be made under section 81(1) above, or, as the case may be, paragraph 3 of Schedule 4 to this Act.

Computation of time for purposes of Part II

119

• (1) Where the day or last day on which anything is required or permitted to be done by or in pursuance of this Part of this Act is any of the days mentioned in subsection (2) below—

• (a) the requirement or permission shall be deemed to relate to the first day thereafter which is not one of those days; and

• (b) in computing any period of not more than 7 days for the purposes of this Part any of the days so mentioned shall be disregarded.

• (2) The days referred to in subsection (1) above are Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday, a bank holiday or a day appointed for public thanksgiving or mourning (but, in relation to a parliamentary general election, excluding any day to which rule 2 of the parliamentary elections rules does not apply by virtue of rule 2(2A)).

• (3) In this section “bank holiday”, in relation to any election, means a day which is a bank holiday in the part of the United Kingdom in which the constituency or, as the case may be, electoral area is situated.

Part III — Legal Proceedings

Questioning of a parliamentary election

Method of questioning parliamentary election

120

• (1) No parliamentary election and no return to Parliament shall be questioned except by a petition complaining of an undue election or undue return (“a parliamentary election petition”) presented in accordance with this Part of this Act.

• (2) A petition complaining of no return shall be deemed to be a parliamentary election petition and the High Court—

• (a) may make such order on the petition as they think expedient for compelling a return to be made; or

• (b) may allow the petition to be heard by an election court as provided with respect to ordinary election petitions.

Presentation and service of parliamentary election petition

121

• (1) A Parliamentary election petition may be presented by one or more of the following persons—

• (a) a person who voted as an elector at the election or who had a right so to vote; or

• (b) a person claiming to have had a right to be elected or returned at the election ; or

• (c) a person alleging himself to have been a candidate at the election.

• (1A) The reference in subsection (1)(a) to a person who voted as an elector at an election or who had the right so to vote does not include a person who had an anonymous entry in the register of electors.

• (2) The member whose election or return is complained of is hereinafter referred to as the respondent, but if the petition complains of the conduct of a returning officer, the returning officer shall for the purposes of this Part of this Act be deemed to be a respondent.

• (3) The petition shall be in the prescribed form, state the prescribed matters and be signed by the petitioner, or all the petitioners if more than one, and shall be presented to the High Court, or to the Court of Session, or to the High Court of Northern Ireland, depending on whether the constituency to which it relates is in England and Wales, or Scotland or Northern Ireland.

• (4) The petition shall be presented by delivering it to the prescribed officer or otherwise dealing with it in the prescribed manner; and the prescribed officer shall send a copy of it to the returning officer of the constituency to which the petition relates, who shall forthwith publish it in that constituency.

• (5) The petition shall be served in such manner as may be prescribed.

Time for presentation or amendment of parliamentary election petition

122

• (1) Subject to the provisions of this section, a parliamentary election petition shall be presented within 21 days after the return has been made to the Clerk of the Crown, or to the Clerk of the Crown for Northern Ireland, as the case may be, of the member to whose election the petition relates.

• (2) If the petition questions the election or return upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made by the member or on his account or with his privity since the time of that return in pursuance or in furtherance of the alleged corrupt practice, it may be presented within 28 days after the date of the payment.

• (3) A petition questioning the election or return upon an allegation of an illegal practice may, so far as respects that illegal practice, be presented—

• (a) within 21 days after the day specified in subsection (4) below; or

• (b) if specifically alleging a payment of money or some other act to have been made or done since the day so specified by the member to whose election the petition relates or an agent of his, or with the privity of that member or his election agent, in pursuance or in furtherance of the alleged illegal practice, within 28 days after the date of the payment or other act.

• (4) The day referred to in subsection (3) above is the tenth day after the end of the time allowed for delivering to the returning officer returns as to election expenses at the election or, if later—

• (a) that on which the returning officer receives the return and declarations as to election expenses by that member and his election agent; or

• (b) where the return and declarations are received on different days, the last of those days; or

• (c) where there is an authorised excuse for failing to make the return and declarations, the date of the allowance of the excuse, or if there was a failure as regards two or more of them, and the excuse was allowed at different times, the date of the allowance of the last excuse.

• (5) An election petition presented within the time limited by subsection (1) or subsection (2) above may, for the purpose of questioning the election or return upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition questioning the election upon the allegation of that illegal practice could be presented under subsection (3).

• (6) Subsections (3), (4) and (5) above apply—

• (a) notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice; and

• (b) to a corrupt practice under section 75 above, as if it were an illegal practice.

• (7) For the purposes of this section, an allegation that an election is avoided under section 164 below shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution of election court and place of trial

123

• (1) A parliamentary election petition shall be tried by—

• (a) two judges on the rota for the trial of parliamentary election petitions, and the judges for the time being on that rota shall, unless they otherwise agree, try the election petitions standing for trial according to their seniority,

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

and the judges presiding at the trial of a parliamentary election petition are hereinafter referred to as the election court.

• (2) The election court has, subject to the provisions of this Act, the same powers, jurisdiction and authority as a judge of the High Court (or, in Scotland, a judge of the Court of Session presiding at the trial of a civil cause without a jury) and shall be a court of record.

• (3) The place of trial shall be within the constituency for which the election was held, but—

• (a) the High Court may, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial; and

• (b) if that constituency is wholly or partly in Greater London, the petition may be heard at such place within Greater London as the High Court may appoint.

• (4) The election court may adjourn the trial from one place to another within the constituency.

Judges' expenses and reception: England and Wales and Northern Ireland

124

In relation to the trial of a parliamentary election petition—

• (a) in England and Wales and Northern Ireland, the travelling and other expenses of the judges and all expenses properly incurred in . . . providing them with necessary accommodation and with a proper court shall be defrayed by the Treasury out of moneys provided by Parliament;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judges' expenses and reception: Scotland

125

In relation to the trial of a parliamentary election petition in Scotland—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the travelling and other expenses of the judges, and of the officer or officers in attendance on them, and all expenses properly incurred in providing the judges with a proper court shall be defrayed by the Treasury out of moneys provided by Parliament

Attendance of House of Commons shorthand writer

126

• (1) The shorthand writer of the House of Commons or his deputy shall attend the trial and shall be sworn by one of the judges of the election court faithfully and truly to take down the evidence given at the trial and from time to time as occasion requires to transcribe that evidence or cause it to be transcribed.

• (2) The shorthand writer shall take down the evidence and from time to time transcribe it or cause it to be transcribed and a copy of the evidence shall accompany the certificate given by the election court to the Speaker.

• (3) In Scotland . . . the expenses of the shorthand writer shall be deemed to be part of the expenses incurred under section 125 above.

Questioning of a local election

Method of questioning local election

127

An election under the local government Act may be questioned on the ground that the person whose election is questioned—

• (a) was at the time of the election disqualified, or

• (b) was not duly elected,

or on the ground that the election was avoided by corrupt or illegal practices or on the grounds provided by section 164 or section 165 below, and shall not be questioned on any of those grounds except by an election petition.

Presentation of petition questioning local election

128

• (1) A petition questioning an election under the local government Act may be presented either by four or more persons who voted as electors at the election or had a right so to vote, or by a person alleging himself to have been a candidate at the election.

• (1A) The reference in subsection (1) to a person who voted as an elector at an election or who had the right so to vote does not include a person who had an anonymous entry in the register of electors.

• (1B) Subsection (1A) does not apply to a local government election in Scotland.

• (2) A person whose election is questioned by the petition, and any returning officer of whose conduct the petition complains, may be made a respondent to the petition.

• (3) The petition shall be in the prescribed form signed by the petitioner and shall be presented in the prescribed manner—

• (a) in England and Wales, to the High Court;

• (b) in Scotland, to the sheriff principal of the sheriffdom in which the election took place or, where the election was in respect of a local authority whose area is situated within more than one sheriffdom, to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.

• (4) In England and Wales the prescribed officer shall send a copy of the petition to the proper officer of the authority for which the election was held, who shall forthwith publish it in the area of that authority.

Time for presentation or amendment of petition questioning local election

129

• (1) Subject to the provisions of this section, a petition questioning an election under the local government Act shall be presented within 21 days after the day on which the election was held.

• (2) If the petition complains of the election—

• (a) on the ground of a corrupt practice, and

• (b) specifically alleges that a payment of money or other reward has been made or promised since the election by a candidate elected at the election, or on his account or with his privity, in pursuance or furtherance of that corrupt practice,

it may be presented at any time within 28 days after the date of the alleged payment or promise, whether or not any other petition against that person has been previously presented or tried.

• (3) If the petition complains of the election—

• (a) on the ground of an illegal practice, and

• (b) specifically alleges a payment of money or other act made or done since the election by the candidate elected at the election, or by an agent of the candidate or with the privity of the candidate or his election agent, in pursuance or in furtherance of that illegal practice,

it may be presented at any time within 28 days after the date of that payment or act, whether or not any other petition against that person has been previously presented or tried.

• (4) If the petition complains of an election where election expenses are allowed on the ground of an illegal practice, it may be presented at any time within 14 days after the day specified in subsection (5) below.

• (5) The day referred to in subsection (4) above is—

• (a) that on which the appropriate officer receives the return and declarations as to election expenses by that candidate and his election agent; or

• (b) where the return and declarations are received on different days, the last of those days; or

• (c) where there is an authorised excuse for failing to make the return and declarations, the date of the allowance of the excuse, or if there was a failure as regards two or more of them and the excuse was allowed at different times, the date of the allowance of the last excuse.

• (6) An election petition presented within the time limited by subsection (1) or subsection (2) above may for the purpose of complaining of the election upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition complaining of the election on the ground of that illegal practice could, under this section, be presented.

In the application of this subsection to an election of councillors in Scotland, the reference in this subsection to subsection (2) above shall be omitted and for the reference to the High Court there shall be substituted a reference to the election court or the sheriff.

• (7) Subsections (3), (4), (5) and (6) above apply—

• (a) notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice; and

• (b) to a corrupt practice under section 75 or 75A above as if it were an illegal practice.

• (8) For the purposes of this section, an allegation that an election is avoided under section 164 below shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.

• (9) In relation to an election where candidates are not required to have election agents there shall be omitted—

• (a) the references in subsection (3) and paragraph (a) of subsection (5) above to an election agent; and

• (b) paragraphs (b) and (c) of subsection (5).

Election court for local election in England and Wales, and place of trial

130

• (1) A petition questioning an election in England and Wales under the local government Act shall be tried by an election court consisting of a person qualified and appointed as provided by this section.

• (2) A person shall not be qualified to constitute an election court—

• (a) unless he satisfies the judicial-appointment eligibility condition on a 7-year basis; or

• (b) if the court is for the trial of an election petition relating to any local government area in which he resides.

• (3) The judges for the time being on the rota for the trial of parliamentary election petitions, or any two of those judges—

• (a) may annually appoint as many qualified persons, not exceeding five, as they may think necessary as commissioners for the trial of petitions questioning elections in England and Wales under the local government Act; and

• (b) shall from time to time assign the petitions to be tried by each commissioner.

• (4) If the commissioner to whom the trial of a petition is assigned dies, or declines to act or becomes incapable of acting, those judges or two of them may assign the trial to be conducted or continued by any other of the commissioners appointed under this section.

• (5) The election court has for the purposes of the trial the same powers and privileges as a judge on the trial of a parliamentary election petition.

• (6) The place of trial shall be within the area of the authority for which the election was held, except that the High Court may, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial.

• (7) The election court may in its discretion adjourn the trial from one place to another within the local government area or place where it is held.

Accommodation of and attendance on court

131

• (1) The proper officer of the authority for which the election was held shall provide suitable accommodation for holding the election court constituted under section 130 above and any expenses incurred by him for the purposes of this section and section 132 below shall be paid by that authority.

• (2) The election court so constituted may employ officers and clerks as prescribed, and all constables and bailiffs shall give their assistance to the court in the execution of its duties.

• (3) A shorthand writer (whose expenses, according to a prescribed scale, shall be treated as part of the expenses incurred in receiving the election court) shall attend the trial before that court, and—

• (a) shall be sworn by the court faithfully and truly to take down the evidence given at the trial, and

• (b) shall take down such evidence at length,

and a transcript of the notes of the evidence taken down by him shall, if the election court so directs, accompany the court’s certificate.

Remuneration and allowances

132

• (1) The remuneration and allowances to be paid to the commissioner for his services in respect of that trial and to any officers, clerks or shorthand writers employed under section 131 above in relation to that trial shall be fixed by a scale made and varied by the judges on the rota for the trial of parliamentary election petitions, with the Treasury’s approval.

• (2) The remuneration and allowances shall be paid in the first instance by the Treasury and shall be repaid to the Treasury on their certificate by the authority for which the election was held.

Repayments under ss. 131 and 132

133

• (1) The election court constituted under section 130 above may in its discretion order that—

• (a) the expenses referred to in section 131 above, incurred by the proper officer of the authority for receiving the court, or

• (b) the remuneration and allowances referred to in section 132 above,

shall be repaid, wholly or in part, to the proper officer of the authority or to the Treasury, as the case may be—

• (i) when, in the opinion of the election court, the petition is frivolous and vexatious, by the petitioner;

• (ii) when, in the opinion of the election court, the respondent has been personally guilty of corrupt practices at the election, by that respondent.

• (2) The order so made for the repayment of any sum by a petitioner or respondent may be enforced as an order for payment of costs, but a deposit made or a security given under this Part of this Act shall not be applied for any such repayment until all costs and expenses payable by the petitioner or respondent to any party to the petition have been satisfied.

Election court for local election in Scotland, and place of trial

134

• (1) An election petition questioning an election of councillors in Scotland, and all proceedings incidental to and consequent on it, except as otherwise provided, shall be tried—

• (a) by the sheriff principal of the sheriffdom within which the challenged election took place; or

• (b) where the election was in respect of a local authority whose area is situated within more than one sheriffdom, by the sheriffs principal of the sheriffdoms in which the area of the authority is situated; and where in such a case the sheriffs principal are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs principal to make.

• (2) The election court has for the purposes of the trial the same powers and privileges as a judge on the trial of a parliamentary election petition, except that any fine or order of committal unless imposed or made by the Court of Session in consequence of a case stated under subsection (1) above may, on summary application by the person aggrieved, be discharged or varied by the Court of Session, or in vacation by the judge acting as vacation judge on such terms, if any, as the Court of Session or judge may think fit.

• (3) The place of trial shall be such place within the sheriffdom or sheriffdoms in which the area of the local authority is situated as the election court may determine.

• (4) The election court may in its discretion adjourn the trial from one place to another within that sheriffdom or those sheriffdoms.

• (5) The travelling and other expenses of the sheriff principal incurred by him in the execution of his duties under this Part of this Act shall be paid by the authority for which the election was held, but the election court may order repayment of those expenses to that authority by the parties to the petition or any of them, in such proportion as shall to the court seem proper.

• (6) A shorthand writer shall attend at the trial of the petition, and shall be sworn by the election court faithfully and truly to take down the evidence given at the trial, and he shall take down the evidence at length.

Consequences of local election declared void

135

• (1) Where on a petition questioning an election under the local government Act—

• (a) the election of any person has been declared void, and

• (b) no other person has been declared elected in his place,

a new election shall be held to fill the vacancy in the same manner as on a casual vacancy.

• (1A) Subsection (1) above shall not apply in the case of an election of the London members of the London Assembly at an ordinary election (for which separate provision is made by section 135A below).

• (2) For the purposes of that election any duties to be performed by any officer shall, if he has been declared not elected, be performed by a deputy or other person who might have acted for him if he had been incapacitated by illness.

• (3) This section does not apply to Scotland.

Procedure on all election petitions

Security for costs

136

• (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, such amount not exceeding £5,000 as the High Court or a judge of the High Court, directs 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 £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) the 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 £2,500 as the election court or the sheriff directs; and

• (ii) the persons finding caution for that amount may exceed four.

• (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, . . . 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.

• (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 . . . , 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.

Petition at issue

137

• (1) The petition shall be at issue as from the relevant time, as defined by subsection (2) below.

• (2) In this section “the relevant time” means—

• (a) where the petitioner gives the security for costs required by section 136 above by a deposit of money equal to the amount of the security so required, the time when the security is so given; and

• (b) in any other case, the time when—

• (i) the time prescribed for the making of objections under section 136(4) above expires, or

• (ii) if such an objection is made, that objection is disallowed or removed,

whichever happens later.

List of petitions

138

• (1) The prescribed officer shall—

• (a) as soon as may be, make out a list of all election petitions at issue presented to the court of which he is officer, placing them in the order in which they were presented, and

• (b) keep at his office a copy of the list, open to inspection in the prescribed manner,

and the petitions questioning elections under the local government Act shall be in a separate list . . ..

• (2) The petitions shall, so far as convenient, be tried in the order in which they stand in the list.

• (3) In the case of a petition questioning an election under the local government Act, two or more candidates may be made respondents to the same petition, and their cases may be tried at the same time, but for the purposes of this Part of this Act the petition shall be deemed to be a separate petition against each respondent.

• (4) Where more petitions than one are presented relating to the same election or to elections under the local government Act held at the same time for more than one electoral area in the same local government area, all those petitions shall be bracketed together in the election list and shall be dealt with as one petition, standing, unless the High Court otherwise direct, in the election list in the place where the last of them would have stood if it had been the only petition presented.

• (5) Subsections (1), (2) and (4) above do not apply in relation to petitions questioning an election of councillors in Scotland but where two or more of those petitions are presented relating to the same election they shall be tried together.

Trial of petition

139

• (1) An election petition shall be tried in open court, without a jury, and notice of the time and place of trial shall be given in the prescribed manner, not less than, in the case of a parliamentary election petition, 14 days and in any other case, seven days, before the day of trial.

• (2) The election court may in its discretion adjourn the trial from time to time, but the trial shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion.

• (3) The trial of a parliamentary election petition shall be proceeded with notwithstanding the acceptance by the respondent of an office vacating his seat in Parliament and notwithstanding the prorogation of Parliament; and the trial of a petition questioning an election under the local government Act shall be proceeded with notwithstanding that the respondent has ceased to hold the office his election to which is questioned by the petition.

• (4) On the trial of a petition, unless the court otherwise directs, any charge of a corrupt practice may be gone into, and evidence in relation to it received, before any proof has been given of agency on behalf of any candidate in respect of the corrupt practice.

In relation to an election in England and Wales under the local government Act, this subsection applies as if corrupt practices included illegal practices.

• (5) On the trial of a petition complaining of an undue election and claiming the seat or office for some person, the respondent may give evidence to prove that that person was not duly elected, in the same manner as if he had presented a petition against the election of that person.

• (6) If the petition relates to an election conducted under the parliamentary elections rules or the rules under section 36 , section 36A or section 42 above and it appears that there is an equality of votes between any candidates at the election, and that the addition of a vote would entitle any of those candidates to be declared elected then—

• (a) any decision under the provisions as to equality of votes in the parliamentary elections rules or the rules under section 36 , section 36A or section 42, as the case may be, shall in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and

• (b) in so far as that question is not determined by such a decision, the court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

Witnesses

140

• (1) Witnesses shall be summoned and sworn in the same manner as nearly as circumstances admit as in an action tried in the High Court, but this subsection does not apply to Scotland in relation to an election of councillors.

• (2) On the trial a member of the election court may, by order signed by him, require any person who appears to him to have been concerned in the election to attend as a witness, and any person refusing to obey the order shall be guilty of contempt of court.

• (3) The election court may examine any person so required to attend or who is in court although he is not called and examined by any party to the petition.

• (4) A witness may, after his examination by the court, be cross-examined by or on behalf of the petitioner and respondent, or either of them.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The Director of Public Prosecutions shall without any direction from the court cause any person appearing to him to be able to give material evidence as to the subject of the trial to attend the trial and shall, with the leave of the court, examine him as a witness.

• (7) Subsection (6) above does not apply to Scotland, and in Scotland one of the deputes of the Lord Advocate or the procurator fiscal of the district may, if the Lord Advocate so decides, and shall, if the election court so requests attend the trial of the petition as part of his official duty . . ..

Duty to answer relevant questions

141

• (1) A person called as a witness respecting an election before any election court shall not be excused from answering any question relating to any offence at or connected with the election—

• (a) on the ground that the answer to it may incriminate or tend to incriminate—

• (i) that person or that person’s spouse or civil partner, , or

• (ii) in Scotland, that person; or

• (b) on the ground of privilege.

• (2) An answer by a person to a question put by or before any election court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against—

• (a) that person or that person’s spouse or civil partner, ; or

• (b) in Scotland, that person.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificate of indemnity

142

Expenses of witnesses

143

• (1) The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition, according to the scale allowed to witnesses on the trial of civil actions, may be allowed to him by a certificate of the election court or of the prescribed officer.

• (2) If the witness was called and examined by virtue of section 140(2) above, the expenses referred to in subsection (1) above shall be deemed part of the expenses of providing a court, but otherwise they shall be deemed costs of the petition.

This subsection does not apply to Scotland in relation to an election of councillors.

Conclusion of trial of parliamentary election petition

144

• (1) At the conclusion of the trial of a parliamentary election petition, the election court shall determine whether the member whose election or return is complained of, or any and what other person, was duly returned or elected or whether the election was void, and the determination so certified shall be final to all intents as to the matters at issue on the petition.

• (2) The election court shall forthwith certify in writing the determination to the Speaker.

• (3) If the judges constituting the election court—

• (a) differ as to whether the member whose election or return is complained of was duly elected or returned, they shall certify that difference and the member shall be deemed to be duly elected or returned;

• (b) determine that the member was not duly elected or returned but differ as to the rest of the determination, they shall certify that difference and the election shall be deemed to be void.

• (4) Where any charge is made in the petition of any corrupt or illegal practice having been committed at the election the court shall, in addition to giving a certificate, and at the same time, make a report to the Speaker as required by sections 158 and 160 below and also stating whether corrupt or illegal practices have, or whether there is reason to believe that corrupt or illegal practices have, extensively prevailed at the election.

• (5) The election court may at the same time make a special report to the Speaker as to matters arising in the course of the trial an account of which in the judgment of the court ought to be submitted to the House of Commons.

• (6) Every report sent to the Speaker under this section shall be signed by both judges of the election court and if the judges differ as to the subject of the report, they shall certify that difference and make no report on the subject on which they so differ.

• (7) The House of Commons, on being informed by the Speaker of a certificate and any report of an election court, shall order the certificate and report (if any) to be entered in their journals and shall give the necessary direction—

• (a) for confirming or altering the return, or

• (b) for issuing a writ for a new election, or

• (c) for carrying the determination into execution as the circumstances may require,

and where the court make a special report, the House of Commons may make such order in respect of that report as they think proper.

Conclusion of trial of local election petition

145

• (1) At the conclusion of the trial of a petition questioning an election under the local government Act, the election court shall determine whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void, and the determination so certified shall be final to all intents as to the matters at issue on the petition.

• (1A) In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, for the words from “shall determine” to “void,” there shall be substituted “shall determine whether—

• (a) the person or persons whose return is complained of were duly returned,

• (b) some other person or persons should have been declared to be returned, or

• (c) the election was void, ”.

• (2) The election court shall forthwith certify in writing the determination to the High Court.

• (3) Where a charge is made in the petition of any corrupt or illegal practice having been committed at the election the court shall, in addition to giving a certificate, and at the same time, make a report in writing to the High Court as required by sections 158 and 160 below and also stating whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, extensively prevailed at the election in the area of the authority for which the election was held or in any electoral area of that authority’s area.

• (4) The election court may at the same time make a special report to the High Court as to matters arising in the course of the trial an account of which in the judgment of the court ought to be submitted to the High Court.

• (5) A copy of any certificate or report made to the High Court shall be sent by the High Court to the Secretary of State.

• (6) The High Court shall by the signatures of two or more of its judges certify a copy of the certificate mentioned in subsection (5) above to the proper officer of the authority for which the election was held.

• (7) The foregoing provisions of this section, except subsection (1) above, do not apply to Scotland, but where in a petition questioning an election of councillors in Scotland a charge is made of any corrupt or illegal practice having been committed at the election, the court—

• (a) shall determine the matters mentioned in sections 158 and 160 below; and

• (b) shall also determine whether any corrupt practices have, or whether there is reason to believe that any corrupt practices have, extensively prevailed at the election and whether illegal practices, payments, employments or hirings committed in reference to the election for the purpose of promoting the election of a candidate at the election have or have not so extensively prevailed that they may be reasonably supposed to have affected the result of the election.

Special case for determination of High Court

146

• (1) If, on the application of any party to a petition made in the prescribed manner to the High Court, it appears to the High Court that the case raised by the petition can be conveniently stated as a special case, the High Court may direct it to be stated accordingly and the special case shall be heard before the High Court.

• (2) In the case of a parliamentary election petition, the High Court shall certify to the Speaker its decision on the special case.

• (3) In the case of a petition questioning an election in England and Wales under the local government Act, a statement of the decision on the special case shall be sent by the High Court to the Secretary of State and the High Court shall by the signatures of two or more of its judges also certify that statement to the proper officer of the authority for which the election was held.

• (4) If it appears to the election court on the trial of an election petition that any question of law as to the admissibility of evidence or otherwise requires further consideration by the High Court, the election court may postpone the granting of a certificate until the question has been determined by the High Court, and for this purpose may reserve the question by stating a case for the decision of the High Court.

In the application of this subsection to Northern Ireland the references to the High Court are to the Court of Appeal.

• (5) In Scotland the decision of the Court of Session on a special case under subsection (1) above shall be final and in the case of a petition questioning an election of councillors in Scotland, the application under subsection (1) for a direction for the statement of a case for the Court of Session shall be made to the election court.

Withdrawal of petition

147

• (1) A petitioner shall not withdraw an election petition without the leave of the election court or High Court on special application, made in the prescribed manner and at the prescribed time and place.

In the application of this subsection to a petition questioning an election of councillors in Scotland there shall be omitted the reference to the High Court.

• (2) The application shall not be made until the prescribed notice of the intention to make it has been given in the constituency or local government area to which the petition relates.

• (3) Where there are more petitioners than one, the application shall not be made except with the consent of all the petitioners.

• (4) If a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent.

Evidence required for withdrawal of petition

148

• (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 . . . 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 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.

Penalty for corrupt withdrawal and breach of s. 148

149

If a person makes any agreement or terms, or enters into any undertaking, in relation to the withdrawal of an election petition, and such agreement, terms or undertaking—

• (a) is or are for the withdrawal of the election petition in consideration of any payment, or in consideration that the seat or office should at any time be vacated, or in consideration of the withdrawal of any other election petition, or

• (b) is or are (whether lawful or unlawful) not mentioned in the affidavits referred to in section 148 above,

he shall be liable—

• (i) on conviction on indictment, to imprisonment for a term not exceeding one year, or to a fine, or to both;

• (ii) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

Substitution of new petitioner

150

• (1) On the hearing of the application for leave to withdraw, any person who might have been a petitioner in respect of the election may apply to the court to be substituted as a petitioner, and the court may, if they think fit, substitute him accordingly.

• (2) If the proposed withdrawal is in the opinion of the court the result of any agreement, terms or undertaking prohibited by section 149 above or induced by any corrupt bargain or consideration, the court may by order direct—

• (a) that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and

• (b) that, to the extent of the sum named in the security, the original petitioner and his sureties shall be liable to pay the costs of the substituted petitioner.

• (3) If the court does not so direct, then security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition and within the prescribed time after the order of substitution.

• (4) Subject to the above provisions, a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner.

Report on withdrawal

151

• (1) In every case of the withdrawal—

• (a) of a parliamentary election petition, the court giving leave for the withdrawal shall make a report to the Speaker as required by subsection (2) below; and

• (b) by leave of the election court, of a petition questioning an election in England and Wales under the local government Act, that court shall make a report in writing to the High Court as so required.

• (2) The report shall state whether in the court’s opinion the withdrawal of the petition was—

• (a) the result of any agreement, terms or undertaking, or

• (b) in consideration of any payment, or in consideration that the seat or office should at any time be vacated or in consideration of the withdrawal of any other election petition or for any other consideration,

and, if so, shall state the circumstances attending the withdrawal.

Abatement of petition

152

• (1) An election petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.

• (2) the abatement shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred.

• (3) On the abatement the prescribed notice of it shall be given in the constituency or local government area to which the petition relates; and within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election may apply to the election court or High Court in the prescribed manner and in the prescribed time and place to be substituted as a petitioner; and the court may, if it thinks fit, substitute him accordingly.

• (4) Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.

• (5) In the application of this section to an election of councillors in Scotland the reference in subsection (3) above to the High Court shall be omitted, and the sheriff may act instead of the election court.

Withdrawal and substitution of respondents before trial

153

• (1) If before the trial of an election petition a respondent other than a returning officer—

• (a) gives the prescribed notice that he does not intend to oppose the petition or dies, or

• (b) where the petition questions a parliamentary election or return, is summoned to Parliament as a peer by a writ issued under the Great Seal of the United Kingdom or the House of Commons have resolved that his seat is vacant, or

• (c) where the petition questions an election under the local government Act, resigns or otherwise ceases to hold the office to which the petition relates,

notice of any of those matters shall be given in the constituency or local government area to which the petition relates, and, within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election may apply to a member of the election court or to the High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed three.

• (2) The notice to be given under subsection (1) above in any local government area shall be such as may be prescribed.

• (3) A respondent who has given the prescribed notice that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings on the petition, and if the petition relates to a parliamentary election he shall not sit or vote in the House of Commons until the House of Commons has been informed of the report on the petition.