Electoral Law Act (Northern Ireland) 1962

Provisions as to security for costs N.I.

7 (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. N.I.

(2) The security shall be—

(a) in the case of a parliamentary election petition, an amount of one thousand pounds; and

(b) in the case of a local election petition, such amount not exceeding[F1 £2,500] as the High Court, or a judge thereof, on summons, directs;

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.

(3) Within the prescribed time, not exceeding five days after the presentation of the petition, the petitioner shall serve on the respondent a notice of the presentation of the petition, and of the nature of the proposed security, and a copy of the petition.[F1 In respect of a petition relating to a local election the following provisions shall have effect in substitution for the foregoing provisions of this sub‐paragraph:

“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, not exceeding five days after service of the notice, 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.[F1 In respect of a petition relating to a local election this sub‐paragraph shall have effect as if the words, not exceeding five days after service of the notice, were omitted.]

Subs. (5) rep. by SI 1987/168

(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 not exceeding five days, 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.[F1 In respect of a petition relating to a local election this sub‐paragraph shall have effect as if the words not exceeding five days were omitted.]

(8) If no security is given as required by this paragraph or any objection is allowed and not removed as aforesaid, no further proceedings shall be had on the petition.

F1 SI 1987/168