Representation of the People Act 1983

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, £1000; and

(b) in the case of a petition questioning an election under the local government Act, such amount not exceeding £500 as the High Court, or a judge of the High Court, 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; but in Scotland—

(i) the amount mentioned in paragraph (b) above shall be such amount not exceeding £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, 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.

(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.

(5) In the case of an election under the local government Act—

(a) in subsection (3) above, the service shall be in the prescribed manner;

(b) in that subsection and subsection (4) above, the periods mentioned shall be five days and not as prescribed.

(6) An objection to a recognisance shall be decide 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.

(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.