Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

Initiation of proceedings

3.11.2—(1) The election petition shall be lodged with the sheriff clerk of a sheriff court district within which the election questioned has taken place.

(2) The sheriff clerk shall without delay transmit it to the sheriff principal who shall forthwith appoint–

(a) the time and place for trial of the petition;

(b) the amount of the security to be given by the petitioner; and

(c) if he thinks fit, answers to be lodged within a specified time after service.

(3) Service in terms of section 136(3) of the Act (security for costs)(1) shall be effected–

(a) personally within–

(i) 5 days; or

(ii) such other period as the sheriff principal may appoint,

of the giving of security; or

(b) by first class recorded delivery post within–

(i) 5 days; or

(ii) such other period as the sheriff principal may appoint,

of the giving of security.

(1)

Section 136 was amended by the Representation of the People Act 1985 (c. 50), Schedule 4, paragraph 48.