Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Miscellaneous) 2011

Election petitions

2.—(1) The Rules are amended in accordance with the following subparagraphs.

(2) In rule 69.1 (interpretation of Chapter 69)(1)—

(a) after the definition of “the Act of 1983” insert —

““the 2004 Regulations” means the European Parliamentary Elections Regulations 2004”(2);

(b) for the definition of “election petition” substitute—

““election petition” means a petition presented under—

(a)

section 121 of the Act of 1983 (whether or not the petition also includes any application under section 167 of the Act of 1983);

(b)

section 121 of the Act of 1983 as applied and modified by article 84 of, and Schedule 6 to, the Scottish Parliament (Elections etc.) Order 2010(3) (whether or not the petition also includes any application under section 167 of the Act of 1983, as so applied and modified); or

(c)

regulation 89 of the European Parliamentary Elections Regulations 2004(4) (whether or not the petition also includes any application under regulation 108 of those Regulations).”.

(3) In rule 69.2(2) (form of election petitions)—

(a) in subparagraph (a)(ii), after “the Act of 1983” insert “or regulation 89(2) of the 2004 Regulations, as the case may be”; and

(b) in subparagraph (b)(i), after “the Act of 1983” insert “or regulation 89(1) of the 2004 Regulations”.

(4) In rule 69.4 (security for expenses)—

(a) in paragraph (1)(b), after “the Act of 1983” insert “or regulation 94(4) of the 2004 Regulations”; and

(b) in paragraph (3), after “the Act of 1983” insert “or regulation 94 of the 2004 Regulations”.

(5) In rule 69.5 (service and intimation of election petition)(5)—

(a) in paragraphs (1) and (2), after “the Act of 1983” insert “or regulation 94(3) of the 2004 Regulations”; and

(b) in paragraph (3), after “the Act of 1983” insert “or regulation 94 of the 2004 Regulations”.

(6) In rule 69.6 (objections to form of security)—

(a) in paragraph (1), after “the Act of 1983” insert “or regulation 94(4) of the 2004 Regulations”; and

(b) in paragraph (3), after “the Act of 1983” insert “or regulation 94(6) of the 2004 Regulations”.

(7) In rule 69.12(1) (evidence under section 139(5) of the Act of 1983)(6), after “the Act of 1983” insert “or regulation 96(4) of the 2004 Regulations”.

(8) In rule 69.17 (expenses of witnesses), in paragraphs (1), (2) and (3), after “the Act of 1983” insert “or regulation 99(1) of the 2004 Regulations”.

(9) In rule 69.18 (applications for special case), after “the Act of 1983” insert “or regulation 101(1) of the 2004 Regulations”.

(10) In rule 69.19 (applications for leave to withdraw election petitions)(7), after “the Act of 1983” insert “or regulation 102(2) of the 2004 Regulations”.

(11) In rule 69.28 (expenses in election petitions), after “the Act of 1983” insert “or the 2004 Regulations”.

(12) In the Appendix—

(a) for Form 69.2 (form of Parliamentary, European Parliamentary or Scottish Parliamentary election petition) substitute the Form set out in Schedule 1 to this Act of Sederunt;

(b) in the headings to Form 69.4 (form of bond of caution in election petition), Form 69.15 (form of warrant to cite witnesses in election petition), Form 69.19-A (form of notice of intention to withdraw election petition) and Form 69.19-B (form of application for leave to withdraw election petition), after “Representation of the People Act 1983” insert “[or the European Parliamentary Elections Regulations 2004]”;

(c) in Form 69.4, after “section 136 of the Representation of the People Act 1983” insert “[or regulation 94 of the European Parliamentary Elections Regulations 2004]”; and

(d) for Form 69.5 (form of notice of the presentation of an election petition and of the nature of the proposed security) substitute the Form set out in Schedule 2 to this Act of Sederunt.

(1)

Rule 69.1 was amended by S.I. 1999/787, 2007/937 and 2010/2999.

(2)

S.I. 2004/293, last amended by S.I. 2011/2085.

(3)

S.I. 2010/2999.

(4)

Regulation 89 was amended by S.I. 2009/186.

(5)

Rule 69.5 was amended by S.I. 1999/1386 and S.S.I. 2009/450.

(6)

Rule 69.12 was amended by S.I. 1999/1386.

(7)

Rule 69.19 was amended by S.I. 1999/787 and 1999/1386.