Modifications etc. (not altering text)
C1Pt. 3 applied (with modifications) (E.W.) by S.I. 1987/1, rules 2, 6 and S.I. 1986/2215, rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule1(4), Sch. 1)
Pt. 3 applied (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 2(2), 11(2)
Pt. 3 extended (28.4.1999) by S.I. 1999/1214 reg. 5(3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)
Pt. 3 extended (9.4.2001) by S.I. 2001/1184 reg. 7(2)
Pt. 3 extended (E.W.) (1.2.2002) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (S.I. 2002/185), reg. 6
C2Pt. 3: power to apply conferred (S.) (14.9.2006) by Local Governance (Scotland) Act 2004 (asp 9), ss. 3(4), 17(2); S.S.I. 2006/470, art. 2
C3Pt. 3 modified (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rule 1(2)(3), 6
C4Pt. 3 applied in part (with modifications) (S.) (17.2.2007 except for specified purposes) by The Scottish Local Government Elections Order 2007 (S.S.I. 2007/42), art. 4
C5Pt. 3 (ss. 120-186) applied (S.) (12.10.2009) by The Health Board Elections (Scotland) Regulations 2009 (S.S.I. 2009/352), reg. 6
C6Pt. 3 applied in part (10.11.2011 except for the purposes of any election to be held on or before 2.5.2012) by The Scottish Local Government Elections Order 2011 (S.S.I. 2011/399), arts. 1(1), 4
C7Pt. 3 applied (with modifications) (E.W.) (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), arts. 1, 7
C8Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)
C9Pt. 3 applied (with modifications) (4.3.2016) by The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295), reg. 1, Sch. 4 Pt. 1 (with Sch. 4 para. 2) (as amended (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 10(23))
(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, [F1such amount not exceeding £5,000 as the High Court or a judge of the High Court, [F2directs 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 [F3£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)[F4the 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 [F5£2,500] as the election court or the sheriff directs; and
(ii)the persons finding caution for that amount may exceed four.
[F6(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, F7. . . 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.
F8(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 F9. . . , 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.
Textual Amendments
F1Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 48(a)
F2Words in s. 136(2) substituted (16.2.2001) by 2000 c. 41, s. 138(1)(2), Sch. 18 para. 19(4), with s. 156(6)); S.I. 2001/222, art. 2, Sch. I Pt. I (with Sch. 1 Pt. II)
F3"£2,500" substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 48(b)
F4Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 48(c)(i)
F5"£2,500" substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 48(c)(ii)
F6S. 136(3) substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 48(d)
F7Words repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 48(e)(i), Sch. 5
F8S. 136(5) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 48(e)(ii), Sch. 5
F9Words repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 48(e)(iii), Sch. 5
Modifications etc. (not altering text)
C10S. 136 applied (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I
S. 136 applied (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C11S. 136 applied (with modifications) (N.I.) (4.5.1996) by Elections (Northern Ireland) Order 1996 (S.I. 1996/1220), art. 3(1)(b)(5)-(8), Sch. 1
S. 136 applied (with modifications) (11.3.1999) by The Scottish Parliament (Elections etc.) Order 1999 (S.I. 1999/787), art. 85(1)-(3), Sch. 6 Pts. I, II (which S.I. was revoked (21.11.2002 except for specified purposes) by S.I. 2002/2779, arts. 1, 2 (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a)))
S. 136 applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 15(8), Sch. 5 (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)
S. 136 applied (with modifications) (2.4.2001) by The Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298), reg. 19(8), Sch. 6
S. 136 applied (with modifications) (21.11.2002 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2002 (S.I. 2002/2779), arts. 1, 81, Sch. 6 Pts. I, II (which S.I. was revoked (15.3.2007) by S.I. 2007/937, art. 2(a))
S. 136 applied (with modifications) (15.3.2007 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937), arts. 1, 83, Sch. 6 Pts. I, II
S. 136 applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), reg. 15, Sch. 6
C12S. 136 applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 11, Sch. 5
C13S. 136 applied (with modifications) (1.8.2001) by The Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
C14S. 136 applied (with modifications) (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 84(1)(3), Sch. 6 Pt. 1 (with art. 1(2)(3))
C15S. 136 applied (with modifications) (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 84(2)(3), Sch. 6 Pt. 2 (with art. 1(2)(3))
C16S. 136 applied (with modifications) (E.W.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 6
C17S. 136 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 6 (with reg. 27)
C18S. 136 applied (with modifications) (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 50(6), Sch. 9 para. 1(5)
C19S. 136 applied (with modifications) (S.) (16.12.2015) by The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), arts. 1(1), 82(1)(3), Sch. 6 Pt. 1 (with art. 1(2))
C20S. 136 applied (with modifications) (S.) (16.12.2015) by The Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425), arts. 1(1), 82(2)(3), Sch. 6 Pt. 2 (with art. 1(2))
C21S. 136(2)(b) applied (with modifications) (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rule 6(b)
C22S. 136(2)(b) applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(2) (with rule 2)