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THE SCHEDULE

Legislative History

 
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On 19/05/2013, you requested for the version in force on 19/05/2013 incorporating all amendments published on or before 19/05/2013. The closest version currently available is that of 01/10/2007.
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Substitution of another plaintiff
27.
—(1)  On the hearing of the application for withdrawal of an application under section 71, any person who might have been a plaintiff in respect of the election to which the application under section 71 relates may apply to the Judge to be substituted as a plaintiff for the original plaintiff desirous of withdrawing the application under section 71.
(2)  The Judge may, if he thinks fit, substitute for the original plaintiff any such person applying under paragraph (1) to be so substituted (referred to hereinafter as the substituted plaintiff); and may further, if the proposed withdrawal is, in the opinion of the Judge, induced by any corrupt bargain or consideration, by order direct that —
(a)
the security given on behalf of the original plaintiff shall remain as security for any costs that may be incurred by the substituted plaintiff; and
(b)
to the extent of the sum named in the security the original plaintiff shall be liable to pay the costs of the substituted plaintiff.
(3)  If no such order is made with respect to the security given on behalf of the original plaintiff, security to the same amount as would be required in the case of a new application under section 71, and subject to the like conditions, shall be given by or on behalf of the substituted plaintiff within 3 days after the order of substitution, and he shall proceed no further with the application under section 71 until the security is given.
(4)  Subject to paragraphs (1), (2) and (3), a substituted plaintiff shall stand in the same position as nearly as may be, and be subject to the same liabilities as the original plaintiff.
(5)  If the application under section 71 is withdrawn, the plaintiff shall be liable to pay the costs of the defendant.