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Paragraph 40

Original text. Later amendments are not shown.

(1)

The Election Petition Rules 1960 apply for the purposes of a recall petition and have effect—

(a)

with the modifications made by this Part of this Schedule, and

(b)

with any other necessary modifications.

(2)

Except where the context requires otherwise—

(a)

a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;

(b)

expressions are to be construed in accordance with regulation 3 (interpretation) of these Regulations.

(3)

A reference in a provision of the Rules as applied by this Part of this Schedule—

(a)

to a parliamentary election petition (however expressed), other than the reference in the definition of “rota judge” in rule 2(2), has effect as if it were a reference to a recall petition complaint;

(b)

to a returning officer has effect as if it were a reference to the petition officer (within the meaning of section 6 of the Act) for the recall petition to which a petition complaint relates;

(c)

to a petitioner, has effect as if it were a reference to a complainant.