Article 94 Security for costsI1

England and Wales

(1)

The petitioner must, at the time of presenting or within 3 days after presenting the Senedd election petition, give security for all costs which may become payable by them to—

(a)

any witness summoned by the petitioner, or

(b)

any respondent.

(2)

On an application by the petitioner, the security must be of the amount directed by the High Court, or a judge of the High Court, and must not exceed £5,000.

(3)

The security must be given in the prescribed manner by—

(a)

recognizance entered into by not more than four sureties,

(b)

a deposit of money, or

(c)

a combination of sub-paragraphs (a) and (b).

(4)

After giving the security, the petitioner must, within the prescribed time and manner, serve on the respondent and any other prescribed party—

(a)

notice of the petition,

(b)

notice of the amount and nature of the security,

(c)

a copy of the petition, and

(d)

any affidavit accompanying any recognizance.

(5)

The respondent may object in writing, in the prescribed manner, to any recognizance on the ground that—

(a)

any surety—

(i)

is unable to meet the recognizance they have entered into,

(ii)

is deceased, or

(iii)

cannot be found or identified due to an insufficient description in the recognizance, or

(b)

that a person named in the recognizance has not acknowledged the recognizance.

(6)

Any objection to a recognizance must be decided in the prescribed manner by the court or prescribed officer.

(7)

If the objection is allowed, the petitioner may remove it by depositing, in the prescribed manner, a sum of money that will, in the opinion of the court or the prescribed officer, make the security sufficient.

(8)

If no security is given, or if any objection is allowed and not removed as set out in paragraph (7), the petition must not proceed.

Annotations

Commencement

I1: Art. 94 in force at 18.7.2025, see art. 1(2)