Certificated Bailiffs A Guide

Transcription

1 Certificated Bailiffs A Guide September 2006

2 Contents 1. INTRODUCTION APPLICATION FOR CERTIFICATE THE CERTIFICATE THE SECURITY COMPLAINTS REGISTER OF CERTIFICATED BAILIFFS PRIVATE BAILIFFS...6 ANNEX 1 - FORMS...7 FORM 1 BAILIFF S CERTIFICATE...7 FORM 3 APPLICATION FOR CERTIFICATE TO LEVY DISTRESS...8 FORM 3A NOTICE OF RENEWAL OF CERTIFICATE...9 FORM 4 COMPLAINT AGAINST A CERTIFICATED BAILIFF...10 FORM 5 NOTIFICATION TO THE COUNTY COURT OF A COMPLAINT UPHELD AGAINST A CERTIFICATED BAILIFF...11 FORM 5E REQUEST FOR SEARCH IN CERTIFICATE BAILIFF S REGISTER...12 FORM 6 CANCELLATION OF BAILIFF S CERTIFICATE...13 FORM 7 NOTICE OF SEIZURE OF GOODS AND INVENTORY...14 FORM 8 FORM OF WALKING POSSESSION AGREEMENT (REQUEST NOT TO REMOVE GOODS)...16 FORM 9 REMOVAL EXPENSES...17 FORM EX10 CENTRAL REGISTER OF CERTIFICATED BAILIFFS...17 ANNEX 2 DISTRESS FOR RENT RULES ANNEX 3 DISTRESS FOR RENT (AMENDMENT) RULES ANNEX 4 TABLE OF ISSUING COUNTY COURTS...26 September 2006

3 1. Introduction 1.1 A person who is authorised by a judge to hold a certificate is commonly known as a Certificated Bailiff. The certificate is granted by a county court Circuit Judge under the Distress for Rent Rules 1988 as amended by the Distress for Rent (Amendment) Rules 1999 and enables a bailiff to levy distress for rent, road traffic debts, council tax and non-domestic rates anywhere in England and Wales. 1.2 A copy of the rules is at Appendix 2 and the amended rules at Appendix 3. They set out the procedures for: applying for a certificate complaining about the fitness of a bailiff to hold a certificate cancelling a certificate. 1.3 A judge is prohibited from granting a certificate to an applicant who fails to satisfy the court that: s/he is a fit and proper person to hold a certificate s/he possesses a sufficient knowledge of the law of distress s/he is not involved in the business of buying debts. 1.4 A certificated bailiff cannot enforce collection of money due under High Court or County Court orders. 1.5 HMCS and several other Government Departments have amended their rules to stipulate that certificated bailiffs must be used. For example in cases where HMCS Magistrates Court enforcement processes are contracted out to private companies under the terms of the contract between HMCS and private enforcement companies only certificated bailiffs must be used to enforce magistrates court warrants. Similarly, collection of road traffic debts is now governed by the Enforcement of Road Traffic Debts (Certificated Bailiffs Regulations) Application for Certificate 2.1 The applicant must apply to the nearest issuing County Court for of their main place of business or residence. The applicant must supply the following: Form 3 application Application for a Certificate to Levy Distress (dated 8/99) Court fee (as specified within Civil Proceedings Fees Order 2004) Two references (one of which may be from the applicant s employer or an approved officer of the Enforcement Services Association (ESA) or the Association of Civil Enforcement Agencies (ACEA) which confirm September

4 the applicant s knowledge of the law of distress and his/her previous experience of levying distress. A certified copy not more than one month old, of a criminal record search made against the applicants' full name and home address. A certified copy, not more that one month old, of the result of a search of the Register of County Court Judgments against the applicant s full name and home and business addresses for the last 6 years. Two passport sized photographs. Copies of the forms intended to be used by the applicant when levying distress, which should conform to the design and layout as prescribed by appendix 2 of the Rules, which are set out in Appendix 1 of this guidance. Evidence that the applicant has lodged in court by way of a bond or deposit, security-totalling 10, All applications must be exhibited in the public area of the court for 60 days prior to the hearing to allow any person to contact the court and make representations as to way the applicant should not be granted a certificate. All applicants must attend the hearing for examination under oath. 2.3 The applicant is also required to advertise his/her application by way of a notice in a local newspaper from the issuing court s approved list (see 2.5). The notice must appear in 3 separate editions of the newspaper during the 60 days prior to the hearing. Copies must be lodged with the court not less than 3 days before the hearing. 2.4 The applicant must word the notice as follows: Notice is hereby given that {name} of {business name and address} has applied to the judge at {Name of Court} County Court for a Bailiff s Certificate. Any person who knows of a reason why {name} is not a fit and proper person to be granted a certificate should write to the Court Manager at {name and address of county court} before {date of hearing} 2.5 Each issuing court must compile and maintain a list of appropriate newspapers published within its area for this purpose. Copies of the list must be exhibited in the public area of the court, and given to members of the public on request. 2.6 The Judge shall not grant a certificate to any applicant who fails to satisfy the Judge, that: (i) (ii) they are a fit and proper person to hold a certificate; and they possesses a sufficient knowledge of the law of distress; OR who carries on or will be employed in any business, which includes buying debts. September

5 2.7 Applications for a general certificate in Form 3 shall not be granted except on the personal attendance of the applicant and his examination on oath at the hearing of the application. 2.8 No certificate shall be granted to any officer of a court. Should a certificated bailiff apply to become a court bailiff his/her certificate must first be cancelled (Rule 5(3)). 3. The Certificate 3.1 The certificate is valid for 2 years and must be surrendered to the issuing court on expiry. If a bailiff wants to renew it s/he must make an application for renewal at the appropriate issuing court following the same procedure, using the same application form (Form 3) as before, and paying the appropriate fee. 3.2 A certificate may only be cancelled by order of a County Court Judge. If the certificated bailiff leaves his/her employers the certificate is still valid because certificates are issued to the individual and not the firm. If the bailiff starts working on his/her own or moves to another employer then the certificate is still valid until the date of expiry. On occasion however, if the employment is terminated the firm concerned may return the certificate to the court that issued it, in which case it should be referred to the judge for directions. 3.3 If the bailiff ceases to carry on business as a bailiff, s/he must surrender the certificate to the issuing court. The certificate is treated as expired from the date of surrender. 3.4 If a judge cancels a certificate it should be returned to the court by the bailiff and placed on the file. If the cancellation is made at a hearing and the bailiff is in attendance, it must be handed back to the court there and then. 3.5 Although it is the responsibility of the bailiff to advertise his/her intention to apply for a certificate, on cancellation the court must place a notice in the appropriate newspapers. (Those being the ones in which the bailiff placed the original notice.) 3.6 All advertisement costs are met by the bailiff. If a deposit has been paid into court the cost should be deducted and the balance returned to the bailiff. In the event there is no deposit held by the court a letter approved by the judge should be sent to the bailiff. The bailiff should be given 14 days to pay, and if no response is received payment may be enforced by order of the court in the same manner as any debt in a county court. 3.7 From the date of expiry or cancellation the bailiff will no longer be able to levy, but does not affect any levies that s/he made prior to the date of expiry or cancellation. 3.8 If there is any change in the bailiff s details, e.g., name or address, s/he should inform the court immediately in writing returning the certificate. The papers should be passed to a circuit judge who will consider authorising a replacement certificate. It is in all respects the same as the old certificate (including the expiry date). The court retains the old certificate on file. No fee is payable by the bailiff for this service September

6 3.9 If a certificate is lost the bailiff should inform the issuing court. A judge can issue a replacement however the bailiff should first satisfy the court that s/he has taken all steps to recover the original certificate. 4. The Security 4.1 When applying for a certificate the bailiff must either pay into court by way of a deposit, or produce evidence that there is existing by way of a bond, the sum of 10,000. This is known as security and is insurance for performance of the bailiff s duties. It is also used to cover any reasonable costs, fees and expenses incurred in the investigation of any complaint lodged against the bailiff or in the cancellation of his/her certificate. 4.2 Where a deposit is lodged in Court the provisions of the Court Funds Rules shall apply. 4.3 The bailiff must maintain the security throughout the duration of the certificate. If at any time the security ceases or is reduced in value so that totals an amount less than 10,000 the bailiff is required to provide fresh security to the satisfaction of the judge. 4.4 Companies belonging to the Enforcement Services Association (ESA) or the Association of Civil Enforcement Agencies (ACEA) arrange the security for their employees. Therefore, when the bailiff leaves employment the company will cancel the bond and the association will inform the issuing court. If this happens the file must be referred to the judge for directions. 5. Complaints 5.1 A person can complain about a certificated bailiff by telephoning or writing to: the firm the bailiff works for; the organisation who employed the bailiff to act on their behalf; the Magistrates Court that issued the enforcement order (if applicable); the Enforcement Services Association (ESA), or the Association of Civil Enforcement Agencies (ACEA) who are responsible for promoting higher standards within the profession. Information regarding the ACEA and ESA complaints procedure can be obtained by writing to: The Director General Association of Civil Enforcement Agencies (ACEA) Kensington House 33 Imperial Square Cheltenham Gloucestershire GL50 1QZ Telephone: Website: September

7 The Executive Director Enforcement Services Association Park House 10 Park Street Bristol BS 5HX Telephone: Website: Some organisations, for example local authorities have complaints procedures in place and information on how to complain can be obtained from them. Once a complaint has been investigated a report of the findings should be sent to the issuing court using Form 5 Notification to County Court of Complaint upheld against Certificated Bailiff ). The Process 5.3 Any complaint based on the Conduct or Fitness of a certificated bailiff can only be dealt with at the county court where the certificate was granted. The complainant should complete Form 4 Complaint against Certificated Bailiff ) setting out all the relevant details. No fee is payable. 5.4 On receipt of a complaint, the court must copy it to the bailiff concerned and ask for a written reply within 14 days. If the bailiff provides a response that satisfies the judge as to his/her fitness to continue to hold a certificate then no further action is taken in respect of the complaint. Both the bailiff and complainant must be informed in writing of the judges decision. If, however, the judge has concerns then a date should be set for the bailiff to attend court and show cause why his/her certificate should not be cancelled. The complainant should be informed of the hearing date should s/he wish to attend. 5.5 The complainant may apply to the issuing court for the complaint to be dealt with in the nearest court, which has jurisdiction to issue certificates, to where s/he resides. This should be done at least 14 days before the hearing. 5.6 At the hearing the judge may, whether the bailiffs certificate is cancelled or not, make an order that the security is forfeit either wholly or in part and be paid to the complainant as compensation. Similarly, the judge may direct that any costs, fees and expense incurred by the court be paid from the security. Where the judge orders forfeiture of security but does not cancel the bailiff s certificate an order may be made directing that fresh security be provided. 5.7 Information for the public can be obtained from the leaflet About Bailiffs and Enforcement Officers (EX 345) 6. Register of Certificated Bailiffs 6.1 Each issuing court must compile and maintain a list/register of appropriate bailiff names and newspapers in which details were advertised. Please note that details of bailiff s residential addresses must not be disclosed. 6.2 Copies of the list must be exhibited in the public area of the court and given to members of the public on request. September

8 6.3 Each Court is required to complete a full check of information held regarding bailiffs certificated in that court. These checks are completed twice a year in February and August, copies of all returns on Form EX10 (Appendix 1) are required to submit the return to the Enforcement Programme. 6.4 The Enforcement Programme at HMCS Headquarters maintains a Register of certificated bailiffs names provided by each court. It records the bailiff s name, the issuing court, the date the certificate was granted and whether the bailiff is self-employed or works for a firm. 6.5 The Register is updated constantly by the Enforcement Programme and accordingly they must be informed each time there is an application for, or amendment or cancellation of a certificate. 6.6 Under the Data Protection Act members of the public may use the Register to discover which court issued a certificate to a particular bailiff. Details of bailiff s residential addresses must not be disclosed. 6.7 Courts may contact the Enforcement Programme (details below) to search the Register when they receive a complaint or request for certificate to see if there is any information that may assist a Judge when hearing applications etc. Her Majesty s Courts Service Enforcement Programme 4 th Floor, Steel House 11 Tothill Street London SW1H 9LH Tel: / Private Bailiffs 7.1 Non-certificated bailiffs, or private bailiffs, are not the same as certificated bailiffs. They do not need to obtain a certificate from a County Court Judge. 7.2 Private bailiffs may recover the money owed for a variety of debts be seizing and selling goods, but they cannot levy for distress for rent, road traffic debts, council tax or non-domestic rates. They also cannot enforce the collection of money due under High Court, County Court or Magistrates Court orders. Anyone can become a private bailiff, as there are no rules, regulations or governing bodies that regulate private bailiffs. 7.3 Complaints relating to private bailiffs must be made to the firm the bailiff works for or the organisation that employed the bailiff to act on their behalf. 7.4 Information for the public can be obtained from the leaflet About Bailiffs and Enforcement Officers (EX 345). September

9 September 2006 Appendix 1 - Forms

10 Form 1 Bailiff s Certificate Bailiff s General Certificate In the County Court PHOTO Mr/Mrs/Miss/Ms. of... Tel No.. Signature. Dated is authorised to levy distress in England and Wales* Signed Judge... of the County Court Date 19 This certificate expires on *(In accordance with Section 7 of the Law of Distress Amendment Act 1988 and Section 3 of the Law of Distress Amendments Act 1895 and the Rules made thereunder The Court office is at Rent 1 Tel No September

11 Application for Certificate to Levy Distress Please complete this form in BLOCK CAPITALS In the County Court Are you applying for A first general certificate to levy distress as appropriate A renewal of a general bailiff s certificate Part 1 1. Full name 2a. Home address Date of birth 2b.Business address Telephone N 0. Telephone N 0. as appropriate 2c. Which address is to be used for the purposes of this application Business Home 2d. Does your area of business extend beyond the district of the court Yes No at which the application was made? 3a. Have you ever applied for and been refused or had cancelled a Yes No general or special certificate? 3b. If YES, please answer the following questions Court to which the application was made date the application was refused or Court at which the certificate was cancelled date of the cancellation 4. Are you a. In business alone (i.e. a sole trader) Yes No click as appropriate b. partner in a firm? Yes No If YES please give Full names of all partners Principal place of business Form 3 Application for a Certificate to Levy Distress Rent 3 (8/99) Part 1 continues overleaf

12 Part 1 cont d 4c. Are you employed by a firm or company? Yes No as appropriate If YES, please state Full names of all principals or directors Full name of secretary Business office and registered office address(es) where appropriate 4d. employed or self-employed as an agent in any other type of organisation? (e.g. Local Authority) Yes No as appropriate If YES, please give full names of persons reponsible for full name(s) and address(es) for all management of levying distress for rent persons authorised to accept notices Levy distress Notices 5. Do you hold a licence under the Consumer Credit Act 1974? Yes No as appropriate If YES, please give reference number of licence 6. A certificate cannot be issued to any person who carries on the business of buying debts. If the business in which you would be employed is in the business of buying debts, give full details here. 7. What is the nature, and the general purpose, of the business in which you are engaged. Form 3 Application for a Certificate to Levy Distress Rent 3 (8/99)

13 Part 2 8. Have you been convicted of any offence involving fraud or other dishonesty or violence? (The Rehabilitation of Offenders Act 1974 applies to this question) Yes No If YES, please state Date of conviction Place of conviction or order 9. Have you, as an individual or a partner of a firm had In support of your answer (Yes OR No) you must exhibit a certified copy, not more than a month old, of a search made against your full name and your home address as appropriate a statutory demand served upon you under the Insolvency Act 1986? a bankruptcy order made against you? an order made against you and not been discharged from bankruptcy? Yes No If YES, give full details below as appropriate 10. Have you, as a director or secretary of a company or when responsible for the management of affairs of any organisation, within the last 3 years, had an administrator or administrative receiver or manager appointed, had a winding up petition presented to a court, or passed a resolution for voluntary winding up? as appropriate Yes No N/A If YES, give full details below as appropriate 11. Have you ever had judgment entered or order made against you either in the High Court or in a county court? Yes No In support of your answer (Yes OR No) you must exhibit a certified copy, not more than a month old, of a search of the Register of County Court Judgments against your full name and your home and business addresses for the last six years. Form 3 Application for a Certificate to Levy Distress Rent 3 (8/99)

14 Part 3 The judge can only grant a certificate if satisfied that you are a fit and proper person and have a sufficient knowledge of the law of distress. 12. Please give any information below which may assist the judge in considering your case, for example evidence of knowledge of the law of distress. The successful completion of the examination of the Certified Bailiffs Association will be accepted as evidence here.* previous employment record* educational or professional qualifications* * enclose certified copies of these qualifications or any other documents which may assist the judge 13.You must also give two referees one of whom may be your employer or an approved officer of the Certificated Bailiffs Association of England and Wales, one of whom must know of your knowledge of the law of distress and previous experience of the levying of distress. Details should be given below or, if in confidence, be sent to the District Judge of the county court dealing with this application. First referee Second referee Name Address Name Address The applicant must ensure that the two references are sent to the court; the application will not be considered until both references are received. When the references are received the court will exhibit a notice of your application. Your application can be heard 60 days after the notice is exhibited. Part 4 as appropriate I apply for a general certificate Yes No I apply to renew a general certificate Yes No as appropriate I enclose a. certified copy of search of Register of Couny Court Judgments Yes No b. two references Yes No c. two passport size photographs of myself Yes No d. the fees of... Yes No e. copies of the prescribed forms which I intend to use when levying distress Yes No EITHER I enclose a bond and/or deposit totalling 10,000 Yes No OR There is a subsisting bond and/or deposit totalling 10,000 Yes No lodged in court Form 3 Application for a Certificate to Levy Distress Rent 3 (8/99)

15 Part 5 I will not levy distress at any premises in respect of which I am regularly employed to collect rent. I, (name) make oath/affirm* and say that to the best of my knowledge the particulars contained in this application and the above statements are true. Signed Sworn or affirmed at in the county of This day of [19 ][20 ] Before me Proper Officer appointed by the judge to take affidavits *delete as preferred Part 6 To be completed by the court Two references received Yes No Notice of this application displayed on You must attend when the Judge will hear your application at County Court on (date) at a.m / p.m (delete as appropriate) Form 3 Application for a Certificate to Levy Distress Rent 3 (8/99)

16 Notification of Renewal of Bailiff Certificate In the County Court Bailiff s full name The certificate originally issued to of was renewed on Note below any of the bailiff s personal details which have changed since the previous form RENT 3A (or EX10) was submitted Please send the completed form to: Her Majesty's Courts Service, The Enforcement Programme, Business Re-design Team, 4 th Floor, Steel House, 11 Tothill Street, London SW1H 9LH. RENT3A Notice of renewal of certificate (06.06)

17 Form 4 Complaint against a Certificated Bailiff COMPLAINT AGAINST A CERTIFICATED BAILIFF [Distress for Rent Rules 1988 Rule 8] Name of Bailiff Name of his/her firm/company This page should be completed by the person making the complaint. When you have done so, send it to the county court where the bailiff obtained his/her certificate. If you do not know which court this is, please telephone the HM Courts Service Headquarters, Enforcement Programme, on , where staff will be able to tell you. Details of the complaint (please include details of when and where the action(s) complained of took place). [Please continue on an additional page if necessary] Address Postcode Type of debt bailiff was trying to enforce (council tax, fine, child support, maintenance, road traffic, rent arrears etc) Who is the debt owed to? (the name of the local authority, the magistrates court, the CSA office, etc). Any reference number used by the bailiff Your name Your address Postcode Your signature Date Form 4 Complaint against a certificated bailiff (8/99) September

18 Form 5 Notification to the county court of a complaint upheld against a Certificated Bailiff NOTIFICATION TO THE COUNTY COURT OF A COMPLAINT UPHELD AGAINST A CERTIFICATED BAILIFF [Distress for Rent Rules 1988 Rule 8] This page should be completed by the appropriate organisation. When you have done so, send it to the county court where the bailiff obtained his/her certificate. If you do not know which court this is, please telephone the HM Courts Service Headquarters, Enforcement Programme, on , where staff will be able to help you. Name of bailiff Name and address of bailiff firm/company Postcode Nature of complaint (please indicate what type of debt the bailiff was enforcing) Action taken To your knowledge, has this complaint been investigated by any other organisation? Is the bailiff still enforcing your warrants? If so, please state whether it was the bailiff s employer, the creditor, a trade association or professional body, or any other body (state which). Signature Date Name Address Tel/Fax number Postcode Form 5 Notification to the county court of a complaint upheld against a certificated bailiff (8/99) September

19 Form 5E Request for search in Certificate Bailiff s Register Request for search in Certificated Baillifs Register To: Enforcement Programme HM Courts Service Headquarters 4 th Floor, Steel House 11 Tothill Street London SW1H 9LH In the County Court DX: Westminster 6 Our ref: The enclosed application was received today. Your ref: Would you please search the Central Register for any information that may affect the judge s decision to grant a certificate in this case. The application is due to be heard on at the County Court Signature Full Name Tel: Your ref: Our ref: Thank you for your enquiry regarding the application for a bailiff s certificate by (applicant s name) We do not have any information that may affect the judge s decision. Please bring the attached information to the attention of the judge. Please forward details of the outcome of this application to HM Courts Service, Enforcement Programme, 4th Floor, Steel House, 11 Tothill Street, London, SW1H 9LH. This information is required pursuant to the notes to Rule 13 of the Distress for Rent Rules Signature Full name Date. RENT 5E: Request for search in Certified bailiffs register September

20 Form 6 Cancellation of Bailiff s Certificate FORM 6 Cancellation of Bailiff s Certificate In the. County Court Please complete this form in BLOCK CAPITALS (Full name of bailiff) The certificate granted to... (Bailiff s address) of. Tel No.. to act as a bailiff levy8ing distress for rent in England and Wales is cancelled. This cancellation does not affect any distress where he or she entered into possession before today s date. Seal Signed... Judge Date 20. Rent 6 September

21 Form 7 Notice of Seizure of Goods and Inventory September

22 September

23 Form 8 Form of walking possession agreement (Request not to remove goods) September

24 Form 9 Removal Expenses September

25 Form EX10 Central Register of Certificated Bailiffs Register of Certificated Bailiffs County Court Title Mr/Mrs ect Surname Forename & Initials Business Address (inc name if firm if any) Date Granted Ex10 Central Register of Certificated Bailiffs September

26 Appendix 2 Distress for Rent Rules 1988 September 2006

27 1988 No (L.25) DISTRESS The Distress for Rent Rules 1988 Made 21st November 1988 Coming into force 1st February 1989 The Lord Chancellor, in exercise of the powers conferred on him by section 8 of the Law of Distress Amendment Act 1888, and section 3 of the Law of Distress Amendment Act 1895, hereby makes the following Rules: Citation and Commencement 1. These Rules may be cited as the Distress for Rent Rules 1988 and shall come into operation on 1st February Interpretation 2. (1) In these Rules "Judge" means a Judge of a county court; "certificate" means a certificate to act as a bailiff granted under the Law of Distress Amendment Act 1888, as amended by the Law of Distress Amendment Act 1895; "Registrar" means a Registrar of a county court; "Proper officer" shall have the meaning given in the County Court Rules 1981 by virtue of Order 1, rule 3 of those Rules; "lodge in court" shall have the meaning given in the Court Funds Rules 1987; "Court Funds Rules" means the Court Funds Rules (2) A Form referred to by number in these Rules means the Form so numbered in Appendix 2 to these Rules and shall be used with such variations as the circumstances may require. Forms of Certificate 3. (1) A general certificate in Form 1 may be granted only by a Judge and shall authorise the bailiff named in it to levy at any place in England and Wales. (2) A special certificate in Form 2 may be granted by a Judge or Registrar and shall authorise the person named in it to levy only in respect of the distress or distresses to which it applies. Applications for Certificates 4. (1) An application for a general certificate made at a time when the applicant has no current general certificate issued under these Rules, whether or not he has such a certificate issued under Rules in Force prior to the commencement of these Rules, shall be made in Form 3. (2) An application for the grant of a special certificate shall be made in Form 4. (3) An application for a general certificate to be granted upon the expiry of a current general certificate issued under these Rules shall be made in Form 5. (4) Applications under this rule shall be filed in the office of the county court in whose district the applicant has his principal place of business or his main residence, accompanied by the fee prescribed by the County Court Fees Order 1982 for the "commencement of proceedings for any other remedy or relief", and shall be lodged together with: (a) in the case of an application in Form 3, two references, one of which may be from the applicant's employer or an approved officer of the Certificated Bailiffs' Association of England and Wales and shall deal with the applicant's knowledge of the law of distress and his previous experience of levying distress, and (b) in the case of an application in Forms 3 or 5, a certified copy not more than one month old of the result of a search of the Register of County Court Judgments against the applicant's full name and his home and business addresses for the last six years, and September

28 (c) in the case of an application in Forms 3 or 5, two passport sized photographs of the applicant, and (d) in the case of an application in Forms 3 or 5, copies of the Forms 7, 8 and 9 intended to be used by the applicant when levying distress, which shall conform to the design and layout prescribed in Appendix 2, shall be on paper of durable quality and of the size A4 as specified by the International Standards Organisation, and shall be in a clear and legible printed or type-written form. (5) The statements in an application under this rule shall be verified on oath. (6) The applicant shall, if so directed, lodge such further evidence as the Judge or Registrar may reasonably require in support of his application. Granting of Certificates 5. (1) The Judge or Registrar shall not grant a certificate to any applicant, (a) who fails to satisfy the Judge or Registrar, as the case may be, that (i) he is a fit and proper person to hold a certificate, and (ii) he possesses a sufficient knowledge of the law of distress; or, (b) who carries on or will be employed in any business which includes buying debts. (2) An application for a general certificate in Form 3 shall not be granted except on the personal attendance of the applicant and his examination on oath at the hearing of the application. (3) No certificate shall be granted to any officer of a county court. (4) The name and address of all applicants for a general certificate shall be exhibited in the public area of the court office for the 60 days prior to the hearing of the application. Security 6. (1) The applicant shall be required to (a) lodge in court by way of bond or deposit, or (b) satisfy the Judge or Registrar that there is subsisting by way of bond or deposit, security totalling 10,000 in the case of a general certificate or 750 in the case of a special certificate. (2) The security referred to in paragraph (1) above shall be for the due performance of the bailiff 's duties and for any reasonable costs, fees and expenses incurred in the investigation of any complaint lodged against the bailiff, or in the cancellation of his certificate, and shall be applied in accordance with rules 8 and 9. (3) Where a deposit is lodged in court under paragraph (1) above, the provisions of the Court Funds Rules shall apply. Duration of Certificates 7. (1) A general certificate shall, unless cancelled, have effect for the period of two years from the date of its grant. (2) A special certificate shall, unless the Judge or Registrar otherwise directs, have effect for one month from the date of its grant, but shall in no case have effect for a period exceeding two months. Complaints as to fitness to hold a certificate 8. (1) Any complaint as to the conduct or fitness of any bailiff who holds a certificate shall be made to the court from which the certificate issued. (2) Upon receipt of any such complaint as is referred to in paragraph (1), the proper officer shall send written details of the complaint to the bailiff and require him to deliver a written reply to the court office within 14 days thereafter or within such longer time as the court may specify. September

29 (3) If the bailiff fails to deliver the reply within the time specified, or if upon reading the reply the Judge is unsatisfied as to the bailiff's fitness to hold a certificate, the proper officer shall issue a notice summoning the bailiff to appear before the Judge on a specified date and show cause why his certificate should not be cancelled. (4) The proper officer shall send a copy of the notice to the complainant and any other interested party. (5) At the hearing: (i) the bailiff shall attend for examination and may make representations, and (ii) the complainant may attend and make representations. (6) The procedure to be followed at the hearing, including the calling of evidence, shall be such as the Judge considers just, and he may proceed with the hearing notwithstanding that the bailiff has failed to attend. Cancellation of Certificates 9. (1) Following the hearing of any complaint under rule 8 the Judge may, whether he cancels the certificate or not, order that the security shall be forfeited either wholly or in part, and that the amount or amounts directed to be forfeited shall be paid to any complainant by way of compensation for failure in due performance of the bailiff 's duties, costs or expenses or, where costs, fees and expenses have been incurred by the court, to Her Majesty's Paymaster General. (2) Where an order for the forfeiture of the security, either wholly or in part, is made but the certificate is not cancelled, the Judge may direct that fresh security under rule 6 shall be provided. (3) Where a certificate is cancelled, the order of the Judge shall be in Form 6 and, subject to the provisions of this rule, the security shall be cancelled and the balance of the deposit returned to the bailiff. (4) When a certificate is cancelled or expires it shall nevertheless continue to have effect for the purpose of any distress where the bailiff has entered into possession before the date of cancellation or expiry, unless the Judge otherwise directs. (5) When a general certificate is cancelled or expires it shall be surrendered to the Judge, unless he otherwise directs. (6) When a certificate is cancelled the proper officer shall publish a notice to that effect: (a) in a local newspaper, or (b) if the bailiff's main area of business extends beyond the district of the court, in a national newspaper, and the costs of the notice shall be deducted from the security. Fees, Charges and Expenses 10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules. 11. (1) In the case of any difference as to fees, charges and expenses between any of the parties, the fees, charges and expenses shall upon application be taxed by the Registrar of the county court of the district where the distress is levied, and he may make such order as he thinks fit as to the costs of the taxation. (2) Where the court in which the taxation is conducted is not the court in which the bailiff was granted his certificate and the Registrar is of opinion on the taxation that there has been overcharging of such magnitude as to call into question the fitness of a bailiff to hold a certificate, the proper officer shall send to the court in which the bailiff was granted his certificate a copy of the taxed bill endorsed with a note of the Registrar's opinion. September

30 (3) The receipt of a bill under paragraph (2), shall be treated as a complaint under rule 8(1). Levy and Removal 12. (1) Every bailiff levying a distress shall produce his certificate to the tenant if he is present or, in the absence of the tenant, to such other person present as appears to be in control of the premises. (2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them. (3) A bailiff or his agent attending to remove goods from the premises or withdrawing from possession prior to sale of the distrained goods shall deliver to the tenant or leave on the premises where distress is levied a memorandum in Form 9 setting out the expenses of removal authorised by and incurred under these Rules. List of Certificates 13. (1) Each court shall compile a list of bailiffs holding general certificates as at 1st February every year and the list shall be exhibited in the public area of the court office. (2) When a certificate is cancelled the list shall be amended to include that fact. Repeal 14. On the coming into operation of these Rules: (a) the Distress for Rent Rules 1983 shall be revoked save with respect to distresses levied before these Rules come into operation; and (b) any certificate granted or renewed before these Rules come into operation shall continue to have effect for the period for which it was granted as if it were a certificate granted under these Rules for all purposes except the application of rule 4; and (c) any certificate granted or renewed before these Rules come into operation and expressed to expire between 31st January 1989 and 30th April 1989 shall continue to have effect until 30th April 1989 as if it were a certificate granted under these Rules for all purposes except the application of rule 4. Mackay of Clashfern, C. 21st November 1988 September

31 APPENDIX 1 TABLE OF FEES, CHARGES AND EXPENSES 1. For levying distress (i) where the sum demanded and due does not exceed ½% on the first 100, 4% on the next 400, (ii) where the sum demanded and due exceeds 100 2½% on the next 1,500, 1% on the next 8,000 and ¼% on any additional sum. 2. For attending to levy distress where the levy is not made, the reasonable costs and charges for attending to levy, not exceeding the fees which would have been due under paragraph 1 if the distress had been levied; the costs and charges are subject to taxation under rule For taking possession (i) where a man is left in physical possession, 4.50 per day (ii) where walking possession is taken, 45p per day Note: The charge for walking possession is payable only if a walking possession agreement in Form 8 has been concluded. A man left in possession must provide his own board in every case. The possession fee is payable in respect of the day on which the distress is levied, but a fee for physical possession must not be charged where a walking possession agreement is signed at the time when the distress is levied. 4. For appraisement, at the request in writing of the tenant, the reasonable fees, charges and expenses of the broker, subject to taxation under rule For attending to remove, the reasonable costs and charges attending the removal; the costs and charges are subject to taxation under rule For sale (i) where the sale is held on the auctioneer's premises, for commission to the auctioneer, an inclusive charge to include all out-of-pocket expenses of 15% on the sum realised, and the reasonable cost of advertising, removal and storage. (ii) where the sale is held on the debtor's premises, for commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred, 7½% on the sum realised. 7. Reasonable fees, charges and expenses where distress is withdrawn or where no sale takes place, and for negotiations between landlord and tenant respecting the distress, subject to taxation under rule For the purpose of calculating any percentage charges a fraction of 1 is to be reckoned as 1 but any fraction of a penny in the total amount of the fee so calculated is to be disregarded. 9. In addition to any amount authorised by this Table in respect of the supply of goods or services on which value added tax is chargeable there may be added a sum equivalent to value added tax at the appropriate rate on that amount. September

32 Appendix 3 Distress for Rent (Amendment) Rules 1999 September 2006

33 1999 No (L. 17) DISTRESS The Distress for Rent (Amendment) Rules 1999 Made 22nd July 1999 Coming into force 4th October 1999 The Lord Chancellor, in exercise of the powers conferred on him by section 8 of the Law of Distress Amendment Act 1888, and section 3 of the Law of Distress Amendment Act 1895, makes the following Rules: Citation and commencement 1. These Rules may be cited as the Distress for Rent (Amendment) Rules 1999 and shall come into force on 4th October Interpretation 2. In these Rules, "Principal Rules" means the Distress for Rent Rules 1988 and a reference to a rule or Appendix by number alone means the rule or Appendix so numbered in the Principal Rules. Transitional provisions 3. Any special certificate granted under the Principal Rules before these Rules come into force shall continue to have effect for the period for which it is granted. Amendments to Distress for Rent Rules In the Principal Rules: (a) for "general certificate", wherever it occurs, there shall be substituted "certificate"; (b) for "proper officer", wherever it occurs, there shall be substituted "court officer". 5. In rule 2(1): (a) for the definition of "Proper officer" there shall be substituted: " "court officer" has the meaning given in the Civil Procedure Rules 1998;"; (b) after the definition of "Court Funds Rules" there shall be inserted: " "Table" means the table set out in Appendix 3 to these Rules; "home county court" means, in relation to any person, the county court in whose district that person has his principal place of business or his main residence; "issuing county court" means a county court whose name appears in column 2 of the Table; and "the applicant's issuing county court" means, in relation to an applicant, the county court whose name appears in column 2 of the Table opposite the name of his home county court; "issuing area" means, in relation to an issuing county court, the area constituted by the district of that issuing county court and the districts of any other county courts whose names appear in column 1 of the Table opposite the name of that issuing county court; "appropriate newspaper" means a local newspaper appearing in a list of local newspapers approved by the court officer of the issuing county court for the purpose of publication of notices under rule 5(5).". 6. Rule 3(2) shall be deleted (1) For rule 4(1) there shall be substituted: " (1) An application for the grant of a certificate shall be made in Form 3." (2) Rule 4(2) and (3) shall be deleted. (3) In rule 4(4): September

34 (a) for "the county court in whose district the applicant has his principal place of business or his main residence" there shall be substituted "the applicant's issuing county court"; (b) for "County Court Fees Order 1982" there shall be substituted "County Court Fees Order 1999"; (c) after "commencement of" there shall be inserted "originating"; (d) the following shall be deleted: (i) in paragraph (a) the words "in the case of an application in Form 3,"; and (ii) in paragraphs (b), (c) and (d) the words "in the case of an application in Forms 3 or 5,". 8. In rules 4(6), 5(1), 5(1)(a) and 6(1)(b) the words "or Registrar" shall be deleted (1) In rule 5(2) for "An application for a general certificate in Form 3 shall not be granted" there shall be substituted "No application for a certificate shall be granted". (2) After rule 5(4) there shall be inserted: " (5) The applicant shall cause to be published in an appropriate newspaper a notice in the form set out in paragraph (7) so that the notice appears in three separate editions of that newspaper during the 60 days prior to the hearing of the application. (6) The applicant shall, not less than three days before the hearing of the application, file with the court the editions of the appropriate newspaper (or extracts from it) showing the notices referred to in paragraph (5). (7) The form of the notice to be published by the applicant shall be: Notice is hereby given that [name] of [business name and address] has applied to the Judge at [ ] county court for a Bailiff's Certificate. Any person who knows of a reason why [name] is not a fit and proper person to be granted a certificate should write to the Court Manager at [name and address of county court] before [date of hearing of application]. (8) Each issuing county court shall compile and maintain a list of appropriate newspapers published within its issuing area and copies of the list shall be: (a) exhibited in the public area of the court office of each county court in the issuing area; and (b) given to members of the public on request." (1) In rule 6(1)(b) the words after "totalling 10,000" shall be deleted. (2) After rule 6(2) there shall be inserted: " (2A) The bailiff shall maintain the security referred to in paragraph (1) above throughout the duration of the certificate. (2B) If, at any time during the duration of the certificate, for any reason (other than where rule 9(2) applies), the security referred to in paragraph (1) above not longer exists, or is reduced in value so that it amounts to less than 10,000, the bailiff shall provide fresh security under this rule to the satisfaction of the court.". 11. Rule 7(2) shall be deleted. 12. After rule 7 there shall be inserted: " Change of bailiff's name, address, etc 7A. - (1) In this rule "relevant details" means a bailiff's name, address or other written information appearing on the certificate. September

35 (2) If there is any change in the relevant details, the bailiff shall without delay give written notice of the change to the issuing county court and produce his certificate ("the old certificate") to the court officer of the issuing county court. (3) When a bailiff gives notice and produces the old certificate in accordance with paragraph (2) above, the Judge of the issuing county court shall issue to the bailiff a replacement certificate reflecting the change in the relevant details but in all other respects (including, without limitation, the date of expiry of the certificate) the same as the old certificate. (4) When a replacement certificate is issued in accordance with paragraph (3) above, the court officer shall retain and cancel the old certificate. (5) No fee shall be payable for the issue of a replacement certificate in accordance with this rule." (1) In rule 8(1) after "shall be made" there shall be inserted "in Form 4 or, where the complainant has conducted a formal investigation into a complaint by a third party against the bailiff, in Form 5". (2) After rule 8(3) there shall be inserted: " (3A) If upon reading the reply the Judge is satisfied as to the bailiff's fitness to hold a certificate, the court officer shall issue a notice to the bailiff to that effect and no further action shall be taken in respect of that complaint.". (3) In rule 8(4) after "the notice" there shall be inserted "under paragraph (3) or (as the case may be) (3A) above". (4) After rule 8(4) there shall be inserted: " (4A) If, after a notice has been issued under paragraph (3) above, the complainant so applies in writing, and the application is received by the court not later than the date 14 days before the date set for the hearing, the court officer of the court receiving the complaint shall order that the complaint be heard in the issuing county court whose name appears in column 2 of the Table opposite the name of the complainant's home county court. (4B) In the event of an order being made under paragraph (4A) above, the court officer of the court receiving the complaint shall forthwith send: (a) to the court officer of the court hearing the complaint: (i) certified copies of any relevant entries in the records of the court receiving the complaint; and (ii) copies of all other documents in his custody relating to the bailiff's certificate and to the complaint; and (b) to the bailiff and any other interested party, notice of the order made under paragraph (4A) above.". (5) After rule 8(6) there shall be inserted: " (7) If an order is made under paragraph (4A) above, the court officer of the court hearing the complaint shall, following the hearing, send to the court officer of the court which received the complaint certified copies of the order and all other documents in his custody relating to the bailiff's certificate and to the complaint, including the certified copies and copies sent under paragraph (4B)(a) above;" (1) After rule 9(5) there shall be inserted: " (5A) When a bailiff holding a certificate ceases, for any reason, to carry on business as a bailiff he shall forthwith surrender his certificate to the Judge at the county court which issued the certificate, unless the Judge September