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 1999.

Interpretation

2. In these Rules, "Principal Rules" means the Distress for Rent Rules 1988(3) 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 1988

4. 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(4);";

(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.

7.-(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):

(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(5)";

(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.

9.-(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.".

10.-(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.

(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.".

13.-(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;".

14.-(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 otherwise directs, and as from the date of the surrender the certificate shall be treated as if it had expired on that date.".

(2) In rule 9(6), for the words from and including "to that effect" to and including "the costs of the notice", there shall be substituted the words "to that effect in an appropriate newspaper, and the costs of the notice".

(3) After rule 9(6) there shall be inserted:

"(7) References, in this rule, to the cancellation of a certificate shall not include the cancellation of a certificate upon the issue of a duplicate certificate, in accordance with rule 7A(4).".

15. In rule 11:

(a)in paragraph (1), for "taxed" there shall be substituted "assessed, by way of detailed assessment under Part 47 of the Civil Procedure Rules 1998,";

(b)in paragraph (2), for "taxed bill" there shall be substituted "completed bill";

(c)for "taxation", wherever it occurs, there shall be substituted "detailed assessment".

16. For rule 13(1) there shall be substituted:

"(1) Each issuing county court shall compile a list of bailiffs carrying on business within that court's issuing area and holding certificates as at 1st February every year, and the list shall be exhibited in the public area of the court office of each county court in the issuing area.".

17. In Appendix 2:

(a)before Form 1 there shall be inserted:

(b)in Form 1, for "Bailiff's General Certificate" there shall be substituted "Bailiff's Certificate";

(c)the forms set out in Schedule 1 to these Rules shall be substituted for Forms 2, 3, 4 and 5.

18. After Appendix 2 there shall be inserted the Appendix set out in Schedule 2 to these Rules.

Rule 17(c)

SCHEDULE 1New versions of Forms 3, New Forms 4 and 5

Rule 18

SCHEDULE 2APPENDIX 3

Explanatory Note

(This note is not part of the Rules)

These Rules make various amendments to the Distress for Rent Rules 1988, which deal with the certification of bailiffs to levy distress for rent and (by virtue of the modification effected by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993) for debts under section 78 of the Road Traffic Act 1991. In particular:

(1) special certificates may no longer be granted, and so references to special certificates are deleted;

(2) applications for a certificate shall be in a new form, which will be applicable to all applications;

(3) applications for certificates will only be made to certain county courts (referred to in the Order as "issuing county courts");

(4) all applications (as opposed to, previously, only applications for a general certificate other than on the expiry of a current certificate) will involve a personal appearance and examination on oath of the applicant;

(5) all applicants will be required to notify their application by advertisement in a local newspaper approved by the court officer;

(6) bailiffs are expressly obliged to maintain security, by way of bond or deposit, throughout the duration of the certificate, and to provide fresh security if it ceases to exist or is reduced in value;

(7) new forms are adopted for complaints against bailiffs;

(8) a complaint against a bailiff may be transferred, at the complainant's option, to the issuing county court nearest the complainant's home or place of business;

(9) a bailiff who has ceased to carry on business as a bailiff must surrender his licence; and

(10) a bailiff is required to notify the court of any change of name, address or other details appearing in his certificate, and a replacement certificate reflecting the changes is issued.