The Distress for Rent Rules 1988

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(1) 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

(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.

(1)

S.I. 1982/1706, amended by S.I. 1983/1681, 1985/574, 1834, 1986/633, 2143.