The Certification of Enforcement Agents Regulations 2014

Application of security after consideration of complaint at a hearing

11.—(1) When a complaint has been considered at a hearing, the judge may, if satisfied that the complaint was well founded, order that the security be forfeited either wholly or in part, and that the forfeited amount be paid, in such proportions as the judge considers appropriate—

(a) to the complainant by way of compensation for failure in due performance of the certificated person’s duties as an enforcement agent or for the complainant’s costs or expenses in attending and making representations; and

(b) where costs or expenses have been incurred by the court in considering the complaint at a hearing, to Her Majesty’s Paymaster General by way of reimbursement of those costs or expenses.

(2) The judge may make an order under paragraph (1) whether or not the certificate is cancelled or suspended.

(3) If an order is made under paragraph (1) but the certificate is not cancelled, regulation 6(4) applies.

(4) If the certificate is cancelled, the security must, subject to the making of an order under paragraph (1), be cancelled and the balance of any deposit, following payment of any amounts ordered to be forfeited, returned to the certificated person.