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Article 9 Cancellation of Certificates

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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.