The Distress for Rent (Amendment) Rules 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/873 |
2009 No. 873 (L.11)
Distress, England And Wales
The Distress for Rent (Amendment) Rules 2009
Made 1st April 2009
Coming into force 30th April 2009
The Lord Chancellor, in exercise of the powers conferred by section 8(3) of the Law of Distress Amendment Act 18881, makes the following Rules.
Citation and commencement
1. These rules may be cited as the Distress for Rent (Amendment) Rules 2009 and come into force on 30th April 2009.
Amendment of the Distress for Rent Rules 1988
The Distress for Rent Rules 1988 are amended as follows.
2. The Distress for Rent Rules 19882are amended as follows.
3. In rule 4(4) (applications for certificates)—
(a) in sub-paragraph (b), for “County Court Judgments” substitute “judgments, orders, fines and tribunal decisions”; and
(b) at the end of sub-paragraph (d), insert—
“, and
(e)
(e) a certified copy of a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate relating to the applicant that has been issued pursuant to Part V of the Police Act 19973and that is not more than one month old”.
4. In rule 13(1) (list of certificates), for “exhibited in the public area of the court office of each county court in the issuing area” substitute—
“—
(a)
(a) exhibited in the public area of the court office of each county court in the issuing area; and
(b)
(b) published on the website of Her Majesty’s Courts Service”.
5. In Appendix 2 (forms), in Form 3 (application for certificate to levy distress)—
(a) in Part 2—
(i) in question 8—
(aa) omit “involving fraud or other dishonesty or violence”;
(bb) for “The Rehabilitation of Offenders Act 1974 applies to this question” substitute “In your answer to this question, you are not required to disclose convictions that are spent in accordance with the Rehabilitation of Offenders Act 19744.”; and
(cc) after “Place of conviction”, omit “or order”;
(ii) after question 8, insert—
“In support of your answer (Yes OR No), you must exhibit a certified copy of a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate relating to you that has been issued pursuant to Part V of the Police Act 1997. The certificate must not be more than one month old.”; and
(iii) after question 11—
(aa) after “not more than a month old, of”, insert “the result of”; and
(bb) for “County Court Judgments” substitute “judgments, orders, fines and tribunal decisions”;
(b) in Part 4, in the list of items to be enclosed—
(i) ina., for “search of Register of Couny Court Judgments” substitute “the result of a search of the Register of judgments, orders, fines and tribunal decisions”; and
(ii) aftere., insert—
and
(c) in Part 5, omit “[19 ]”.
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