Complaints as to fitness to hold a certificate
9.—(1) Any person who considers that a certificated person is by reason of the certificated person’s conduct in acting as an enforcement agent, or for any other reason, not a fit person to hold a certificate, may submit a complaint in writing to the court.
(2) No fee is payable for submitting a complaint under paragraph (1).
(3) A complaint submitted under paragraph (1) must provide details of the matters complained of and explain the reason or reasons why the certificated person is not a fit person to hold a certificate.
(4) No complaint submitted under paragraph (1) may be considered by the judge until the certificated person has been provided with a copy of the complaint and given an opportunity to respond to it in writing.
(5) If on considering the complaint and the certificated person’s response the judge is satisfied that the certificated person remains a fit and proper person to hold a certificate, the complaint must be dismissed.
(6) If—
(a)the certificated person fails to respond; or
(b)on considering the complaint and the certificated person’s response the judge is not satisfied that the certificated person remains a fit and proper person to hold a certificate,
the complaint must be considered at a hearing.
(7) If a complaint is to be considered at a hearing under paragraph (6)—
(a)the certificated person must attend for examination and may make representations; and
(b)the complainant may attend and make representations, or may make representations in writing.
(8) If after a hearing the judge is satisfied that the certificated person remains a fit and proper person to hold a certificate, the complaint must be dismissed.
(9) No appeal lies against the dismissal of a complaint under paragraph (5) or paragraph (8).