Uniform Civil Procedure Rules 2005

If the nature and apparent value of property to be sold under a writ for the levy of property is such that it appears to the Sheriff that it is reasonable to sell the property, the Sheriff may appoint a duly qualified auctioneer to sell the property.

An auctioneer appointed to sell any property under a writ for the levy of property must, as soon as practicable after the Sheriff advises that the auctioneer’s services will not be required in respect of the writ, or otherwise requests an account of the auctioneer’s charges, advise the Sheriff of the amount of those charges to date.

If, after the appointment of the auctioneer, it appears to the Sheriff that it is not reasonable to proceed with the sale, the Sheriff may direct that the property be withdrawn from sale.

An auctioneer appointed by the Sheriff to sell property under a writ for the levy of property must as soon as practicable after receiving any money under the writ pay the money to the Sheriff, less the amount of any charges payable to the auctioneer in respect of the writ.