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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| Tribunals, Courts and Enforcement Bill [Lords] |
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| Page 206, line 17 [Schedule 12], at end insert— |
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| | ‘(b) | goods that fall within paragraph 4A(1);’. |
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| Page 209, line 12 [Schedule 12], at end insert ‘or other competent person’. |
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| Page 44, line 4 [Clause 58], leave out paragraph (c). |
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| Page 44, line 36 [Clause 59], at end insert— |
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| | ‘(h) | requiring enforcement officers receiving road traffic fines to work on the |
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| | basis of a published contract between the enforcement firm and the local |
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| | authority setting out the scale of charges.’. |
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| Page 46, line 32 [Clause 68], leave out second ‘the’ and insert ‘any commercial’. |
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| | Independent regulatory authority for bailiffs and enforcement agents |
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| To move the following Clause:— |
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| | ‘(1) | The Lord Chancellor must by regulations establish an independent regulatory |
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| | authority for bailiffs and enforcement agents. |
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| | (2) | Regulations under subsection (1) must make provision for— |
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| | (a) | the licensing of enforcement agents; |
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| | (b) | the approval of the businesses and organisations which employ them; |
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| | (c) | the accreditation of the professional bodies which represent them; |
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| | (d) | the setting of standards of conduct; |
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| | (e) | the monitoring of performance; |
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| | (f) | the investigation of complaints; |
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| | (g) | the punishment of failure to comply with standards of conduct; and |
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| | (h) | the provision of redress where appropriate.’. |
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| Page 205, line 21 [Schedule 12], leave out sub-paragraph (3). |
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| Page 208, line 2 [Schedule 12], at end insert ‘and has signed a form to indicate that |
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| the notice has been received’. |
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| Page 209 [Schedule 12], leave out line 6. |
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| Page 209, line 21 [Schedule 12], leave out sub-paragraph (2). |
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| Page 213, line 2 [Schedule 12], at end insert ‘and after notice has been given to the |
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| owner of any vehicle in relation to which the power is to be exercised’. |
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| Page 213, line 7 [Schedule 12], at end insert ‘, before doing either of those things,’. |
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| Page 213, line 12 [Schedule 12], leave out sub-paragraphs (3) and (4) and insert— |
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| | ‘(3) | The enforcement agent must deliver the notice to any relevant premises in a |
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| | sealed envelope addressed to the debtor. |
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| | (4) | Premises are relevant if the enforcement agent reasonably believes that they are |
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| | the place, or one of the places, where the debtor— |
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| | (b) | carries on a trade or business.’. |
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| Page 213, line 37 [Schedule 12], leave out ‘Before the end of the minimum period’ |
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| and insert ‘If a vehicle is clamped or removed under the provisions of this Schedule’. |
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| Page 214, line 1 [Schedule 12], leave out sub-paragraph (2). |
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| Page 44, line 6 [Clause 58], leave out from ‘as’ to end of line 10 and insert ‘a |
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| Page 44, line 11 [Clause 58], leave out subsections (4) and (5). |
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| Page 44, line 29 [Clause 59], at end insert— |
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| | ‘(ba) | for certificates to be issued to— |
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| | (i) | officers of a Government department, and |
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| | (ii) | persons appointed under section 2(1) of the Courts Act 2003 who |
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| | are directly employed by a Government department or an |
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| | Enforcement by taking control of goods |
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| To move the following Clause:— |
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| | ‘(1) | There shall be a form of enforcement against corporeal moveable property for |
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| | recovery of money owed that it is to be known as taking control of goods. |
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| | (2) | Taking control of goods shall include selling them to recover a sum of money. |
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| | (3) | Schedule 12 applies where an enactment, writ or warrant confers power to take |
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| | (4) | Regulations may make provision about taking control of goods, including |
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| | provision determining the time when control is taken. |
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| | (5) | Any liability of an enforcement agent (including criminal liability) arising out of |
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| | his securing goods on a highway is excluded to the extent that he acted in |
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| | accordance with Schedule 12 and with reasonable care.’. |
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| Page 208, line 28 [Schedule 12], at end insert ‘and only if they are not money, |
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| clothing, bedding, furniture, household equipment and provisions as are necessary for |
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| satisfying the basic domestic needs of the debtor and his or her family or such tools or |
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| other items of equipment as are necessary for the debtor to continue in his business, |
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| employment, vocation or education. |
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| | (2) | Regulations may clarify, limit or expand the exemptions in subparagraph (1), |
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| | including but not limited to placing an upper monetary limit on the value of a |
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| | protected item where necessary.’. |
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| Page 43, line 21, leave out Clause 57. |
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| Page 209, line 14 [Schedule 12], leave out paragraph 13. |
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| Page 210, line 8 [Schedule 12], leave out from beginning to end of line 28 on page |
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| | ‘(7) | An enforcement agent may if necessary use reasonable force to enter relevant |
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| | premises or to do anything for which the entry is authorised if any of these |
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| | (a) | the conditions of paragraph 15 (re-entry to inspect or remove controlled |
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| | (b) | in all other cases, if the premises contain no living or domestic |
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| | Re-entry to inspect or remove controlled goods |
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| | 15 (1) | An enforcement agent may re-enter any premises where there are controlled |
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| | goods which have not been removed by the enforcement agent. |
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| | (2) | The enforcement agent may if necessary use reasonable force to enter the |
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| | premises to inspect the goods or to remove them for storage or sale. |
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| | (3) | This paragraph authorises repeated re-entry to the same premises, subject to |
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| | any restrictions in regulations. |
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| | General provisions about entry and re-entry |
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| | 16 (1) | The enforcement agent must on request show the debtor and any person who |
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| | appears to him to be in charge of the premises evidence of— |
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| | (b) | his authority to enter the premises. |
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| | (2) | The request may be made before the enforcement agent enters the premises or |
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| | (3) | The enforcement agent may take other people onto the premises who may |
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| | assist the enforcement agent in exercising any power, including a power to use |
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| | force, but who may not remain on the premises without the enforcement agent. |
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| | (4) | The enforcement agent may take any equipment onto the premises and may |
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| | leave equipment on the premises if he leaves controlled goods there. |
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| | (5) | The enforcement agent may enter and remain on the premises only within |
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| | (6) | Regulations may give the court power in prescribed circumstances to authorise |
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| | him to enter or remain on the premises at other times. |
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| | (7) | The enforcement agent must leave the premises as effectively secured as he |
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| | finds them. General provisions about the use of force to enter and re-enter |
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| | 17 (1) | This paragraph applies where an enforcement agent has power to use |
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| | reasonable force if necessary to enter premises. |
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| | (2) | The power to enter and any power to use force are subject to any restrictions |
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| | imposed by or under regulations. |
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| | (3) | A power to use force does not include power to use force against persons. |
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| | Notices and lists of goods |
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| | 18 (1) | After entering or re-entering premises the enforcement agent must provide a |
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| | notice for the debtor giving information about what the enforcement agent is |
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| | doing. Regulations must state— |
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| | (a) | the form of the notice; and |
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| | (b) | what information it must give. |
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| | (2) | Regulations may prescribe circumstances in which a notice need not be |
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| | provided after re-entry to premises. |
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| | (3) | If the debtor is on the premises when the enforcement agent is there, the |
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| | enforcement agent must give him the notice then. |
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| | (4) | If the debtor is not there, the enforcement agent must leave the notice in a |
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| | conspicuous place on the premises. |
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| | (5) | If the enforcement agent knows that there is someone else there or that there |
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| | are other occupiers, a notice he leaves under sub-paragraph (1) must be in a |
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| | sealed envelope addressed to the debtor. |
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| | (6) | If the debtor is absent from the premises, the enforcement agent must leave at |
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| | the premises a list of any goods he takes away. |
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| | (7) | If the enforcement agent knows that there is someone else there or that there |
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| | are other occupiers, a list he leaves under sub-paragraph (6) must be in a sealed |
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| | envelope addressed to the debtor.’. |
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| Page 217, line 24 [Schedule 12], leave out sub-paragraph (2). |
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| Page 206, line 31 [Schedule 12], at end insert— |
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| | ‘Protection from disproportionate enforcement action |
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| | 3A | The Secretary of State shall issue guidance to ensure that the poor, vulnerable |
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| | and socially excluded people are protected from disproportionate enforcement |
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| Page 110, line 3 [Clause 143], at end insert— |
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| | ‘(4A) | No order may be made under this section to bring Chapter 1 of Part 3 into force |
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| | unless the provisions of section [Independent regulatory authority for bailiffs and |
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| | enforcement agents] have been complied with.’. |
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