Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Part 3 — Enforcement by taking control of goods
Chapter 1 — Procedure
44

(2)
An individual may act as an enforcement agent only if one of these applies—
(a)
he acts under a certificate under section 59;
(b)
he is exempt;
(c)
he acts in the presence and under the direction of a person to whom
paragraph (a) or (b) applies.
5
(3)
An individual is exempt if he acts in the course of his duty as one of these—
(a)
a constable;
(b)
an officer of Revenue and Customs;
(c)
a person appointed under section 2(1) of the Courts Act 2003 (c. 39)
(court officers and staff).
10
(4)
An individual is exempt if he acts in the course of his duty as an officer of a
government department.
(5)
For the purposes of an enforcement power conferred by a warrant, an
individual is exempt if in relation to the warrant he is a civilian enforcement
officer, as defined in section 125A of the Magistrates’ Courts Act 1980 (c. 43).
15
(6)
A person is guilty of an offence if, knowingly or recklessly, he purports to act
as an enforcement agent without being authorised to do so by subsection (2).
(7)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
59
Certificates to act as an enforcement agent
20
(1)
A certificate may be issued under this section—
(a)
by a judge assigned to a county court district;
(b)
in prescribed circumstances, by a district judge.
(2)
The Lord Chancellor must make regulations about certificates under this
section.
25
(3)
The regulations may in particular include provision—
(a)
for fees to be charged for applications;
(b)
for certificates to be issued subject to conditions, including the giving of
security;
(c)
for certificates to be limited to purposes specified by or under the
30
regulations;
(d)
about complaints against holders of certificates;
(e)
about suspension and cancellation of certificates;
(f)
to modify or supplement Schedule 12 for cases where a certificate is
suspended or cancelled or expires;
35
(g)
requiring courts to make information available relating to certificates.
(4)
A certificate under section 7 of the Law of Distress Amendment Act 1888 (c. 21)
which is in force on the coming into force of this section has effect as a
certificate under this section, subject to any provision made by regulations.
60
Common law rules replaced
40
(1)
This Chapter replaces the common law rules about the exercise of the powers
which under it become powers to use the procedure in Schedule 12.

Tribunals, Courts and Enforcement Bill [HL]
Part 3 — Enforcement by taking control of goods
Chapter 1 — Procedure
45

(2)
The rules replaced include—
(a)
rules distinguishing between an illegal, an irregular and an excessive
exercise of a power;
(b)
rules that would entitle a person to bring proceedings of a kind for
which paragraph 66 of Schedule 12 provides (remedies available to the
5
debtor);
(c)
rules of replevin;
(d)
rules about rescuing goods.
61
Pre-commencement enforcement not affected
Where—
10
(a)
by any provision of this Part a power becomes a power to use the
procedure in Schedule 12, and
(b)
before the commencement of that provision, goods have been
distrained or executed against, or made subject to a walking possession
agreement, under the power,
15
this Part does not affect the continuing exercise of the power in relation to those
goods.
62
Transfer of county court enforcement
In section 85(2) of the County Courts Act 1984 (c. 28) (under which writs of
control give the district judge, formerly called the registrar, power to execute
20
judgments or orders for payment of money) for “the registrar shall be”
substitute “any person authorised by or on behalf of the Lord Chancellor is”.
63
Magistrates’ courts warrants of control
In the Magistrates’ Courts Act 1980 (c. 43) after section 125 insert—
“125ZA
Warrants of control
25
(1)
This section applies to a warrant of control issued by a justice of the
peace.
(2)
The person to whom it is directed must endorse the warrant as soon as
possible after receiving it.
(3)
For the purposes of this section a person endorses a warrant by
30
inserting on the back the date and time when he received it.
(4)
No fee may be charged for endorsing a warrant under this section.”
64
County court warrants of control etc
For section 99 of the County Courts Act 1984 substitute—
“99
Endorsement of warrants of control etc
35
(1)
This section applies to—
(a)
a warrant of control issued under section 85(2),
(b)
a warrant of delivery or of possession, but only if it includes a
power to take control of and sell goods to recover a sum of
money and only for the purposes of exercising that power.
40

Tribunals, Courts and Enforcement Bill [HL]
Part 3 — Enforcement by taking control of goods
Chapter 2 — Rent arrears recovery
46

(2)
The person to whom the warrant is directed must, as soon as possible
after receiving it, endorse it by inserting on the back the date and time
when he received it.
(3)
No fee may be charged for endorsing a warrant under this section.”
65
Power of High Court to stay execution
5
(1)
If, at any time, the High Court is satisfied that a party to proceedings is unable
to pay—
(a)
a sum recovered against him (by way of satisfaction of the claim or
counterclaim in the proceedings or by way of costs or otherwise), or
(b)
any instalment of such a sum,
10

the court may stay the execution of any writ of control issued in the
proceedings, for whatever period and on whatever terms it thinks fit.
(2)
The court may act under subsection (1) from time to time until it appears that
the cause of the inability to pay has ceased.
(3)
In this section a party to proceedings includes every person, whether or not
15
named as a party, who is served with notice of the proceedings or attends
them.
Chapter 2
Rent arrears recovery
Abolition of common law right
20
66
Abolition of common law right
The common law right to distrain for arrears of rent is abolished.
Commercial rent arrears recovery
67
Commercial rent arrears recovery (CRAR)
(1)
A landlord under a lease of commercial premises may use the procedure in
25
Schedule 12 (taking control of goods) to recover from the tenant rent payable
under the lease.
(2)
A landlord’s power under subsection (1) is referred to as CRAR (commercial
rent arrears recovery).
68
Landlord
30
(1)
In this Chapter “landlord”, in relation to a lease, means the person for the time
being entitled to the immediate reversion in the property comprised in the
lease.
(2)
That is subject to the following.
(3)
In the case of a tenancy by estoppel, a person is “entitled to the immediate
35
reversion” if he is entitled to it as between himself and the tenant.

Tribunals, Courts and Enforcement Bill [HL]
Part 3 — Enforcement by taking control of goods
Chapter 2 — Rent arrears recovery
47

(4)
If there are joint tenants of the immediate reversion, or if a number of persons
are entitled to the immediate reversion as between themselves and the
tenant—
(a)
“landlord” means any one of them;
(b)
CRAR may be exercised to recover rent due to all of them.
5
(5)
If the immediate reversion is mortgaged, “landlord” means—
(a)
the mortgagee, if he has given notice of his intention to take possession
or enter into receipt of rents and profits;
(b)
otherwise, the mortgagor.
(6)
Subsection (5) applies whether the lease is made before or after the mortgage
10
is created, but CRAR is not exercisable by a mortgagee in relation to a lease that
does not bind him.
(7)
Where a receiver is appointed by a court in relation to the immediate reversion,
CRAR is exercisable by the receiver in the name of the landlord.
(8)
Any authorisation of a person to exercise CRAR on another’s behalf must be in
15
writing and must comply with any prescribed requirements.
(9)
This Chapter applies to any other person entitled to exercise CRAR as it applies
to a landlord.
69
Lease
(1)
“Lease” means a tenancy in law or in equity, including a tenancy at will, but
20
not including a tenancy at sufferance.
(2)
A lease must be evidenced in writing.
(3)
References to a lease are to a lease as varied from time to time (whether or not
the variation is in writing).
(4)
This section applies for the purposes of this Chapter.
25
70
Commercial premises
(1)
A lease (A) is of commercial premises if none of the demised premises is—
(a)
let under lease A as a dwelling,
(b)
let under an inferior lease (B) as a dwelling, or
(c)
occupied as a dwelling.
30
(2)
The “demised premises” in this section include anything on them.
(3)
“Let as a dwelling” means let on terms permitting only occupation as a
dwelling or other use combined with occupation as a dwelling.
(4)
Premises are not within subsection (1)(b) if letting them as a dwelling is a
breach of a lease superior to lease B.
35
(5)
Premises are not within subsection (1)(c) if occupying them as a dwelling is a
breach of lease A or a lease superior to lease A.
(6)
This section applies for the purposes of this Chapter.