Tribunals, Courts and Enforcement Bill [Lords] - continued          House of Commons

back to previous text

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

108

* Clause 59, page 44, line 36, at end insert—

        ‘(h) for a code of practice to be followed by enforcement agents;’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

118

* Clause 59, page 44, line 36, leave out ‘certificates’ and insert ‘licences’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

109

* Clause 59, page 44, line 36, at end insert—

      ‘(3A) The Lord Chancellor shall by order provide for the regulation of individuals certified to act as an enforcement agent.

      (3B) No order may be made under subsection (3A) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

119

* Clause 59, page 44, line 39, leave out ‘certificate’ and insert ‘licence’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

128

* Clause 60, page 44, line 42, at end insert ‘, except those common law rules and restrictions expressly preserved.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

129

* Clause 60, page 45, line 8, at end insert—

        ‘(e) rules of peaceful and forced entry and re-entry to property.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

131

* Clause 71, page 48, line 4, leave out ‘and’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

132

* Clause 71, page 48, line 5, at end insert ‘, and

        (c) any service charges defined under the lease.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

133

* Clause 71, page 48, line 6, leave out ‘services,’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

134

* Clause 71, page 48, line 11, leave out ‘and use’ and insert ‘, use and service charge’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

135

* Clause 72, page 48, line 27, at end insert ‘, and must be set at a reasonable amount so that a landlord does not suffer hardship.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

130

* Clause 85, page 53, line 23, after ‘under’, insert ‘section [Licensing of enforcement agents, enforcement agency businesses and enforcement trade associations] or’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

157

* Clause 85, page 53, line 32, at end insert—

      ‘(8) This section shall not come into force until the commencement of regulations made under section 89 of this Act.’.


New clauses relating to Part 3

Enforcement by taking control of goods (No. 2)

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

NC1

    * To move the following Clause:—

      ‘(1) There shall be a form of enforcement against corporeal moveable property for recovery of money owed that is to be known as taking control of goods.

      (2) Taking control of goods shall include selling them to recover a sum of money.

      (3) Schedule 12 shall apply where an enactment, writ or warrant confers power to take control of goods.

      (4) Regulations may make provision about taking control of goods, including provision determining the time when control is taken.

      (5) Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway is excluded to the extent that he acted in accordance with Schedule 12 and with reasonable care.’.


Uniforms

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

NC2

    * To move the following Clause:—

      ‘All enforcement agents, both private and Crown employed, must at all times wear a uniform as prescribed by the Secretary of State.’.


Licensing of enforcement agents, enforcement agency business and enforcement trade associations

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

NC3

    * To move the following Clause:—

      ‘(1) Within one calendar year of the enactment of this Act the Secretary of State must lay draft regulations (the regulations) for the licensing of enforcement agents, enforcement agency businesses and enforcement trade associations before both Houses of Parliament.

      (2) Before laying the regulations the Secretary of State must consult such enforcement trade associations and such representatives of magistrates, enforcement agents, enforcement agency businesses, the credit industry, providers of advice about credit and other interested parties as he considers appropriate.

      (3) The regulations shall establish an independent regulator (the regulator) to—

        (a) license enforcement agents (other than those made exempt by section 55) and enforcement agency businesses and trade associations;

        (b) establish standards by requirements for licensing, by codes of practice, by prescribed forms, by training requirements and by the inspection of licensed individuals and undertakings;

        (c) investigate complaints made against licensed individuals and undertakings;

        (d) impose financial and other requirements on licensed individuals and undertakings as a condition of licence or as a result of investigations made under paragraph (c) above; and

        (e) do such other things as it is reasonably required to do properly to fulfil those functions.

      (4) The regulations shall also establish a means of appeal for licensed individuals and undertakings against decisions taken by the regulator.

      (5) The regulator may delegate such of its functions as it considers appropriate to trade associations that it has licensed.

      (6) The regulator may require any government department that employs enforcement agents to co-operate in producing common standards for the conduct of enforcement agents and for dealing with complaints against them.

      (7) The regulator shall each year lay a report before each House of Parliament on the operation of this Act.

      (8) The regulations may make such amendments to other regulations or statutes as are reasonably consequent upon the regulations.

      (9) On the first occasion that both Houses of Parliament approve the regulations—

        (a) section 58 shall be amended by substituting the words “is licensed under section [Licensing of enforcement agents, enforcement agency businesses and enforcement trade associations]” for the words “acts under a certificate under section 59” in subsection (2)(a); and

        (b) section 59 shall be repealed.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

136

* Clause 88, page 57, line 5, at end insert—

      ‘(9) Where the judgment that is the subject of a charging order application relates to an agreement regulated by the Consumer Credit Act 1974, the court shall not make a charging order if an order under sections 129 to 135 of that Act is appropriate.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

137

* Clause 88, page 57, line 32, at end insert—

      ‘(4F) Where the judgment relates to an agreement regulated by the Consumer Credit Act 1974, the court shall not enforce the charge by an order for sale.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

138

* Clause 88, page 57, line 41, at end insert—

      ‘(7) Rules of court may—

        (a) provide the steps that a creditor must take to reach a repayment arrangement with a debtor before taking court action in respect of an unsecured money debt; and

        (b) provide that the creditor may not make an application for a charging order if these steps have not been adequately complied with in the opinion of the court.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

139

* Clause 89, page 58, line 4, leave out first ‘may’ and insert ‘must’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

142

* Clause 89, page 58, line 4, leave out ‘provide that a charge may’ and insert ‘recommend that a charge should’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

140

* Clause 89, page 58, line 7, leave out ‘may’ and insert ‘must’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

143

* Clause 89, page 58, line 7, leave out ‘provide’ and insert ‘recommend’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

144

* Clause 89, page 58, line 8, leave out ‘may’ and insert ‘should’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

141

* Clause 89, page 58, line 10, at end insert—

      ‘(2A) Regulations made under this section must take reasonable consideration of the risk of homelessness for small debts.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

145

* Clause 89, page 58, line 14, at end insert—

      ‘(3A) Financial thresholds determined by regulations under this section are to act as guidelines for the court, which may impose a charging order at its discretion.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

146

* Clause 91, page 58, line 34, leave out from ‘make’ to end of line 37 and insert ‘an information order in relation to the debtor.’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

147

* Clause 91, page 58, line 41, leave out ‘a request or’ and insert ‘an’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

148

* Clause 91, page 59, line 1, leave out subsection (5).

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

149

* Clause 91, page 59, line 7, leave out ‘request or’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

150

* Clause 91, page 59, line 11, leave out ‘request or’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

151

* Clause 92, page 59, line 22, at end insert—

        ‘(da) the driving licence number and vehicle registration of the debtor,’.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

152

* Clause 92, page 59, line 28, at end insert—

        ‘(ca) the driving licence number and vehicle registration of the debtor,’.


new clause relating to part 4

Assessing household income

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

NC4

    * To move the following Clause:—

      ‘(1) The debtor must, at the prescribed times, provide the proper county court with household particulars of—

        (a) earnings,

        (b) income,

        (c) assets,

        (d) outgoings, and

        (e) liabilities.

      (2) For the purposes of this section, “household” is to be considered as the aggregate income for a family or couple co-habiting.

      (3) In this section “prescribed” means prescribed by regulations made by the Lord Chancellor.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

153

* Clause 131, page 101, line 2, leave out from ‘objects’ to end of line 4 and insert—

      ‘(2A) It shall be a condition of such approval that any approved institution has agreed to apply to each and every protected object the Due Diligence Guidelines for Museums, Libraries and Archives on Collecting and Borrowing Cultural Material published from time to time by the Department of Culture, Media and Sport.’.


Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

154

* Page 104, line 43, leave out Clause 136.

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

155

* Clause 140, page 109, line 12, at end add—

      ‘(8) The Lord Chancellor must consult any interested parties before making an order under this section.’.


Vera Baird

1

Clause 144, page 110, line 10, leave out subsection (2).


Remaining proceedings

Concurrent jurisdiction of courts, tribunals and public sector ombudsmen

Mr Henry Bellingham
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

NC5

    * To move the following Clause:—

      ‘(1) In section 5 of the Parliamentary Commissioner Act 1967 (c. 13), omit subsection (2).

      (2) In section 26 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57), omit subsection (6).

      (3) In section 4 of the Health Service Commissioners Act 1993 (c. 46), omit subsection (1).’.


ORDER OF THE HOUSE [5TH MARCH 2007]

       The following provisions shall apply to the Tribunals, Courts and Enforcement Bill [Lords]:

Committal

        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on 27th March 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on any message from the Lords) may be programmed.


 
 
previous section contents  
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries ordering index


© Parliamentary copyright 2007
Prepared: 15 March 2007