 House of Commons |
Session 2006-07 Publications on the internet Bill Home Page |
|
Tuesday 20th March 2007 Public Bill Committee New Amendments handed in are marked thus * Other Amendments not tabled within the required notice period are marked thus # Tribunals, Courts and Enforcement Bill [Lords] Note The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee. Simon Hughes
158 Schedule 12, page 206, line 16, after ‘means’, insert— ‘(a) ’. Simon Hughes
159 Schedule 12, page 206, line 17, at end insert— ‘(b) such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment, business or vocation; (c) such clothing, bedding, furniture, household equipment and provisions as a necessary for satisfying the basic domestic needs of the debtor and his family; (d) money where an enforcement agent has reasonable cause to believe that this would be necessary for the immediate domestic needs of the debtor and his family; (e) domestic pets;’. Mr Henry Bellingham
161 Schedule 12, page 206, line 17, at end insert— ‘(b) goods that fall within paragraph 4A(1);’. Mr Henry Bellingham
85 Schedule 12, page 206, line 31, at end insert— ‘Code of conduct 3A (1) The Secretary of State shall issue a code of conduct to ensure that the poor, vulnerable and socially excluded are protected from disproportionate enforcement. (2) Enforcement agents, courts, creditors and others with responsibility for an enforcement action shall comply with the code of conduct.’. Mr Henry Bellingham
86 Schedule 12, page 207, line 3, at end insert— ‘4A (1) The following fall into the definition of exempt goods so as to preclude seizure of— (a) any goods which are fixtures or fittings attached to the premises including goods which are plumbed in or connected to water, fuel or power supplies, (b) domestic animals and animals kept as pets, (c) guard dogs, (d) any dog on which a blind person relies, (e) any animal which is kept for commercial gain, save as allowed through common law and where provision for the welfare of the animal has been arranged in advance, (f) in the case of domestic dwellings no sum of money of £500 in cash or below, (g) in the case of domestic dwellings no sum of money which would leave the debtor with less than £500. (2) In the case of domestic dwellings no sum of money above £500 is to be removed without the civil enforcement officer recording the purpose for which the money is to be used.’. Mr Henry Bellingham
87 Schedule 12, page 207, line 42, at end insert— ‘Rights and remedies information 6A (1) Her Majesty’s Court Service shall prepare an information sheet to inform debtors of the rights and remedies available to them with respect to an enforcement power. (2) Regulations must make provision for the information to be included in an information sheet to include— (a) powers of entry and re-entry; (b) limits and controls on the power to use reasonable force; (c) exempt goods; (d) ways of taking control of goods; (e) permitted costs and charges; (f) rights to redress; (g) how to complain; (h) how to ask for time to pay; (i) where to go for advice and assistance. (3) Regulations must make provision for the form, ordering and prominence of information. (4) The Lord Chancellor shall consult such persons and bodies he considers appropriate on the content of regulations under this paragraph.’. Mr Henry Bellingham
88 Schedule 12, page 208, line 5, at end insert ‘which should not be more than one working day’. Mr Henry Bellingham
89 Schedule 12, page 208, line 9, at end insert— ‘(2A) A notice given under this paragraph shall include an information sheet prepared under paragraph 6A.’. Mr Henry Bellingham
90 Schedule 12, page 209, line 16, at end insert ‘by serving a notice on the debtor or a person in control of the premises and additionally, if the enforcement agent deems it necessary, by physically securing the goods’. Mr Henry Bellingham
91 Schedule 12, page 209, line 19, at end insert ‘, if this will not cause undue hardship to the debtor or his family or significantly impair his ability to continue in his business, employment or vocation’. Mr Henry Bellingham
92 Schedule 12, page 209, line 20, at end insert ‘or with a person in control of the premises where the goods are found’. Mr Henry Bellingham
93 Schedule 12, page 209, line 29, at end insert ‘or other competent person’. Mr Henry Bellingham
94 Schedule 12, page 209, line 34, at end insert— ‘(5) In this paragraph a “competent person” is any person either residing at the relevant premises or working at the relevant premises where these are premises where the debtor carries out trade or business at the time when control is taken, who— (a) is 18 years of age or over; and (b) fully understands the consequences of the procedure being carried out.’. Mr Henry Bellingham
95 Schedule 12, page 209, line 34, at end insert— ‘Premises occupied by a single woman or persons under 16 13A Where a dwelling is known or believed to be occupied by a single woman or a child under 16, no visit with the intention of seizing goods shall be permitted unless the enforcement officer is female or is accompanied by a female enforcement officer.’. Mr Henry Bellingham
96 Schedule 12, page 209, line 37, at end insert— ‘(1A) This Act expressly preserves all common law rights restricting entry by force to a private dwelling by a civil enforcement agent.’. Mr Henry Bellingham
97 Schedule 12, page 210, line 7, at end insert— ‘(7) Entry without a warrant by an enforcement agent to premises containing domestic or living accommodation is restricted to the normal methods and places of entry used by visitors to the premises.’. Mr Henry Bellingham
98 Schedule 12, page 210, line 28, leave out paragraphs 17 to 22 and insert— ‘Application for power to use reasonable force 16A (2) This paragraph applies if an enforcement agent has the power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15. (3) If the creditor applies to the court, it may issue a warrant authorising an enforcement agent to use, if necessary, reasonable force to enter the premises for the purpose of taking control of goods. (4) The court may issue a warrant under sub-paragraph (2) only if it is satisfied that there are exceptional circumstances. (5) In considering whether to issue a warrant under sub-paragraph (2), the court shall have regard to the matters set out in sub-paragraph (5). (6) Those matters are— (a) the nature of the debt; (b) whether the debtor resides at the premises specified in the application; (c) whether the debtor carries on a trade or business at those premises; (d) the personal and financial circumstances of the debtor and their family; (e) whether the likely costs arising from execution of the enforcement power (including, but not limited to, those costs arising from use of reasonable force) are proportional to the debt; (f) whether the creditor has, so far as it is reasonable, attempted to enforce payment of the debt by other means. (7) For the purposes of this paragraph, exceptional circumstances are— (a) that the debtor has been given reasonable opportunity to repay by affordable instalments but has deliberately or wilfully chosen not to do so; (b) that the debtor is not a vulnerable person; (c) that there is a reasonable prospect that the sum recovered from the sale of the debtor’s goods would be at least equal to an amount prescribed by order of the Lord Chancellor. (8) Regulations shall prescribe the circumstances in which debtors are to be defined as vulnerable persons for the purposes of this paragraph. (9) The Lord Chancellor shall consult such persons or bodies as he considers appropriate on the content of the regulations made under sub-paragraph (7). (10) The court may not issue a warrant under sub-paragraph (2) until regulations under sub-paragraph (7) have come into force. (11) The court may suspend the operation of a warrant under sub-paragraph (2) on such terms as it sees fit on its own volition or on the application of the debtor at any time before goods taken under control have been sold.’. Mr Henry Bellingham
99 Schedule 12, page 210, line 28, leave out paragraphs 17 to 22 and insert— ‘Preservation of common law rights restricting entry by force 16A This Act expressly preserves all common law rights restricting entry by force to a private dwelling by a civil enforcement agent.’. Mr Henry Bellingham
100 Schedule 12, page 211, line 30, leave out paragraph 24 and insert— ‘24 (1) Nothing in this Act shall permit the entry by force to a dwelling house by a civil enforcement agent where— (a) the door is locked or secured against entry; (b) a householder has indicated to a civil enforcement officer or enforcement agent that such entry is refused; or (c) where a dwelling is occupied or appears to be occupied by a person or persons under 16 or by a person lacking the mental capacity to understand the consequences of entry. (2) Nothing in this Act shall allow a civil enforcement officer pursuing a fine recoverable as a civil debt to— (a) search a person without their consent; (b) search a person of the opposite sex; (c) remove items of clothing or jewellery or other wearing apparel; (d) remove a person from a dwelling who has sole care of children resident in that dwelling whether the children are physically present at that time or not. (3) Nothing under this Act permits a civil enforcement officer or agent enforcing any other civil order or judgment of the court to— (a) use force against an occupier or person present in the dwelling save in as is permitted at common law or under section 3 of the Criminal Law Act 1967 (c. 58); (b) conduct a search of a person in a dwelling; (c) remove any item of clothing, jewellery or wearing apparel or other object from a person.’. Mr Henry Bellingham
101 Schedule 12, page 212, line 6, leave out sub-paragraph (2). Mr Henry Bellingham
102 Schedule 12, page 212, line 8, leave out sub-paragraph (4). Mr Henry Bellingham
103 Schedule 12, page 212, line 9, leave out sub-paragraph (5). Mr Henry Bellingham
104 Schedule 12, page 212, line 37, leave out sub-paragraph (4). Mr Henry Bellingham
105 Schedule 12, page 213, line 35, at end insert— ‘(3) Where an enforcement agent seizes a sum in cash it must be accounted for, receipts must be issued, and the creditor and the court must be notified.’. Mr Henry Bellingham
162 Schedule 13, page 232, line 5, at end insert— ‘(aa) for the words ‘neglect, connivance or omission’ substitute ‘negligence or connivance;’. Mr Henry Bellingham
120 Clause 58, page 44, line 2, leave out ‘certificate’ and insert ‘licence’. Mr Henry Bellingham
121 Clause 58, page 44, line 5, at end insert— ‘(2A) Any individual acting as an enforcement agent must act in accordance with the regulations made under section 59.’. Mr Henry Bellingham
122 Clause 58, page 44, line 6, leave out ‘one of these’. Mr Henry Bellingham
123 Clause 58, page 44, line 8, leave out paragraph (b). Mr Henry Bellingham
124 Clause 58, page 44, line 9, leave out paragraph (c). Mr Henry Bellingham
125 Clause 58, page 44, line 11, leave out subsection (4). Mr Henry Bellingham
126 Clause 58, page 44, line 13, leave out subsection (5). Mr Henry Bellingham
111 Clause 58, page 44, line 17, at end insert— ‘(6A) The Secretary of State may by order permit a specified person or class of persons to use the style “bailiff” in connection with enforcement by taking control of goods. (6B) A person is guilty of an offence if, knowingly or recklessly, he describes himself as a bailiff in connection with enforcement or by taking control of goods or with any other debt collection activities without being authorised to do so by subsection (6A).’. Mr Henry Bellingham
127 Clause 58, page 44, line 17, at end insert— ‘(6A) A person is guilty of an offence under this section if he knowingly or recklessly fails to comply with any regulation, code of practice or other requirement made in pursuance of the powers set out in section 59.’. Mr Henry Bellingham
110 Clause 59, page 44, line 21, leave out ‘certificate’ and insert ‘licence’. Mr Henry Bellingham
112 Clause 59, page 44, line 24, leave out ‘certificates’ and insert ‘licences’. Mr Henry Bellingham
106 Clause 59, page 44, line 26, leave out ‘may’ and insert ‘shall’. Mr Henry Bellingham
113 Clause 59, page 44, line 28, leave out ‘certificates’ and insert ‘licences’. Mr Henry Bellingham
107 Clause 59, page 44, line 29, at end insert— ‘(ba) for requirements to be fulfilled before a certificate is issued, and the manner in which the meeting of those requirements is verified; (bb) the training requirements of holders of certificates; (bc) for rules to be followed by holders of certificates in the course of their business; (bd) for the provision of information and identification to debtors; (be) for the insurance to be carried by holders of certificates; (bf) for the payment of compensation to injured parties;’. Mr Henry Bellingham
114 Clause 59, page 44, line 30, leave out ‘certificates’ and insert ‘licences’. Mr Henry Bellingham
156 Clause 59, page 44, line 31, at end insert— ‘(ca) for certificates of prescribed categories to be given to prescribed classes of person (including, but not limited to, officers of government departments and persons appointed under section 2(1) of the Courts Act 2003 (c. 39) (court officers, staff and services));’. Mr Henry Bellingham
115 Clause 59, page 44, line 32, leave out ‘certificates’ and insert ‘licences’. Mr Henry Bellingham
116 Clause 59, page 44, line 33, leave out ‘certificates’ and insert ‘licences’. Mr Henry Bellingham
117 Clause 59, page 44, line 34, leave out ‘certificate’ and insert ‘licence’. Mr Henry Bellingham
118 Clause 59, page 44, line 36, leave out ‘certificates’ and insert ‘licences’. Mr Henry Bellingham
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
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.’. |
| |
| © Parliamentary copyright 2007 | Prepared: 20 March 2007 |