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

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’.


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.’.


Judicial reviews of enforcement agents employed by private companies

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

NC6

    To move the following Clause:—

      ‘The actions and decisions of private companies and their agents enforcing the orders of the courts shall be reviewable in the High Court.’.


Commencement of Chapter 1 of Part 3

Simon Hughes
Jenny Willott

NC8

    To move the following Clause:—

      ‘The provisions of Chapter 1 of Part 3 of this Act shall not come into force until a registration scheme for bailiffs and enforcement agents, enforcement agency businesses and enforcement trade associations has been set up and implemented in accordance with the provisions of the Private Security Industry Act 2001 or of this Act.’.


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

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
Simon Hughes

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
Simon Hughes

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

157

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

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


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 clauseS 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.’.


Requirement for permission of court before enforcement

Simon Hughes
Jenny Willott

NC7

    To move the following Clause:—

      ‘The Civil Procedure Rules must provide that no order for possession, whether made in the County Court or the High Court or in any other court of civil jurisdiction, shall be capable of being enforced without the appropriate court first granting permission to issue a warrant of possession to a party who has applied, on notice to the occupying party, for such permission.’.


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

163

* Clause 101, page 66, line 13, after ‘may’, insert ‘subject to the discretion of the court’.

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

164

* Clause 101, page 66, line 15, after ‘may’, insert ‘subject to the discretion of the court’.

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

171

* Clause 101, page 66, leave out lines 26 to 28.

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

165

* Clause 101, page 66, line 30, after ‘may’, insert ‘subject to the discretion of the court’.

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

167

* Clause 101, page 66, leave out lines 30 to 32.

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

166

* Clause 101, page 66, line 33, after ‘may’, insert ‘subject to the discretion of the court’.

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

168

* Clause 101, page 67, line 27, after ‘interest’, insert ‘above the Bank of England base rate’.

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

169

* Clause 101, page 70, line 13, leave out ‘2006’ and insert ‘2007’.

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

170

* Clause 101, page 76, leave out lines 4 to 17.


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

172

* Clause 102, page 78, line 34, after ‘debtor’, insert ‘, although at all times acting in good faith’.


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

173

* Clause 104, page 89, line 31, after ‘persons’, insert ‘approved by the relevant supervisory authority’.


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

174

* Clause 106, page 90, line 11, leave out ‘may’ and insert ‘shall’.

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

175

* Clause 106, page 90, line 21, leave out ‘may’ and insert ‘shall’.


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

177

* Clause 110, page 91, line 30, leave out ‘may’ and insert ‘shall’.


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

176

* Clause 115, page 93, line 24, leave out ‘may’ and insert ‘shall’.


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.’.


Simon Hughes
Jenny Willott

160

Clause 143, page 110, line 3, at end insert—

      ‘(4A) No order may be made under this section to bring Chapter 1 of Part 3 into force unless the provisions of section [Commencement of Chapter 1 of Part 3] have been complied with.’.


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 Act 1974 (c. 7), omit subsection (6).

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


Vera Baird

       That certain written evidence already reported to the House be appended to the proceedings of the Committee.

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.


ORDER OF THE COMMITTEE [15TH MARCH 2007]

       That—

        (1) in addition to its first meeting on Thursday 15th March at 9.00 a.m., the Committee shall meet on—

        (a) Thursday 15th March at 1.00 p.m.,

        (b) Tuesday 20th March at 10.45 a.m. and 4.00 p.m.,

        (c) Thursday 22nd March at 9.00 a.m. and 1.00 p.m., and

        (d) Tuesday 27th March at 10.45 a.m. and 4.00 p.m.;

        (2) the proceedings shall be taken in the order shown below and shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 27th March.
        Clauses 1 and 2; Schedule 1; Clauses 3 and 4; Schedule 2; Clause 5; Schedule 3; Clauses 6 and 7; Schedule 4; Clauses 8 to 22; Schedule 5; Clauses 23 to 36; Schedule 6; Clauses 37 to 44; Schedule 7; Clauses 45 to 47; new Clauses and new Schedules relating to Part 1; Clause 48; Schedules 8 and 9; Clauses 49 and 50; Schedule 10; Clauses 51 to 53; Schedule 11; Clauses 54 to 57; Schedules 12 and 13; Clauses 58 to 81; Schedule 14; Clauses 82 to 85; new Clauses and new Schedules relating to Part 3; Clause 86; Schedule 15; Clauses 87 to 100; new Clauses and new Schedules relating to Part 4; Clause 101; Schedule 16; Clauses 102 and 103; Schedules 17 to 20; Clauses 104 to 108; Schedule 21; Clauses 109 to 128; new Clauses and new Schedules relating to Part 5; Clauses 129 to 133; new Clauses and new Schedules relating to Part 6; Clause 134; Schedule 22; Clauses 135 to 141; Schedule 23; Clauses 142 to 144; remaining proceedings on the Bill.


 
 
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: 20 March 2007