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Session 2006-07
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Thursday 22nd 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.


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

110

Clause 59, page 44, line 21, leave out ‘certificate’ and insert ‘licence’.

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

112

Clause 59, page 44, line 24, leave out ‘certificates’ and insert ‘licences’.

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

106

Clause 59, page 44, line 26, leave out ‘may’ and insert ‘shall’.

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

113

Clause 59, page 44, line 28, leave out ‘certificates’ and insert ‘licences’.

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

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
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

114

Clause 59, page 44, line 30, leave out ‘certificates’ and insert ‘licences’.

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

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
Mr Tobias Ellwood
James Brokenshire
Mr Richard Benyon
Mr Brooks Newmark

115

Clause 59, page 44, line 32, leave out ‘certificates’ and insert ‘licences’.

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

116

Clause 59, page 44, line 33, leave out ‘certificates’ and insert ‘licences’.

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

117

Clause 59, page 44, line 34, leave out ‘certificate’ and insert ‘licence’.

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

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
Simon Hughes

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
Simon Hughes

Jenny Willott

131

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

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

Jenny Willott

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
Simon Hughes

Jenny Willott

133

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

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

Jenny Willott

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
Simon Hughes

Jenny Willott

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
Simon Hughes

Jenny Willott

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
Simon Hughes

Jenny Willott

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
Simon Hughes

Jenny Willott

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
Simon Hughes

Jenny Willott

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

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

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

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’.

 
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Prepared: 22 March 2007