House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Tribunals, Courts and Enforcement Bill [Lords]

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1

Simon Hughes
Jenny Willott

No. 1, in page 206, line 16 [Schedule 12], after ‘means’, insert—

‘(a) '.

2

Simon Hughes
Jenny Willott

No. 2, in page 206, line 17 [Schedule 12], 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 are 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;’.

Requirement for permission of court before enforcement

NC1

Simon Hughes
Jenny Willott
   To move the following Clause:-

‘The Civil Procedure Rules must provide that not 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.’.

3

Simon Hughes
Jenny Willott

No. 3, in page 207, line 42 [Schedule 12], 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.’.

Commencement of Chapter 1 of Part 3

NC2

Simon Hughes
Jenny Willott
   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 Private Security Industry Act 2001 or this Act.’.

4

Simon Hughes
Jenny Willott

No. 4, in page 20, line 4 [Clause 22], at end insert—

‘(4A) The Tribunal Procedure Rules shall make provision for the granting by a judge of the First-tier Tribunal of legal aid for appropriate advice and representation in relation to any decision within the jurisdiction of the tribunal systems.’.

5

Simon Hughes
Jenny Willott

No. 5, in page 110, line 3 [Clause 143], 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.’.

6

Simon Hughes
Jenny Willott

No. 6, in page 5, line 4 [Clause 7], leave out ‘chambers’ and insert ‘divisions’.

Applications for relief under section 15: legal aid

NC3

Simon Hughes
Jenny Willott
   To move the following Clause:-

‘The Lord Chancellor must by regulations make provision for legal aid for applicants for relief under section 15.’.

7

Simon Hughes
Jenny Willott

No. 7, in page 221, line 28 [Schedule 12], at end insert—

‘(4A) Regulations must make provision for legal aid to be available where financially necessary in all such actions.’.

8

Simon Hughes
Jenny Willott

No. 8, in page 53 [Clause 84], leave out lines 13 to 15.

Uniforms

NC4

Simon Hughes
Jenny Willott
   To move the following Clause:-

‘All enforcement agents, both private and Crown-employed, must at all times wear such uniform or other means of identification as shall be prescribed.’.

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Prepared: 28 March 2007