Notices of Amendments: 25th June 2007

1478

Tribunals, Courts and Enforcement Bill [Lords], continued

Commencement of Chapter 1 of Part 3

Simon Hughes

Jenny Willott

NC2

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.’.

Applications for relief under section 15: legal aid

Simon Hughes

Jenny Willott

NC3

To move the following Clause:—

‘The Lord Chancellor must by regulations make provision for legal aid for

applicants for relief under section 15.’.

Uniforms

Simon Hughes

Jenny Willott

NC4

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.’.

Enforcement by taking control of goods

Mr Austin Mitchell

NC5

To move the following Clause:—

‘(1)	There shall be a form of enforcement against corporeal moveable property for

recovery of money owed that it 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 applies where an enactment, writ or warrant confers power to take

control of goods.

Notices of Amendments: 25th June 2007

1479

Tribunals, Courts and Enforcement Bill [Lords], continued

(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.’.

Independent regulatory authority for bailiffs and enforcement agents

Mr Austin Mitchell

nc6

To move the following Clause:—

‘(1)	The Lord Chancellor must by regulations establish an independent regulatory

authority for bailiffs and enforcement agents.

(2)	Regulations under subsection (1) must make provision for—

(a)	the licensing of enforcement agents;

(b)	the approval of the businesses and organisations which employ them;

(c)	the accreditation of the professional bodies which represent them;

(d)	the setting of standards of conduct;

(e)	the monitoring of performance;

(f)	the investigation of complaints;

(g)	the punishment of failure to comply with standards of conduct; and

(h)	the provision of redress where appropriate.’.

Enforcement of Mobile Homes Act 1983

Mr Richard Benyon

NC11

To move the following Clause:—

‘(1)	The Mobile Homes Act 1983 (c. 34) is amended as follows.

(2)	In sections 1(5), 2(2), 2(3), and 2(4), for “the court”, substitute “the tribunal”.

(3)	After section 3 insert—

“3A	The tribunal

(1)	The local authority for the district in which the protected site is situated

must establish a tribunal to perform functions under this Act if the

occupier or the owner so requests.

(2)	The Secretary of State may make regulations about tribunals under this

Act.

(3)	Regulations under this section shall be made by statutory instrument.”.

(4)	In section 4, and in the heading to that section, for “the court”, substitute “the

tribunal”.

Notices of Amendments: 25th June 2007

1480

Tribunals, Courts and Enforcement Bill [Lords], continued

(5)	In section 5(1)—

(a)	omit the definition of “the court”, and

(b)	at the appropriate place insert—

““the tribunal” means—

(a)	in relation to England and Wales, the tribunal

established under section 3A or, where the parties have

agreed in writing to submit any question arising under

this Act or, as the case may be, any agreement to which

it applies to arbitration, the arbitrator;

(b)	in relation to Scotland, the sheriff having jurisdiction

where the protected site is situated or, where the parties

have so agreed, the arbiter.”.

(6)	After section 6(4) insert—

“(5)	Section 3A extends to England and Wales only.”’.

Employment tribunals (weak or vexatious cases)

Mr Richard Benyon

NC12

To move the following Clause:—

‘The Lord Chancellor must issue guidance to employment tribunals to the effect

that they should use their powers in such a way as to discourage the promotion of

weak or vexatious cases.’.

Simon Hughes

Jenny Willott

6

Page  5,  line  4  [Clause  7],  leave out ‘chambers’ and insert ‘divisions’.

Simon Hughes

Jenny Willott

4

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.’.

Notices of Amendments: 25th June 2007

1481

Tribunals, Courts and Enforcement Bill [Lords], continued

Simon Hughes

72

Page  26,  line  43  [Clause  31],  at end insert—

‘(11)

The Lord Chancellor may be regulations provide for the payment of pensions,

allowances or gratuities by way of compensation to or in respect of such persons

who suffer loss of office as a result of the abolition of a tribunal by virtue of this

section as may be so specified or so determined.

(12)	Without prejudice to the generality of subsection (11), regulations under this

section may make provision—

(a)	as to the circumstances in which compensation is payable;

(b)	as to the amounts which are to be payable by way of compensation;

(c)	as to the manner in which and the person to whom any claim for

compensation is to be made; and

(d)	for the determination of all questions arising under the regulations.’.

Vera Baird

43

Page  41,  line  37  [Clause  54],  leave out ‘and (3)’ and insert ‘to (3B)’.

Vera Baird

44

Page  41,  line  38  [Clause  54],  leave out subsection (2) and insert—

‘(2)	In subsection (1)—

(a)	for “the Lord Chief Justice, after consulting the Lord Chancellor,”

substitute “the Lord Chancellor”, and

(b)	for “the Lord Chief Justice may, after consulting the Lord Chancellor,”

substitute “the Lord Chancellor may”.’.

Vera Baird

45

Page  41,  line  39  [Clause  54],  leave out subsection (3) and insert—

‘(3)	After subsection (1) insert—

“(1ZA)

The Lord Chancellor may not appoint a holder of relevant office under

subsection (1) without the concurrence of the Lord Chief Justice.

(1ZB)

Section 85 of the Constitutional Reform Act 2005 (selection of certain

office holders) does not apply to an appointment to which subsection

(1ZA) applies.

(1ZC)

In this section a “holder of relevant office” means a person who holds, or

has held within two years ending with the date when his appointment

under this section takes effect—

(a)	any office listed in column 1 of Part 2 or 3 of Schedule 2, or

(b)	the office of district judge.”’.

Notices of Amendments: 25th June 2007

1482

Tribunals, Courts and Enforcement Bill [Lords], continued

Vera Baird

46

Page  42,  line  7  [Clause  54],  at end insert—

‘(3A)

For subsection (3) substitute—

“(3)	An appointment under this section may extend until the day on which a

person attains the age of seventy-five years if it is an appointment of a

holder of relevant office.”

(3B)	In subsection (7) for “subsection (1)” substitute “subsection (1ZA)”.

(3C)	In section 92(1) of the Supreme Court Act 1981 (c. 54) after “this section” insert

“, to section 91(3)”.’.

Vera Baird

47

Page  42,  line  8  [Clause  54],  leave out ‘3’ and insert ‘2’.

Vera Baird

48

Page  42,  line  10  [Clause  54],  leave out from ‘entry’ to ‘, insert’ in line 12 and insert

‘for an assistant recorder appointed under section 24(1) of the Courts Act 1971 (c. 23)’.

Vera Baird

49

Page  42,  line  13  [Clause  54],  leave out ‘Section 91(1ZA) of the Supreme Court Act

1981’ and insert ‘Section 91(1) of the Supreme Court Act 1981, unless subsection (1ZA)

of that section applies to the appointment’.

Vera Baird

50

Page  42,  line  20  [Clause  54],  leave out subsections (5) and (6).

Mr Austin Mitchell

37

Page  43,  line  21,  leave out Clause 57.

Mr Oliver Heald

Mr Henry Bellingham

10

Page  43,  line  28  [Clause  57],  at end insert—

‘(2A)

The Lord Chancellor shall issue National Standards or other guidance requiring

enforcement agents and those acting on their behalf not to act oppressively or

disproportionately with regards to vulnerable and other persons.’.

Mr Austin Mitchell

21

Page  44,  line  4  [Clause  58],  leave out paragraph (c).

Notices of Amendments: 25th June 2007

1483

Tribunals, Courts and Enforcement Bill [Lords], continued

Mr Austin Mitchell

33

Page  44,  line  6  [Clause  58],  leave out from ‘as’ to end of line 10 and insert ‘a

constable’.

Mr Austin Mitchell

34

Page  44,  line  11  [Clause  58],  leave out subsections (4) and (5).

Mr Austin Mitchell

35

Page  44,  line  29  [Clause  59],  at end insert—

‘(ba)

for certificates to be issued to—

(i)	officers of a Government department, and

(ii)	persons appointed under section 2(1) of the Courts Act 2003 who

are directly employed by a Government department or an

executive agency;’.

Mr Austin Mitchell

68

Page  44,  line  36  [Clause  59],  at end insert—

‘(h)	requiring enforcement agents to work subject to a published contract

when enforcing court fines, council tax and non-domestic rate arrears and

road traffic debts.’.

Mr Austin Mitchell

23

Page  46,  line  32  [Clause  68],  leave out second ‘the’ and insert ‘any commercial’.

Simon Hughes

Jenny Willott

8

Page  53  [Clause  84],  leave out lines 13 to 15.

Mark Fisher

83

Page  99,  line  18  [Clause  129],  after ‘with’, insert ‘the Due Diligence Guidelines

for Museums, Libraries and Archives on Collecting and Borrowing Cultural Material

published from time to time by the Department for Culture, Media and Sport in relation

to that object and’.

Notices of Amendments: 25th June 2007

1484

Tribunals, Courts and Enforcement Bill [Lords], continued

Mark Fisher

84

Page  99,  line  20  [Clause  129],  at end insert ‘(including provenance and if

appropriate ownership) on a public register for the purpose of inviting any person who

asserts a claim to that object to raise an objection to its inclusion in the exhibition within

a specified period.’.

Mark Fisher

85

Page  100,  line  10  [Clause  129],  at end insert—

‘(9A)

The Secretary of State shall make regulations for the establishment of an

independent committee, such as the Spoliation Advisory Committee, to monitor

the publication and reporting of specified information, the compliance of

museums and galleries with the Due Diligence Guidelines for Museums,

Libraries and Archives on Collecting and Borrowing Cultural Material published

from time to time by the Department for Culture, Media and Sport and the

handling of claims made or objections raised in relation to any object.’.

Mark Fisher

86

Page  101,  line  4  [Clause  131],  at end insert—

‘(2A)

It shall be a condition of such approval that any approved institution has agreed

to apply to each and every object the Due Diligence Guidelines for Museums,

Libraries and Archives on Collecting and Borrowing Cultural Material published

from time to time by the Department for Culture, Media and Sport.’.

Mark Fisher

87

Page  101,  line  6  [Clause  131],  after ‘particular,’, insert ‘it must withdraw

approval’.

Mark Fisher

88

Page  101,  line  10  [Clause  131],  after ‘reason),’, insert ‘and the institution has

failed to improve its procedures having received a warning from the appropriate authority

specifying a reasonable time frame in which to do so,’.

Mark Fisher

89

Page  101,  line  12  [Clause  131],  at end insert ‘and, in the case of failure which is

capable of remedy, has failed to remedy the failure having received a warning from the

appropriate authority specifying a reasonable time frame in which in which to do so.’.

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Revised 26 June 2007