Consideration of Bill: 27th June 2007

1513

Tribunals, Courts and Enforcement Bill [Lords], continued

Vera Baird

51

Page  108,  line  5  [Clause  139],  leave out ‘91(1ZA)’ and insert ‘91(1)’.

Vera Baird

71

Page  108,  line  10  [Clause  139],  at end insert—

‘( )	In the entry for section 26(5), (6) and (9) of the Judicial Pensions and Retirement

Act 1993 (c. 8), for “and (9)” substitute “, (9) and (13)”.’.

Vera Baird

66

Page  109,  line  32  [Clause  143],  at end insert—

‘( )	Section [Appointment as Chairman of Law Commission] comes into force at the

end of the period of two months beginning with the day on which this Act is

passed.’.

Vera Baird

52

Page  110,  line  1  [Clause  143],  after ‘sections’ insert ‘53, 54, [Transfer from

salaried to fee-paid judicial office], [Appointment of Deputy Circuit judge],’.

Vera Baird

53

Page  110,  line  1  [Clause  143],  leave out ‘and this section’ and insert ‘, this section

and Schedule 11’.

Simon Hughes

Jenny Willott

5

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.’.

Mr Austin Mitchell

42

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 [Independent regulatory authority for bailiffs and

enforcement agents] have been complied with.’.

Consideration of Bill: 27th June 2007

1514

Tribunals, Courts and Enforcement Bill [Lords], continued

Mr Oliver Heald

Mr Henry Bellingham

Mr Tobias Ellwood

Mr Brooks Newmark

Mr Richard Benyon

James Brokenshire

9

Page  141  [Schedule  6],  leave out lines 18 and 19.

Vera Baird

54

Page  162,  line  12  [Schedule  8],  at end insert—

‘()	In section 26 (retirement date for holders of certain judicial offices etc.)

subsection (7) is amended as follows.

()	In paragraph (f) for the words from “(persons” to the end substitute “(holders

of relevant office);”.

()	After paragraph (g) insert—

“(ga)

hold office as a deputy judge of the Upper Tribunal if—

(i)	section 94B of the Constitutional Reform Act 2005

applied to the appointment, and

(ii)	his corresponding qualifying office was listed in

section 6(1) of the Tribunals, Courts and Enforcement

Act 2007;”’.

Vera Baird

55

Page  162  [Schedule  8],  leave out lines 40 to 42 and insert—

‘Deputy judge of the Upper Tribunal appointed under paragraph 7(1) of

Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in

a case where the holding of the office by the person in question falls

within section 26(7)(ga) of this Act

Deputy judge of the Upper Tribunal by virtue of an order under section

31(2) of the Tribunals, Courts and Enforcement Act 2007’.

Vera Baird

56

Page  201,  line  26  [Schedule  11],  leave out from ‘judge,’ to end of line 33 and insert

‘or

(b)	holds, or has held, the office of district judge.

(1B)	The Lord Chancellor may not appoint a person under subsection (1) without the

concurrence of the Lord Chief Justice if the person—

(a)	holds the office of district judge, or

(b)	ceased to hold the office of district judge within two years ending with

the date when the appointment takes effect.

Consideration of Bill: 27th June 2007

1515

Tribunals, Courts and Enforcement Bill [Lords], continued

(1C)	Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain

office holders) does not apply to an appointment to which subsection (1B)

applies.”’.

Vera Baird

57

Page  201,  line  38  [Schedule  11],  leave out ‘under subsection (1B)’ and insert ‘to

which subsection (1B) applies’.

Vera Baird

58

Page  202,  line  24  [Schedule  11],  leave out sub-paragraphs (2) and (3) and insert—

‘(2)	If the person had held the office of district judge before his appointment, the

person is to be treated after the commencement date as if section 102(1B) of

that Act had applied to his appointment (and had been complied with).’.

Vera Baird

59

Page  203,  line  7  [Schedule  11],  leave out from ‘judge,’ to end of line 14 and insert

‘or

(b)	holds, or has held, the office of district judge.

(1ZB)

The Lord Chancellor may not appoint a person under subsection (1)

without the concurrence of the Lord Chief Justice if the person—

(a)	holds the office of district judge, or

(b)	ceased to hold the office of district judge within two years

ending with the date when the appointment takes effect.

(1ZC)

Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of

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

subsection (1ZB) applies.”

( )	In subsection (1A)(a) (duration of appointment as deputy district judge of

person who previously held office as district judge), for “if he has previously

held office as a district judge,” substitute “if subsection (1ZB) applies to the

appointment,”.’.

Vera Baird

60

Page  204,  line  4  [Schedule  11],  leave out from ‘date’ to end of line 5 and insert ‘as

if section 8(1ZB) of that Act had applied to his appointment (and had been complied

with).’.

Consideration of Bill: 27th June 2007

1516

Tribunals, Courts and Enforcement Bill [Lords], continued

Vera Baird

61

Page  204  [Schedule  11],  leave out lines 15 to 19 and insert—

‘“(g)

hold office as a deputy district judge if either section 102(1B) of that Act

(former district judge appointed as deputy in the High Court) or section

8(1ZB) of the County Courts Act 1984 (former district judge appointed

as deputy in the county courts) applied to the appointment;”.’.

Vera Baird

62

Page  204  [Schedule  11],  leave out lines 24 and 25 and insert ‘, for the words after

“except in a case where” substitute “subsection (1B) of that section applied to the

appointment of the person in question.”’.

Vera Baird

63

Page  204  [Schedule  11],  leave out lines 28 and 29 and insert ‘, for the words after

“except in a case where” substitute “subsection (1ZB) of that section applied to the

appointment of the person in question.”’.

Mr Austin Mitchell

24

Page  205,  line  21  [Schedule  12],  leave out sub-paragraph (3).

Mr Oliver Heald

Mr Henry Bellingham

11

Page  205,  line  27  [Schedule  12],  at end insert—

‘(5)	In exercising any of their powers or duties under this procedure enforcement

agents and any persons authorised to act on their behalf shall act in accordance

with National Standards and any guidance issued by the Lord Chancellor.’.

Simon Hughes

Jenny Willott

1

Page  206,  line  16  [Schedule  12],  after ‘means’, insert—

‘(a)

’.

Simon Hughes

Jenny Willott

2

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;

Consideration of Bill: 27th June 2007

1517

Tribunals, Courts and Enforcement Bill [Lords], continued

(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;’.

Mr Oliver Heald

Mr Henry Bellingham

19

Page  206,  line  17  [Schedule  12],  at end insert—

‘(b)	goods that fall within paragraph 4A(1);’.

Mr Oliver Heald

Mr Henry Bellingham

13

Page  206,  line  31  [Schedule  12],  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 Austin Mitchell

41

Page  206,  line  31  [Schedule  12],  at end insert—

‘Protection from disproportionate enforcement action

3A	The Secretary of State shall issue guidance to ensure that the poor, vulnerable

and socially excluded people are protected from disproportionate enforcement

action.’.

Mr Oliver Heald

Mr Henry Bellingham

12

Page  207,  line  3  [Schedule  12],  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,

Consideration of Bill: 27th June 2007

1518

Tribunals, Courts and Enforcement Bill [Lords], continued

(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.’.

Simon Hughes

Jenny Willott

Mr Oliver Heald

Mr Henry Bellingham

3

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.’.

Mr Austin Mitchell

25

Page  208,  line  2  [Schedule  12],  at end insert ‘and has signed a form to indicate that

the notice has been received’.

Mr Austin Mitchell

69

Page  208,  line  2  [Schedule  12],  at end insert ‘by recorded delivery mail and, in the

event of any failure of delivery, by personal visit by the enforcement agent, acknowledged

by the signature of the debtor.’.

Consideration of Bill: 27th June 2007

1519

Tribunals, Courts and Enforcement Bill [Lords], continued

Mr Austin Mitchell

36

Page  208,  line  28  [Schedule  12],  at end insert ‘and only if they are not money,

clothing, bedding, furniture, household equipment and provisions as are necessary for

satisfying the basic domestic needs of the debtor and his or her family or such tools or

other items of equipment as are necessary for the debtor to continue in his business,

employment, vocation or education.

(2)	Regulations may clarify, limit or expand the exemptions in subparagraph (1),

including but not limited to placing an upper monetary limit on the value of a

protected item where necessary.’.

Mr Austin Mitchell

26

Page  209  [Schedule  12],  leave out line 6.

Simon Hughes

73

Page  209,  line  7  [Schedule  12],  leave out ‘either under paragraph 14 or’.

Mr Austin Mitchell

38

Page  209,  line  14  [Schedule  12],  leave out paragraph 13.

Mr Austin Mitchell

27

Page  209,  line  21  [Schedule  12],  leave out sub-paragraph (2).

Mr Oliver Heald

Mr Henry Bellingham

20

Page  209,  line  29  [Schedule  12],  at end insert ‘or other competent person’.

Mr Oliver Heald

Mr Henry Bellingham

16

Page  209,  line  34  [Schedule  12],  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 Oliver Heald

Mr Henry Bellingham

15

Page  209,  line  34  [Schedule  12],  at end insert—

---

Revised 27 June 2007