House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

19

House of Commons

Tuesday 20th March 2007

Public Bill Committee Proceedings

Tribunals, Courts and Enforcement Bill [Lords]

[Third and Fourth Sittings]

Clause 57 Agreed to.

Simon Hughes

Jenny Willott

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Negatived on division  158

Schedule  12,  page  206,  line  16,  after ‘means’, insert—

‘(a)
’.

Simon Hughes

Jenny Willott

Not called  159

Schedule  12,  page  206,  line  17,  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

a 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;’.

Public Bill Committee Proceedings: 20th March 2007
20

Tribunals, Courts and Enforcement Bill–[ [], continued

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  161

Schedule  12,  page  206,  line  17,  at end insert—

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

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Simon Hughes

Withdrawn  85

Schedule  12,  page  206,  line  31,  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 Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  86

Schedule  12,  page  207,  line  3,  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,

(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.’.

Public Bill Committee Proceedings: 20th March 2007
21

Tribunals, Courts and Enforcement Bill–[ [], continued

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Simon Hughes

Not called  87

Schedule  12,  page  207,  line  42,  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 Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not moved  88

Schedule  12,  page  208,  line  5,  at end insert ‘which should not be more than one

working day’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Simon Hughes

Not called  89

Schedule  12,  page  208,  line  9,  at end insert—

  ‘(2A)
A notice given under this paragraph shall include an information sheet

prepared under paragraph 6A.’.

Public Bill Committee Proceedings: 20th March 2007
22

Tribunals, Courts and Enforcement Bill–[ [], continued

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Withdrawn  90

Schedule  12,  page  209,  line  16,  at end insert ‘by serving a notice on the debtor or a

person in control of the premises and additionally, if the enforcement agent deems it

necessary, by physically securing the goods’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Simon Hughes

Not called  91

Schedule  12,  page  209,  line  19,  at end insert ‘, if this will not cause undue hardship

to the debtor or his family or significantly impair his ability to continue in his business,

employment or vocation’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  92

Schedule  12,  page  209,  line  20,  at end insert ‘or with a person in control of the

premises where the goods are found’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Simon Hughes

Not called  93

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

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Simon Hughes

Not called  94

Schedule  12,  page  209,  line  34,  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.’.

Public Bill Committee Proceedings: 20th March 2007
23

Tribunals, Courts and Enforcement Bill–[ [], continued

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Negatived on division  95

Schedule  12,  page  209,  line  34,  at end insert—

‘Premises occupied by a single woman or persons under 16

13A
Where a dwelling is known or believed to be occupied by a single woman or a

child under 16, no visit with the intention of seizing goods shall be permitted

unless the enforcement officer is female or is accompanied by a female

enforcement officer.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not selected  96

Schedule  12,  page  209,  line  37,  at end insert—

  ‘(1A)
This Act expressly preserves all common law rights restricting entry by force

to a private dwelling by a civil enforcement agent.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Withdrawn  97

Schedule  12,  page  210,  line  7,  at end insert—

‘(7)
Entry without a warrant by an enforcement agent to premises containing domestic

or living accommodation is restricted to the normal methods and places of entry

used by visitors to the premises.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Simon Hughes

Negatived on division  98

Schedule  12,  page  210,  line  28,  leave out paragraphs 17 to 22 and insert—

‘Application for power to use reasonable force

16A(2)
This paragraph applies if an enforcement agent has the power to enter the

premises under paragraph 14 or 16 or under a warrant under paragraph 15.

      (3)
If the creditor applies to the court, it may issue a warrant authorising an

enforcement agent to use, if necessary, reasonable force to enter the premises

for the purpose of taking control of goods.

      (4)
The court may issue a warrant under sub-paragraph (2) only if it is satisfied that

there are exceptional circumstances.

Public Bill Committee Proceedings: 20th March 2007
24

Tribunals, Courts and Enforcement Bill–[ [], continued

      (5)
In considering whether to issue a warrant under sub-paragraph (2), the court

shall have regard to the matters set out in sub-paragraph (5).

      (6)
Those matters are—

(a)
the nature of the debt;

(b)
whether the debtor resides at the premises specified in the application;

(c)
whether the debtor carries on a trade or business at those premises;

(d)
the personal and financial circumstances of the debtor and their

family;

(e)
whether the likely costs arising from execution of the enforcement

power (including, but not limited to, those costs arising from use of

reasonable force) are proportional to the debt;

(f)
whether the creditor has, so far as it is reasonable, attempted to enforce

payment of the debt by other means.

      (7)
For the purposes of this paragraph, exceptional circumstances are—

(a)
that the debtor has been given reasonable opportunity to repay by

affordable instalments but has deliberately or wilfully chosen not to do

so;

(b)
that the debtor is not a vulnerable person;

(c)
that there is a reasonable prospect that the sum recovered from the sale

of the debtor’s goods would be at least equal to an amount prescribed

by order of the Lord Chancellor.

      (8)
Regulations shall prescribe the circumstances in which debtors are to be

defined as vulnerable persons for the purposes of this paragraph.

      (9)
The Lord Chancellor shall consult such persons or bodies as he considers

appropriate on the content of the regulations made under sub-paragraph (7).

    (10)
The court may not issue a warrant under sub-paragraph (2) until regulations

under sub-paragraph (7) have come into force.

    (11)
The court may suspend the operation of a warrant under sub-paragraph (2) on

such terms as it sees fit on its own volition or on the application of the debtor

at any time before goods taken under control have been sold.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  99

Schedule  12,  page  210,  line  28,  leave out paragraphs 17 to 22 and insert—

‘Preservation of common law rights restricting entry by force

16A
This Act expressly preserves all common law rights restricting entry by force

to a private dwelling by a civil enforcement agent.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  100

Schedule  12,  page  211,  line  30,  leave out paragraph 24 and insert—

‘24(1)
Nothing in this Act shall permit the entry by force to a dwelling house by a civil

enforcement agent where—

Public Bill Committee Proceedings: 20th March 2007
25

Tribunals, Courts and Enforcement Bill–[ [], continued

(a)
the door is locked or secured against entry;

(b)
a householder has indicated to a civil enforcement officer or

enforcement agent that such entry is refused; or

(c)
where a dwelling is occupied or appears to be occupied by a person or

persons under 16 or by a person lacking the mental capacity to

understand the consequences of entry.

      (2)
Nothing in this Act shall allow a civil enforcement officer pursuing a fine

recoverable as a civil debt to—

(a)
search a person without their consent;

(b)
search a person of the opposite sex;

(c)
remove items of clothing or jewellery or other wearing apparel;

(d)
remove a person from a dwelling who has sole care of children

resident in that dwelling whether the children are physically present at

that time or not.

      (3)
Nothing under this Act permits a civil enforcement officer or agent enforcing

any other civil order or judgment of the court to—

(a)
use force against an occupier or person present in the dwelling save in

as is permitted at common law or under section 3 of the Criminal Law

Act 1967 (c. 58);

(b)
conduct a search of a person in a dwelling;

(c)
remove any item of clothing, jewellery or wearing apparel or other

object from a person.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  101

Schedule  12,  page  212,  line  6,  leave out sub-paragraph (2).

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  102

Schedule  12,  page  212,  line  8,  leave out sub-paragraph (4).

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  103

Schedule  12,  page  212,  line  9,  leave out sub-paragraph (5).