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| Tribunals, Courts and Enforcement Bill [Lords]
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| [Third and Fourth Sittings]
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| | Negatived on division 158 |
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| Schedule 12, page 206, line 16, after ‘means’, insert— |
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| Schedule 12, page 206, line 17, at end insert— |
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| | ‘(b) | such tools, books, vehicles and other items of equipment as are necessary |
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| | to the debtor for use personally by him in his employment, business or |
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| | (c) | such clothing, bedding, furniture, household equipment and provisions as |
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| | a necessary for satisfying the basic domestic needs of the debtor and his |
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| | (d) | money where an enforcement agent has reasonable cause to believe that |
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| | this would be necessary for the immediate domestic needs of the debtor |
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| Schedule 12, page 206, line 17, at end insert— |
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| | ‘(b) | goods that fall within paragraph 4A(1);’. |
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| Schedule 12, page 206, line 31, at end insert— |
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| | 3A (1) | The Secretary of State shall issue a code of conduct to ensure that the poor, |
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| | vulnerable and socially excluded are protected from disproportionate |
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| | (2) | Enforcement agents, courts, creditors and others with responsibility for an |
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| | enforcement action shall comply with the code of conduct.’. |
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| Schedule 12, page 207, line 3, at end insert— |
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| | ‘4A(1) | The following fall into the definition of exempt goods so as to preclude seizure |
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| | (a) | any goods which are fixtures or fittings attached to the premises |
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| | including goods which are plumbed in or connected to water, fuel or |
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| | (b) | domestic animals and animals kept as pets, |
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| | (d) | any dog on which a blind person relies, |
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| | (e) | any animal which is kept for commercial gain, save as allowed |
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| | through common law and where provision for the welfare of the |
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| | animal has been arranged in advance, |
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| | (f) | in the case of domestic dwellings no sum of money of £500 in cash or |
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| | (g) | in the case of domestic dwellings no sum of money which would leave |
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| | the debtor with less than £500. |
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| | (2) | In the case of domestic dwellings no sum of money above £500 is to be |
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| | removed without the civil enforcement officer recording the purpose for which |
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| | the money is to be used.’. |
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| Schedule 12, page 207, line 42, at end insert— |
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| | ‘Rights and remedies information |
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| | 6A (1) | Her Majesty’s Court Service shall prepare an information sheet to inform |
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| | debtors of the rights and remedies available to them with respect to an |
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| | (2) | Regulations must make provision for the information to be included in an |
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| | information sheet to include— |
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| | (a) | powers of entry and re-entry; |
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| | (b) | limits and controls on the power to use reasonable force; |
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| | (d) | ways of taking control of goods; |
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| | (e) | permitted costs and charges; |
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| | (h) | how to ask for time to pay; |
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| | (i) | where to go for advice and assistance. |
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| | (3) | Regulations must make provision for the form, ordering and prominence of |
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| | (4) | The Lord Chancellor shall consult such persons and bodies he considers |
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| | appropriate on the content of regulations under this paragraph.’. |
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| Schedule 12, page 208, line 5, at end insert ‘which should not be more than one |
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| Schedule 12, page 208, line 9, at end insert— |
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| | ‘(2A) | A notice given under this paragraph shall include an information sheet |
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| | prepared under paragraph 6A.’. |
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| Schedule 12, page 209, line 16, at end insert ‘by serving a notice on the debtor or a |
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| person in control of the premises and additionally, if the enforcement agent deems it |
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| necessary, by physically securing the goods’. |
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| Schedule 12, page 209, line 19, at end insert ‘, if this will not cause undue hardship |
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| to the debtor or his family or significantly impair his ability to continue in his business, |
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| Schedule 12, page 209, line 20, at end insert ‘or with a person in control of the |
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| premises where the goods are found’. |
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| Schedule 12, page 209, line 29, at end insert ‘or other competent person’. |
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| Schedule 12, page 209, line 34, at end insert— |
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| | ‘(5) | In this paragraph a “competent person” is any person either residing at the |
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| | relevant premises or working at the relevant premises where these are premises |
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| | where the debtor carries out trade or business at the time when control is taken, |
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| | (a) | is 18 years of age or over; and |
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| | (b) | fully understands the consequences of the procedure being carried |
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| Schedule 12, page 209, line 34, at end insert— |
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| | ‘Premises occupied by a single woman or persons under 16 |
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| | 13A | Where a dwelling is known or believed to be occupied by a single woman or a |
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| | child under 16, no visit with the intention of seizing goods shall be permitted |
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| | unless the enforcement officer is female or is accompanied by a female |
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| Schedule 12, page 209, line 37, at end insert— |
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| | ‘(1A) | This Act expressly preserves all common law rights restricting entry by force |
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| | to a private dwelling by a civil enforcement agent.’. |
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| Schedule 12, page 210, line 7, at end insert— |
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| | ‘(7) | Entry without a warrant by an enforcement agent to premises containing domestic |
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| | or living accommodation is restricted to the normal methods and places of entry |
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| | used by visitors to the premises.’. |
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| Schedule 12, page 210, line 28, leave out paragraphs 17 to 22 and insert— |
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| | ‘Application for power to use reasonable force |
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| | 16A(2) | This paragraph applies if an enforcement agent has the power to enter the |
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| | premises under paragraph 14 or 16 or under a warrant under paragraph 15. |
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| | (3) | If the creditor applies to the court, it may issue a warrant authorising an |
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| | enforcement agent to use, if necessary, reasonable force to enter the premises |
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| | for the purpose of taking control of goods. |
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| | (4) | The court may issue a warrant under sub-paragraph (2) only if it is satisfied that |
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| | there are exceptional circumstances. |
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| | (5) | In considering whether to issue a warrant under sub-paragraph (2), the court |
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| | shall have regard to the matters set out in sub-paragraph (5). |
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| | (a) | the nature of the debt; |
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| | (b) | whether the debtor resides at the premises specified in the application; |
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| | (c) | whether the debtor carries on a trade or business at those premises; |
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| | (d) | the personal and financial circumstances of the debtor and their |
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| | (e) | whether the likely costs arising from execution of the enforcement |
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| | power (including, but not limited to, those costs arising from use of |
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| | reasonable force) are proportional to the debt; |
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| | (f) | whether the creditor has, so far as it is reasonable, attempted to enforce |
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| | payment of the debt by other means. |
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| | (7) | For the purposes of this paragraph, exceptional circumstances are— |
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| | (a) | that the debtor has been given reasonable opportunity to repay by |
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| | affordable instalments but has deliberately or wilfully chosen not to do |
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| | (b) | that the debtor is not a vulnerable person; |
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| | (c) | that there is a reasonable prospect that the sum recovered from the sale |
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| | of the debtor’s goods would be at least equal to an amount prescribed |
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| | by order of the Lord Chancellor. |
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| | (8) | Regulations shall prescribe the circumstances in which debtors are to be |
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| | defined as vulnerable persons for the purposes of this paragraph. |
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| | (9) | The Lord Chancellor shall consult such persons or bodies as he considers |
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| | appropriate on the content of the regulations made under sub-paragraph (7). |
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| | (10) | The court may not issue a warrant under sub-paragraph (2) until regulations |
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| | under sub-paragraph (7) have come into force. |
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| | (11) | The court may suspend the operation of a warrant under sub-paragraph (2) on |
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| | such terms as it sees fit on its own volition or on the application of the debtor |
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| | at any time before goods taken under control have been sold.’. |
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| Schedule 12, page 210, line 28, leave out paragraphs 17 to 22 and insert— |
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| | ‘Preservation of common law rights restricting entry by force |
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| | 16A | This Act expressly preserves all common law rights restricting entry by force |
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| | to a private dwelling by a civil enforcement agent.’. |
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| Schedule 12, page 211, line 30, leave out paragraph 24 and insert— |
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| | ‘24(1) | Nothing in this Act shall permit the entry by force to a dwelling house by a civil |
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| | (a) | the door is locked or secured against entry; |
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| | (b) | a householder has indicated to a civil enforcement officer or |
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| | enforcement agent that such entry is refused; or |
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| | (c) | where a dwelling is occupied or appears to be occupied by a person or |
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| | persons under 16 or by a person lacking the mental capacity to |
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| | understand the consequences of entry. |
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| | (2) | Nothing in this Act shall allow a civil enforcement officer pursuing a fine |
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| | recoverable as a civil debt to— |
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| | (a) | search a person without their consent; |
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| | (b) | search a person of the opposite sex; |
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| | (c) | remove items of clothing or jewellery or other wearing apparel; |
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| | (d) | remove a person from a dwelling who has sole care of children |
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| | resident in that dwelling whether the children are physically present at |
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| | (3) | Nothing under this Act permits a civil enforcement officer or agent enforcing |
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| | any other civil order or judgment of the court to— |
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| | (a) | use force against an occupier or person present in the dwelling save in |
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| | as is permitted at common law or under section 3 of the Criminal Law |
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| | (b) | conduct a search of a person in a dwelling; |
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| | (c) | remove any item of clothing, jewellery or wearing apparel or other |
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| Schedule 12, page 212, line 6, leave out sub-paragraph (2). |
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| Schedule 12, page 212, line 8, leave out sub-paragraph (4). |
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| Schedule 12, page 212, line 9, leave out sub-paragraph (5). |
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