---

Tribunals, Courts and Enforcement Bill [Lords]

With this it will be convenient to discuss the following: New clause 4—Uniforms ‘All enforcement agents, both private and Crown-employed, must at all times wear such uniform or other means of identification as shall be prescribed.’. New clause 5— Enforcement by taking control of goods ‘(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. (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.’. New clause 6— Independent regulatory authority for bailiffs and enforcement agents ‘(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.’. Amendment No. 37, page 43, line 21, leave out clause 57. Amendment No. 21, in clause 58, page 44, line 4, leave out paragraph (c). Amendment No. 33, page 44, line 6 , leave out from ‘as’ to end of line 10 and insert ‘a constable’. Amendment No. 34, page 44, line 11, leave out subsections (4) and (5). Amendment No. 35, in clause 59, page 44, line 29 , 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;’. Amendment No. 5, in clause 143, page 110, line 3 , 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.’. Amendment No. 42, page 110, line 3 , 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.’. Amendment No. 24, in schedule 12, page 205, line 21, leave out sub-paragraph (3).