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Tribunals, Courts and Enforcement Bill [Lords]

With this it will be convenient to discuss the following amendments: No. 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.’. No. 8, page 53 [Clause 84], leave out lines 13 to 15. No. 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.’. No. 1, page 206, line 16, after ‘means’, insert— ‘(a) ’. No. 2, 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 are necessary for satisfying the basic domestic needs of the debtor and his family; 27 Jun 2007 : Column 398 (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;’. No. 19, page 206, line 17, at end insert— ‘(b) goods that fall within paragraph 4A(1);’. No. 13, 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.’. No. 41, page 206, line 31, 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.’. No. 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.’. No. 3, 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.’. 27 Jun 2007 : Column 399 No. 25, page 208, line 2, at end insert— ‘and has signed a form to indicate that the notice has been received’. No. 69, page 208, line 2, 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.’. No. 36, page 208, line 28, 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.’. No. 26, page 209, leave out line 6. No. 38, page 209, line 14, leave out paragraph 13. No. 27, page 209, line 21, leave out sub-paragraph (2). No. 20, page 209, line 29, at end insert ‘or other competent person’. No. 16, 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.’. No. 15, 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.’. No. 28, page 213, line 2, at end insert— ‘and after notice has been given to the owner of any vehicle in relation to which the power is to be exercised’. No. 70, page 213, line 2, at end insert— ‘(1A) There shall be no enforcement action until notice has been served 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.’. No. 29, page 213, line 7, at end insert— ‘, before doing either of those things,’. No. 30, page 213, line 12, leave out sub-paragraphs (3) and (4) and insert— ‘(3) The enforcement agent must deliver the notice to any relevant premises in a sealed envelope addressed to the debtor. (4) Premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor— (a) usually lives, or (b) carries on a trade or business.’. No. 31, page 213, line 37, leave out ‘Before the end of the minimum period’ and insert— ‘If a vehicle is clamped or removed under the provisions of this Schedule’. 27 Jun 2007 : Column 400 No. 32, page 214, line 1, leave out sub-paragraph (2). No. 40, page 217, line 24, leave out sub-paragraph (2). No. 7, page 221, line 28, at end insert— ‘(4A) Regulations must make provision for legal aid to be available where financially necessary in all such actions.’. Government amendment No. 64. Government amendment No. 65.