MINISTRY OF JUSTICE
News Release (No:25-08) issued by The Government News Network on 18
March 2008
Plans designed to
protect householders from unscrupulous Bailiffs in England and
Wales were unveiled today by the Ministry of Justice.
The new measures will mean:
* More training for bailiffs to stamp out cowboy practices
* Set qualifications to raise standards
* A powerful independent regulator
Justice minister Maria Eagle said:
"People have a right to recover their debts, but no-one
should have the right to threaten, bully or intimidate people just
to collect cash they are owed.
Regulation of bailiffs is an important part of protecting
householders in disputes over debts and fines and will ensure only
licensed agents are able to enter a property.
"These rules will raise the level of professionalism among
bailiffs by ensuring they are trained and know their legal limits.
It will also ensure the public is protected by a properly
regulated sector.
The plans are announced in the Response to the consultation paper
"Regulation of Enforcement Agents" published today. This
document recommends that bailiffs in England and Wales should be
regulated by one body, the Security Industry Authority (SIA).
The responses show agreement on the need for a statutory body to
regulate the bailiff profession. It would deliver better value for
money, set one standard for the industry and one set of training
competencies leading to set qualifications.
Respondents also said that regulation would provide safeguards to
ensure debtors rights were not violated.
The report also confirms:
* We will need to look in detail at the different complaints
procedures. This will not be a role for the SIA.
* A commitment to ensure that there is a common set of standards
and a common system across the enforcement industry necessary to
regulate Crown employees.
* Enforcement agent powers are covered by the Tribunals, Courts
and Enforcement Act 2007. Extended powers of entry will not be
brought in to force until the statutory regulation of the industry
is in place.
Notes to Editors
1. The consultation paper "Regulation of Enforcement
Agents" set out the options for the future regulation of
enforcement agents and sought views on the evidence presented on
all the options.
2. The consultation closed on 25 April and this report summarises
the responses.
3. Information on people's rights and responsibilities when
bailiffs and other enforcement agents call on them is available
from the DirectGov website.
4. Any debtor or third party can lodge a written complaint to the
county court that granted the enforcement agent his/her
certificate. A judge determines whether the complaint has merit
and if the complaint is upheld, the enforcement agent will be
dealt with appropriately.
5. The Tribunals, Courts and Enforcement Act received Royal
Assent on 26 July 2007.
6. The measures in the Act brings together, in one place, the
laws regarding seizure and sale of goods. Enforcement agent law is
currently a mix of statute law, secondary legislation, case law,
guidance and codes of practice.
http://www.justice.gov.uk
ENDS