MINISTRY OF JUSTICE
News Release (035/09) issued by COI News Distribution Service. 17
March 2009
Plans for a new
code regulating the activities of bailiffs were announced by
Justice Minister Bridget Prentice today.
To provide clarity for debtors and certainty for creditors, the
following measures will be implemented in advance of full
independent regulation:
* an on-line certificated bailiff register allowing debtors to
check bailiffs' certification status;
* an extension to the certification process to ensure that all
bailiffs provide a Criminal Records Bureau check with their application;
* minimum training requirements and competences for inclusion in
the certification process.
These measures, which will commence later in the year, will
contribute to the development of the more permanent solution of
independent regulation in 2012.
However, following a comprehensive reassessment of the provisions
in the Tribunals, Courts and Enforcement Act 2007 ordered by the
Secretary of State for Justice, the Government will not be
extending bailiffs' powers of entry and the use of force by
enforcement agents, and will not be commencing Charging Order reforms.
Justice Minister Bridget Prentice said:
"Last year Jack Straw asked me to look again at enforcement
provisions contained in the TCE Act, to assess whether they
remained appropriate. "As a result the Government is today
introducing plans for a number of measures and which will prepare
the ground for long term reform of the enforcement industry and a
new code governing the activities of bailiffs.
"This will help debtors, creditors, bailiffs and the police
understand what their rights and responsibilities are when debts
are enforced. However, following the reassessment the Government
will not now be commencing provisions on Charging Orders or taking
any action that would extend bailiffs powers of entry."
Notes to Editors
1. The Tribunals Courts and Enforcement (TCE) Act received Royal
Assent in 2007.
2. A written ministerial statement was placed in the House on 17
March 2009
3. Bailiff reforms based on provisions in the TCE Act will do
away with complex and archaic legislation to ensure that bailiffs
carry out their work in a transparent, fair and honest way, and
offer certainty for creditors and clarity for debtors. In
particular, subject to consultation, regulations under the Act
will clarify:
* When and how a bailiff can enter somebody's premises.
* What goods they can and cannot seize and sell.
* What fees they can charge.
The regulations are designed to help debtors, creditors, bailiffs
and the police understand their rights and responsibilities in enforcement.
4. For more information, please contact Ministry of Justice Press
Office on 020 33 34 35 36.
ENDS
News Release
http://www.justice.gov.uk