New CPR for Bailiff certification and complaints

[Amethyst]

For bailiffs on council tax and government stuff you complain to the LGO - still have court action available though thus;



The 70th Update to the Civil Procedure Rules introduces changes to implement s.64 of the Tribunals Courts and Enforcement Act 2007, which requires all enforcement agents to be certificated unless exempt under s.63.
The rules provide that applications for issue of a certificate to act as an enforcement agent must be made to the County Court Business Centre in Northampton. The hearing of the application and any complaint procedures will be held at one of the 25 nominated County Court hearing centres. The rules also provides for a complaints procedure, if an enforcement agent acts in a manner which no longer makes them fit to practice, the certificate can be cancelled or suspended by the court.
The amendments for this update are contained in a Statutory Instrument and Practice Direction Making Document.
Please note the transitional provisions in the Statutory Instrument.

The Statutory Instrument
The Practice Direction Making Document (PDF)
New forms:
EAC1 Application for certificate to act as an enforcement agent
EAC2 Complaint against a certificate person

[Amethyst]

Re: Reported Post by Celestine

It will be Practice direction 84



PRACTICE DIRECTION 84 – ENFORCEMENT BY TAKING CONTROL OF GOODS
1. After paragraph 1.3, insert—


“Part 84 – Section IV – Proceedings in relation to certificates under section 64 of
the 2007 Act

Rule 84.18 – Documents to accompany application for issue of a certificate
2.1 (1) The application for the issue of a certificate must state the applicant’s name
(and employer, if any), and be accompanied by the following—
(a) two references, of which—
(i) one may be from the applicant’s employer or an approved officer of
the Civil Enforcement Association or of the High Court Enforcement
Officers’ Association; and
(ii) one must deal with the applicant’s knowledge of the law and
procedure relating to powers of enforcement by taking control of goods
and commercial rent arrears recovery, and the applicant’s experience of,
and conduct in, exercising such powers;
(b) a certified copy of the result of a search (which must be no more than one
month old) of the Register of judgments, orders, fines and tribunal decisions
against—
(i) the applicant’s full name; and
(ii) the applicant’s home and business addresses for the last six years;
(c) two passport sized photographs of the applicant (one to be retained on the
court file and the other to be affixed to the certificate if issued);
(d) a copy (which must conform to the design and layout prescribed in the
Schedule to the Certification Regulations and be on paper of durable quality and
in a clear and legible printed or typewritten form with a font size no less than 10
point) of each of the following forms required by the TCG Regulations and
intended to be used by the applicant when exercising powers of taking control of
goods or commercial rent arrears recovery—
(i) notice of enforcement (required by Regulation 7);
(ii) controlled goods agreement (required by Regulation 15);
(iii) warning of immobilisation (required by Regulation 16(3));
(iv) notice of re-entry (required by Regulation 26);
(v) notice after entry or taking control of goods on a highway and
inventory of goods taken into control (required by Regulation 30);
(vi) notice of removal for storage or sale (required by Regulation 32);
(vii) inventory of goods (required by Regulation 33);
(viii) notice of sale (required by Regulation 39);
(ix) notice of abandonment (required by Regulation 47(3));
(e) proof that the applicant—
(i) has achieved at least a qualification on Taking Control of Goods at
(or above) Level 2 of the Qualifications and Credit Framework or
equivalent as determined by a nationally accredited awarding body; or
Practice Direction to 70th Update 3
(ii) has been authorised to act as an enforcement officer in accordance
with the High Court Enforcement Officers Regulations 2004.
(2) In addition, the applicant must produce to the court on the date of the hearing—
(a) a certified copy of a—
(i) criminal conviction certificate;
(ii) criminal record certificate; or
(iii) enhanced criminal record certificate
issued pursuant to Part V of the Police Act 1997 and which is not more than one
month old;
(b) written evidence of the lodging by way of bond of the security required by
regulation 6 of the Certification Regulations.

Rule 84.18 – Application for issue of a certificate

2.2 The County Court hearing centres referred to in rule 84.18(3) are—
London
Central London
Midlands
Birmingham
Northampton
Nottingham
Worcester
North-East
Gateshead
Kingston Upon Hull
Middlesbrough
York
North-West
Birkenhead
Burnley
Oldham
South-East
Brighton
Chelmsford
Dartford
Hertford
Norwich
Oxford
South-West
Bristol
Plymouth
Southampton
Wales
Caernarfon
Practice Direction to 70th Update 4
Cardiff
Swansea
Wrexham.”

[Amethyst]

Re: Reported Post by Celestine

This is from Lexis


6 April 2014: Enforcement

Widespread changes are being made to provisions dealing with enforcement. This is as a consequence of provisions within the TCEA 2007 coming into force which deal with enforcement agents when taking control of and selling goods. In addition the Act took the opportunity to unify terminology that has been used in various legislation over the years dealing with issue of enforcement.

The main changes will be four new Parts dealing with:

Part 83: Writs and warrants – general provisions

Part 84: Enforcement by taking control of goods

Part 85: Claims in controlled goods and executed goods

Part 86: stakeholder claims and applications

In addition, to the new Parts there will be amendments to CPR provisions to consolidate enforcement provisions which, until now, have been set out in some of the RSC Orders and practice directions together with the CCR orders. Examples include a new CPR 70.2A which incorporates RSC 45, rule 8 dealing with the court being able to order that an act be done at the expense of the disobedient party.

As a consequence of this some of the RSC Orders and practice directions together with the CCR orders will become obsolete.

In addition, an SI dealing with the Certification of Enforcement Agents will also come into force.

[Amethyst]

Re: New CPR for Bailiff certification and complaints

Links now up properly on MOJ CPR site

Part 83 Writs and Warrants – General Provisions
Practice Direction 83 Writs and Warrants – General Provisions
Part 84 Enforcement by taking control of goods
Practice Direction 84 Enforcement by taking control of goods
Part 85 Claims on Controlled Goods and Executed Goods

[Milo]

Re: New CPR for Bailiff certification and complaints

I am actually putting together a Simplified Guidance on the new regulations and one part will be regarding making complaints to the Court. Such a guide is necessary so that debtors considering making such a complaint should be aware left of the strict criteria that needs to be followed from 6th April when seeking to make a Complaint.

In the past a complaint could be made on the basis that a bailiff was not a 'fit and proper' person to hold a certificate. Under the new system the bailiffs 'FITNESS' is now the only ground to be considered. as to what constitutes 'fitness'...that will invariably be for the court to decide as complaints are heard.

The crucial points however are firstly that the statutory regulations now provide make it clear that complainants may be ordered to pay 'such costs as it considers reasonable' if it is satisfied that the complaint:

"Discloses no reasonable grounds for considering that the certificated person is not a fit person to hold a certificate"

and the the complaint:

"Amounts to an abuse of the court's process"

Full details are to be found under para 84.20 of The Civil Procedure (Amendment No 2) Rules 2014

http://www.legislation.gov.uk/uksi/2014/482/schedule/made

[Amethyst]

Re: New CPR for Bailiff certification and complaints

Thank you Milo, that would be very helpful and welcome xx