Schedule 12
Tribunals, Courts and Enforcement Bill [Lords]
4:00 pm
16A This Act expressly preserves all common law rights restricting entry by force to a private dwelling by a civil enforcement agent.’.
Amendment No. 100, in schedule 12, page 211, line 30, leave out paragraph 24 and insert—
‘24 (1) Nothing in this Act shall permit the entry by force to a dwelling house by a civil enforcement agent where—
(a) the door is locked or secured against entry;
(b) a householder has indicated to a civil enforcement officer or enforcement agent that such entry is refused; or
(c) where a dwelling is occupied or appears to be occupied by a person or persons under 16 or by a person lacking the mental capacity to understand the consequences of entry.
(2) Nothing in this Act shall allow a civil enforcement officer pursuing a fine recoverable as a civil debt to—
(a) search a person without their consent;
(b) search a person of the opposite sex;
(c) remove items of clothing or jewellery or other wearing apparel;
(d) remove a person from a dwelling who has sole care of children resident in that dwelling whether the children are physically present at that time or not.
(3) Nothing under this Act permits a civil enforcement officer or agent enforcing any other civil order or judgment of the court to—
(a) use force against an occupier or person present in the dwelling save in as is permitted at common law or under section 3 of the Criminal Law Act 1967 (c. 58);
(b) conduct a search of a person in a dwelling;
(c) remove any item of clothing, jewellery or wearing apparel or other object from a person.’.
Amendment No. 101, in schedule 12, page 212, line 6, leave out sub-paragraph (2).
Amendment No. 102, in schedule 12, page 212, line 8, leave out sub-paragraph (4).
Amendment No. 103, in schedule 12, page 212, line 9, leave out sub-paragraph (5).
Amendment No. 104, in schedule 12, page 212, line 37, leave out sub-paragraph (4).
Amendment No. 128, in clause 60, page 44, line 42, at end insert
‘, except those common law rules and restrictions expressly preserved.’.
Amendment No. 129, in clause 60, page 45, line 8, at end insert—
‘(e) rules of peaceful and forced entry and re-entry to property.’.
Clause 60 stand part.