Clause 58
Tribunals, Courts and Enforcement Bill [Lords]
5:30 pm
John Bercow (Buckingham, Conservative)
With this it will be convenient to discuss the following: Amendment No. 110, in clause 59, page 44, line 21, leave out ‘certificate’ and insert ‘licence’.
Amendment No. 112, in clause 59, page 44, line 24, leave out ‘certificates’ and insert ‘licences’.
Amendment No. 113, in clause 59, page 44, line 28, leave out ‘certificates’ and insert ‘licences’.
Amendment No. 114, in clause 59, page 44, line 30, leave out ‘certificates’ and insert ‘licences’.
Amendment No. 115, in clause 59, page 44, line 32, leave out ‘certificates’ and insert ‘licences’.
Amendment No. 116, in clause 59, page 44, line 33, leave out ‘certificates’ and insert ‘licences’.
Amendment No. 117, in clause 59, page 44, line 34, leave out ‘certificate’ and insert ‘licence’.
Amendment No. 118, in clause 59, page 44, line 36, leave out ‘certificates’ and insert ‘licences’.
Amendment No. 119, in clause 59, page 44, line 39, leave out ‘certificate’ and insert ‘licence’.
Amendment No. 130, in clause 85, page 53, line 23, after ‘under’, insert
‘section [Licensing of enforcement agents, enforcement agency businesses and enforcement trade associations] or’.
New clause 3—Licensing of enforcement agents, enforcement agency business and enforcement trade associations—
‘(1) Within one calendar year of the enactment of this Act the Secretary of State must lay draft regulations (the regulations) for the licensing of enforcement agents, enforcement agency businesses and enforcement trade associations before both Houses of Parliament.
(2) Before laying the regulations the Secretary of State must consult such enforcement trade associations and such representatives of magistrates, enforcement agents, enforcement agency businesses, the credit industry, providers of advice about credit and other interested parties as he considers appropriate.
(3) The regulations shall establish an independent regulator (the regulator) to—
(a) license enforcement agents (other than those made exempt by section 55) and enforcement agency businesses and trade associations;
(b) establish standards by requirements for licensing, by codes of practice, by prescribed forms, by training requirements and by the inspection of licensed individuals and undertakings;
(c) investigate complaints made against licensed individuals and undertakings;
(d) impose financial and other requirements on licensed individuals and undertakings as a condition of licence or as a result of investigations made under paragraph (c) above; and
(e) do such other things as it is reasonably required to do properly to fulfil those functions.
(4) The regulations shall also establish a means of appeal for licensed individuals and undertakings against decisions taken by the regulator.
(5) The regulator may delegate such of its functions as it considers appropriate to trade associations that it has licensed.
(6) The regulator may require any government department that employs enforcement agents to co-operate in producing common standards for the conduct of enforcement agents and for dealing with complaints against them.
(7) The regulator shall each year lay a report before each House of Parliament on the operation of this Act.
(8) The regulations may make such amendments to other regulations or statutes as are reasonably consequent upon the regulations.
(9) On the first occasion that both Houses of Parliament approve the regulations—
(a) section 58 shall be amended by substituting the words “is licensed under section [Licensing of enforcement agents, enforcement agency businesses and enforcement trade associations]” for the words “acts under a certificate under section 59” in subsection (2)(a); and
(b) section 59 shall be repealed.’.
New clause 8—Commencement of Chapter 1 of Part 3—
‘The provisions of Chapter 1 of Part 3 of this Act shall not come into force until a registration scheme for bailiffs and enforcement agents, enforcement agency businesses and enforcement trade associations has been set up and implemented in accordance with the provisions of the Private Security Industry Act 2001 or of this Act.’.
Amendment No. 160, in clause 143, page 110, line 3, at end insert—
‘(4A) No order may be made under this section to bring Chapter 1 of Part 3 into force unless the provisions of section [Commencement of Chapter 1 of Part 3] have been complied with.’.