At the conclusion of the Civil Enforcement Review, The Lord Chancellor's Department (LCD) is pleased to present this package of legislative proposals to provide information for, and improvements to, court-based methods of civil debt and commercial rent recovery and a single regulatory regime, law, and fee structure for warrant enforcement agents.6 It sets these in the wider context including the European dimension, proposals to reform the Consumer Credit Act, ongoing work to tackle overindebtedness and relevant research. This paper is the statement of the Government's civil court enforcement policy but we are also taking the opportunity to seek views and information in order to reinforce the evidence base and to inform the detail of regulations and subordinate legislation.
An initial impact assessment indicates that bailiffs in the public and private sectors and civil court users are likely to be particularly affected.7 The proposals are likely to lead to additional costs and/or savings for businesses, charities or the voluntary sector. A partial Regulatory Impact Assessment is at Annex 1.
We are grateful for the assistance of the following organisations and individuals to whom copies of this White Paper are being sent:
One of the aims of the new legislation is to replace the old-fashioned language which relates to enforcement law. It is intended that the words distress, distraint, execute, levy and walking possession will no longer be used.8 The phrase taking legal control of goods will replace them. The term enforcement agent will describe all those who are entitled to undertake work licensed by the proposed regulatory authority. This will include private and certificated bailiffs, sheriffs, county court bailiffs, civilian enforcement officers for magistrates' courts and those enforcing on behalf of the Inland Revenue and Her Majesty's Customs & Excise.9
It remains the Government's position that it may always be necessary to permit taking legal control of goods and the sale of such goods as part of the enforcement regime in England and Wales. However, these actions should be undertaken in a reformed and regulated system, where efforts are made to ensure it is not used indiscriminately; our proposals for licences, increased professionalism and changes to the fee structure are intended to assist here.
6 For definition of the term "commercial rent recovery" see Annex 3 - Glossary
7 For definition of the term "bailiff" see "Enforcement Agent (Bailiff)" in Annex 3 - Glossary
8 For definition of the terms "distraint", "distress", "levy" and "walking possession" see Annex 3 - Glossary
9 For definition of the term "county court bailiff" see Annex 3 - Glossary