just read this tonight just wondered what the experts view were on this.
Alan Murdie, barrister and author of 'New powers of fines officers: a disturbing development', June 2006 Legal Action 32, writes:
The draft Tribunals, Courts and Enforcement Bill proposes wide-ranging reforms to the structure and composition of tribunals, judicial appointments, the enforcement of tribunal awards and debt recovery, particularly as regards the law on the seizure of goods. Of particular concern are Schedules 11 and 12 of the bill, which envisage a radical overhaul of the law relating to the seizure of goods. The new regime would apply to all money judgments by the High Court and county court and sums recoverable before magistrates. All common law rules and restrictions on the right to levy against goods are to be abolished, and replaced with a statutory code to be contained in regulations made by the Lord Chancellor.
Distress for rent by a landlord at common law is also abolished. In future, all types of bailiff will be replaced by individuals appointed and approved as 'enforcement agents'. These agents will then be given seizure powers wider than any which have been permitted in England and Wales since the middle Ages.
The draft bill envisages that when enforcing against the goods of a debtor, enforcement agents will be entitled:
• to break into private dwellings under warrant;
• to use force against occupiers;
• to invite third parties on to premises; and
• to seize money or goods found on premises, including pets.
The draft bill's approach marks a radical departure from the principles that underlain the common law, which operated to prevent violence against individuals and premises to effect entry. Similarly, rules preventing the seizure of money and items in use prevented the ransacking of homes or breaches of the peace once entry was gained. Of particular concern are Sch 11 paras 24(2) and 31(5), where the Lord Chancellor may make regulations allowing enforcement agents a 'power to use force against persons' in respect of domestic dwellings and goods on the highway.
Enforcement agents will also be able to bring non-qualified assistants on to private premises. Under Sch 11 para 22(2), warrants may also require a police constable to assist an enforcement agent.
Explanatory notes to the bill maintain that its provisions engage both debtors' and creditors' rights, under the European Convention on Human Rights, to a fair trial (article 6), private life (article and the protection of property (Protocol 1, article 1). However, much will be dependent on judicial interpretations of these rights. In practice, there are unlikely to be effective safeguards against abuse despite the optimism of closing paragraphs of the notes that 'sanctions' will exist against improper recovery action. Reforms to attachment of earnings orders, administration orders, and the establishment of debt management schemes are also outlined.
kerri
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