The Certification of Enforcement Agents Regulations 2014
| Year | 2014 |
2014No. 421
ENFORCEMENT, ENGLAND AND WALES
TAKING CONTROL OF GOODS
COMMERCIAL RENT ARREARS RECOVERY
The Certification of Enforcement Agents Regulations 2014
25thFebruary2014
28thFebruary2014
6thApril2014
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 64 and 90 of the Tribunals, Courts and Enforcement Act 2007( 1).
PART 1
INTRODUCTORY
Citation, commencement and extent
1. (1) These Regulations may be cited as the Certification of Enforcement Agents Regulations 2014 and come into force on 6th April 2014.
(2) These Regulations extend to England and Wales only.
Interpretation
General interpretation
2. In these Regulations-
"the Act" means the Tribunals, Courts and Enforcement Act 2007;
"the 1888 Act" means the Law of Distress Amendment Act 1888( 2);
"the 1895 Act" means the Law of Distress Amendment Act 1895( 3);
"the 1988 Rules" means the Distress for Rent Rules 1988( 4);
"applicant" means a person applying for a certificate to be issued under section 64 of the Act;
"certificate" means a certificate under section 64 of the Act to act as an enforcement agent and includes a certificate under section 7 of the 1888 Act which by virtue of section 64(4) of the Act has effect as a certificate under section 64 of the Act;
"certificated person" means a person to whom a certificate has been issued;
"commercial rent arrears recovery" has the meaning given by section 72 of the Act;
"complainant" means a person who makes a complaint to the court under regulation 9;
"court" means the County Court;
"enforcement agent" has the meaning given in paragraph 2(1) of Schedule 12 (enforcement agents);
"Schedule 12" means Schedule 12 to the Act;
"the security" means the security required by regulation 6(1) of these Regulations.
Issue of certificates
Issue of certificates
3. A certificate may be issued under section 64 of the Act only-
(a) on application by the person to whom the certificate is to be issued; and(b) if the judge is satisfied that-(i) the applicant is a fit and proper person to hold a certificate;(ii) the applicant possesses sufficient knowledge of the law and procedure relating to powers of enforcement by taking control of goods and of commercial rent arrears recovery to be competent to exercise those powers;(iii) the forms which the applicant intends to use when exercising powers of taking control of goods or commercial rent arrears recovery conform to the design and layout prescribed in the Schedule to these Regulations;(iv) the applicant has lodged the security required by regulation 6(1), or such security is already subsisting; and(v) the applicant does not carry on, and is not and will not be employed in, a business which includes buying debts.Information about certificates and applications
4. (1) The court must compile and maintain a list of all certificated persons who hold a certificate which has not expired or been cancelled.
(2) The list required by paragraph (1) must contain, for each certificated person-
(a) the certificated person's name;(b) the name of the certificated person's employer, if any;(c) the date of issue of the certificate; and(d) the date on which the certificate ceases to have effect.(3) The list required by paragraph (1) must be published on a website maintained by or on behalf of Her Majesty's Courts and Tribunals Service.
(4) The court must also publish, on the website referred to in paragraph (3), notice of every application made to the court for a certificate to be issued under section 64.
(5) The notice required by paragraph (4) must contain the following information-
(a) the applicant's name;(b) the name of the applicant's employer, if any;(c) the date on which the application will be heard, which must be at least eight days after the date in sub-paragraph (f);(d) that any person who knows of any reason or reasons why the applicant may not be a fit and proper person to hold a certificate may give the reason or reasons to the court;(e) that reasons given under sub-paragraph (d) must be given in writing;(f) the date by which a person must give a reason or reasons to the court under sub-paragraph (d), which must be at least 30 days from the date on which the notice is published on the website.When application may be heard
5. No application for a certificate to be issued will be heard before the date in regulation 4(5)(c).
Security
6. (1) The applicant must, before a certificate is issued-
(a) lodge in court by way of bond security totalling £10,000; or(b) satisfy the judge that security totalling that amount is already subsisting by way of bond.(2) The security must be retained once the certificate has been issued for the purpose of securing the certificated person's duties as an enforcement agent and the payment of any reasonable costs, fees and expenses incurred in the investigation of any complaint made to the court against the certificated person in the capacity of an enforcement agent.
(3) The certificated person must maintain the security throughout the duration of the certificate.
(4) If at any time during the duration of the certificate the security no longer exists, or is reduced in value so...
To continue reading
Request your trial