HC Deb 08 July 1991 vol 194 cc700-1

Lords amendment: No. 74, to insert the following new clause—Enforcement—

  1. (".—(1) In this section
    1. (a) payable under, or by virtue of, any provision of this Part of this Act; and
    2. (b) recoverable as if it were payable under a county court order.
  2. (2) The Lord Chancellor may by order make provision—
    1. (a) for warrants of excution in respect of Part II debts, or such class or classes of Part II debts as may be specified in the order, to be executed by certificated bailiffs;
    2. (b) as to the requirements which must be satisfied before any person takes, with a view to enforcing the payment of—
      1. (i) a Part II debt; or
      2. (ii) such class or classes of Part II debts as may be so specified,
      any other step of a kind specified by the order.
  3. (3) Any such order may make such incidental and supplemental provision (including modifications of any 701 enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by that order under subsection (2) above.
  4. (4) The Lord Chancellor may by regulations make provision in connection with the certification of bailiffs under this section and the execution of warrants of execution by such bailiffs.
  5. (5) The regulations may, in particular, make provision—
    1. (a) as to the security (if any) to be required from certificated bailiffs;
    2. (b) as to the fees and expenses payable with respect to executions by certificated bailiffs; and
    3. (c) for the suspension or cancellation of certificates issued under this section and with respect to the effect of any such suspension or cancellation.
  6. (6) For the purposes of this section, a person is a certificated bailiff if he is authorised to act as such by a certificate signed—
    1. (a) by a judge assigned to a county court district; or
    2. (b) in such circumstances as may be specified in regulations made by the Lord Chancellor, by a district judge.
  7. (7) Any person who is not a certificated bailiff but who purports to levy a distress as such a bailiff, and any person authorising him to levy it, shall be deemed to have committed a trespass.")

Mr. Chope

I beg to move, That this House doth agree with the Lords in the said amendment.

The amendment sets out in more detail the arrangements for the recovery of unpaid penalty charges and sums ordered to be paid by a parking adjudicator.

Question put and agreed to.

Subsequent Lords amendments agreed to.

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