§ Mr. Maddenasked the Attorney-General how many complaints he has received about the conduct of bailiffs engaged in debts recovery, in the last two years; if he will list the statutes giving power to bailiffs to commission 9W or employ others to assist in debt recovery; and if he will consider legislation to clarify and define the powers of bailiffs engaged in debt recovery in respect of rent arrears.
§ The Attorney-GeneralThe only bailiffs for whom my noble Friend the Lord Chancellor is responsible are those appointed by him by virtue of the Courts Act 1971. The number of complaints in relation to bailiffs is:
1974 … … 3 1975 … … 3 1976 (to 1st August) … … 4 Bailiffs' duties include the execution of judgments of the county courts, of which judgments for debt form the major part. County court bailiffs have no power to commission or employ other persons to assist in debt recovery.
No legislation to clarify and define the powers of bailiffs engaged in debt recovery is planned at the present time.
§ Mr. Maddenasked the Attorney-General if he will enumerate the statutes which regulate private bailiffs commissioned to recover debts; what are the main provisions of that legislation; and whether he will review that legislation in view of the increasing use of such bailiffs, particularly by local authorities, in respect of rent arrears.
§ The Attorney-GeneralThe statutes which regulate private bailiffs commissioned to recover debts are the Law of Distress Amendment Act 1888 and the Law of Distress Amendment Act 1895. This legislation regulates who may act as a bailiff to seize and sell goods for rent arrears and what goods may and may not be seized.
My noble Friend the Lord Chancellor has no plans to review this legislation at the present time.