The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

Statutory Instruments

1993 No. 2072 (L. 17)

COUNTY COURTS

The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

Made

30th July 1993

Laid before Parliament

18th August 1993

Coming into force

1st September 1993

The Lord Chancellor, in exercise of the powers conferred on him by section 78(4) and (5) of the Road Traffic Act 1991(1), hereby makes the following Regulations:

1.—(1) These Regulations may be cited as the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 and shall come into force on 1st September 1993.

(2) In these Regulations, unless the context otherwise requires,

“the Act” means the Road Traffic Act 1991;

“the Rules” means the Distress for Rent Rules 1988(2).

(3) References in these Regulations to a rule or Appendix by number means the rule or Appendix so numbered in the Rules.

(4) Expressions which are used in the Rules have the same meaning in these Regulations as they have in those Rules.

2.  A bailiff who holds a general certificate granted under the Rules shall be deemed to be a certificated bailiff for the purposes of section 78 of the Act and a bailiff who does not hold a general certificate granted under the Rules but who wishes to be certificated for the purposes of section 78 of the Act shall apply for a general certificate.

3.—(1) Subject to the provisions of the Enforcement of Road Traffic Debts Order 1993(3) and of these Regulations, the Rules shall apply for the execution of warrants of execution by bailiffs under section 78 of the Act as those Rules apply for the levy of distress for rent.

(2) References in the Rules to levying distress for rent shall include references to levying distress for the purposes of the Act.

(3) References in the Rules to a tenant shall include references to the person against whose goods distress is levied for the purposes of the Act.

4.  Rule 10 shall have effect as if for the reference to Appendix 1 there were substituted a reference to Schedule 1 to these Regulations.

5.  Appendix 2 shall have effect as if for forms 7, 8 and 9 there were substituted the forms contained in Schedule 2 to these Regulations.

Mackay of Clashfern, C.

Dated 30th July 1993

SCHEDULE 1 TABLE OF FEES CHARGES AND EXPENSES(excluding Value Added Tax)

1	For preparing and sending a letter advising the debtor that a warrant is with the bailiff and requesting the total sum due	£10.00
Note:	The fee under paragraph 1 can only be recovered if the letter is sent before a first visit is made to the debtor’s premises.
2	For levying distress—
	(i) Where the sum demanded and due does not exceed £100	£20.00
	(ii) Where the sum demanded and exceeds £100	20% on the first £200; due 5% on any additional sum over £200
3	For attending to levy distress but where the levy is not made, the reasonable costs and charges for attending to levy.The costs and charges are not to exceed the fees and charges which would have been due under paragraph 2 above if the distress had been levied.The costs and charges are subject to taxation under rule 11.
Note:	The aggregate costs and charges payable under paragraphs 2 and 3 are not to exceed the costs and charges allowed for three attendances to levy distress.
4	For taking possession—
	(i) Where a man is left in physical possession (close possession)	£4.50 each day.
	(ii) Where walking possession is agreed	45p each day for the first 14 days; 5p each day thereafter.
Notes:	The charge for walking possession is payable only if a walking possession agreement has been made using Form 8. A person left in physical possession (close possession) must provide his or her own board in every case. The possession fee is payable in respect of the day on which distress is levied, but a fee for physical possession must not be charged where a walking possession agreement is signed at the time when distress is levied.
5	For appraising (valuing) goods, the reasonable fees, charges, and expenses of the broker. The fees, charges and expenses are subject to taxation under rule 11.
Note:	An appraisal (valuation) shall take place only on the written request of the debtor.
6	For removing goods, or attending to remove goods where no goods are removed, reasonable costs and charges. The costs and charges are subject to taxation under rule 11.
7	For sale—
	(i) Where the sale is held on the auctioneer’s premises, 15% of the sum realised to cover the auctioneer’s commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage. (ii) Where the sale is held on the debtor’s premises, 7½% of the sum realised for the auctioneer’s commission, plus out-of-pocket expenses actually and reasonably incurred.
	The fees, expenses, charges and costs to be subject to taxation under rule 11.
8	Where distress is withdrawn or where no sale takes place, reasonable fees, charges and expenses, subject to taxation under rule 11.
9	For the purpose of calculating any percentage charges, the fraction of £1 is to be reckoned as £1. Any fraction of a penny is to be disregarded.
10	In addition to any amount authorised by this Table, the amount of value added tax payable may be passed on to the debtor by adding an equivalent amount to the sum due.

SCHEDULE 2

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply the Distress for Rent Rules 1988 with modifications for thepurposes of the certification of bailiffs under section 78 of the Road Traffic Act 1991.Under that Act, certain road traffic debts may be enforced by certificated bailiffs. Provisionis made by these Regulations for the fees to be charged by such bailiffs (regulation 4).

(1)

1991 c. 40.

(2)

S.I. 1988/2050.

(3)

S.I. 1993/2073 (L. 18).