The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014

Citation and interpretation

1.—(1) This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014.

(2) In this Order—

(a) “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;

(b) “relevant subordinate legislation” means an instrument made under an Act in or before the Session of Parliament in which the 2007 Act was passed;

(c) “the Schedule 12 procedure” means the procedure under Schedule 12 of the 2007 Act.

Commencement

2.—(1) Subject to paragraph (2), this Order comes into force on 6th April 2014.

(2) The revocations of the Distress for Rent (Amendment) Rules 2009(1) and the Distress for Rent (Amendment) Rules 2011(2) in Part 2 of the Schedule come into force immediately before the repeal of section 8 of the Law of Distress Amendment Act 1888.

General consequential, transitional and saving provision

3.—(1) Subject to any specific amendments or revocations made by this Order—

(a) any reference (however expressed) in relevant subordinate legislation that is or is deemed to be to the use of a power to distrain or to levy distress is to be read, so far as necessary for continuing its effect, as a reference to the use of a power to use the Schedule 12 procedure;

(b) any reference (however expressed) in relevant subordinate legislation to—

(i) a writ of fieri facias (other than a writ of fieri facias de bonis ecclesiasticis);

(ii) a warrant of execution; or

(iii) a warrant of distress (other than one which confers a power exercisable only against specific goods),

is to be read, so far as necessary for continuing its effect, as a reference to a writ or warrant of control;

(c) any form of writ or warrant which describes the writ or warrant as—

(i) a writ of fieri facias (other than a writ of fieri facias de bonis ecclesiasticis);

(ii) a warrant of execution; or

(iii) a warrant of distress (other than one which confers a power exercisable only against specific goods),

is to be read, so far as necessary for its validity, as describing the writ or warrant as a writ or warrant of control; and

(d) any reference (however expressed) in any form or notice (whether or not prescribed by virtue of any enactment) or other document—

(i) to a bailiff, is to be read as a reference to an enforcement agent; or

(ii) to the use of a power to distrain or to levy distress, is to be read as a reference to the use of a power to use the Schedule 12 procedure,

so far as necessary for the validity of the form, notice or other document or any action pursuant to it.

(2) Where, by virtue of section 66 of the 2007 Act, Part 3 of the 2007 Act does not affect the continuing exercise of a power in relation to goods, the amendments and revocations made by this Order do not apply for the purposes of the continuing exercise of that power in relation to those goods.

Transitional provision where certain pre-commencement enforcement action taken

4.—(1) Paragraph (2) applies where, before 6th April 2014—

(a) a writ of fieri facias has been issued;

(b) a High Court Enforcement Officer has made at least one journey to seize goods pursuant to the writ; and

(c) no goods have been seized and no walking possession agreement has been entered into, but the debtor—

(i) has entered into an agreement to pay the amount for which the writ was issued; and

(ii) has been making payments in accordance with the agreement through the duration of the writ.

(2) Where this paragraph applies, the action taken is to be regarded as constituting the compliance stage and the first enforcement stage within the meaning of regulation 6 of the Taking Control of Goods (Fees) Regulations 2014(3), but the fees for the compliance stage and the first enforcement stage will not be payable and instead, there may be recovered, as appropriate—

(a) the mileage fee (fee 2 in Part A of Schedule 3 to the High Court Enforcement Officers Regulations 2004(4)) in relation to the journey;

(b) the percentage fee (fee 1 in Part A of Schedule 3 to the High Court Enforcement Officers Regulations 2004) in relation to any amounts paid under the agreement; and

(c) if the agreement provided for the payment of such a fee, a miscellaneous fee (fee 12 in Part C of Schedule 3 to the High Court Enforcement Officers Regulations 2004).

(3) Paragraph (4) applies where, before 6th April 2014—

(a) a liability order has been made or (as the case may be) the authority has issued a warrant for the enforcement of a specified debt, under—

(i) the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989(5);

(ii) the Council Tax (Administration and Enforcement) Regulations 1992(6);

(iii) the Child Support (Collection and Enforcement) Regulations 1992(7); or

(iv) the Enforcement of Road Traffic Debts Order 1993(8);

(b) a visit has (or visits have) been made to premises, or premises have been attended, to levy distress or with a view to levying distress; but

(c) no goods have been seized and possession (whether close or walking possession) has not been taken of any goods.

(4) Where this paragraph applies, the action taken is to be regarded as constituting the compliance stage within the meaning of regulation 5 of the Taking Control of Goods (Fees) Regulations 2014, but the fee for the compliance stage will not be payable and instead, there may be recovered, as appropriate—

(a) the fees for the matters under heads A(i) and A(ii) in paragraph 1 of Schedule 3 to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 in relation to the visit or visits;

(b) the fees for the matters under heads A(i) and A(ii) in paragraph 1 of Schedule 5 to the Council Tax (Administration and Enforcement) Regulations 1992 in relation to the visit or visits;

(c) the fees for the matters under heads A and BB in paragraph 1 of Schedule 2 to the Child Support (Collection and Enforcement) Regulations 1992 in relation to the visit or visits and any associated letter; or

(d) the fees for the matters under heads 1 and 3 in Schedule 1 to the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993(9) in relation to the visit or visits and any associated letter.

(5) Paragraph (6) applies where, before 6th April 2014, a bailiff has attended premises to levy distress for rent but the levy has not been made, and possession has not been taken of any goods.

(6) Where this paragraph applies, the action taken is to be regarded as constituting the compliance stage within the meaning of regulation 5 of the Taking Control of Goods (Fees) Regulations 2014, but the fee for the compliance stage will not be payable and instead the fee in paragraph 2 of Appendix 1 to the Distress for Rent Rules 1988(10) may be recovered.

(7) Paragraph (8) applies where, before 6th April 2014—

(a) a warrant of distress has been issued under section 76(1) of the Magistrates’ Courts Act 1980(11); and

(b) a bailiff has—

(i) issued to the debtor a letter or notice requiring payment of the sum within a period specified in the letter or notice and giving notice of the intention to levy the sum if it is not paid within that period; or

(ii) has, or has in addition, attended premises to levy the sum, but the levy has not been made, and possession has not been taken of any goods.

(8) Where this paragraph applies, the action taken is to be regarded as constituting the compliance stage within the meaning of regulation 5 of the Taking Control of Goods (Fees) Regulations 2014, but the fee for the compliance stage will not be payable and instead there may be recovered the appropriate fee for the action taken provided for at the time the action was taken in any contractual or other binding arrangement in force between the creditor and the bailiff at that time.

(9) In this article, references to any fees in any subordinate legislation other than the Taking Control of Goods (Fees) Regulations 2014 are references to the fees in that subordinate legislation as it was in force immediately before 6th April 2014.

Saving for regulations treated as if made under section 83 Traffic Management Act 2004

5.    The repeal, by paragraph 156 of Schedule 13 to the 2007 Act, of section 83 of the Traffic Management Act 2004(12) does not have the effect of revoking any subordinate legislation having effect by virtue of subsection (4) of section 83 as if made under that section.

Saving for certificates under section 7 of the Law of Distress Amendment Act 1888

6.  The—

(a) repeal, by paragraph 19 of Schedule 14 to the 2007 Act, of section 7 of the Law of Distress Amendment Act 1888(13); and

(b) revocation, by Part 2 of the Schedule to these Regulations, of the Distress for Rent Rules 1988(14),

do not have the effect of cancelling any certificate granted under section 7 of the Law of Distress Amendment Act 1888 which is in force at the time when the repeal and revocation come into force.

Specific consequential amendments and revocations

7.  The rules, regulations and orders listed in the Schedule are amended or revoked as set out in the Schedule.

Signed by the authority of the Lord Chancellor

Edward Faulks

Minister of State

Ministry of Justice

12th March 2014