PART 4Penalty Charges and Fixed Penalties

Penalty Charges

65Certificated bailiffs

(1)

For the purposes of section 64 (enforcement of penalty charges) of this Act a person is a certificated bailiff if he is authorised to act as such by a certificate signed—

(a)

by a judge assigned to a county court district; or

(b)

in such circumstances as may be specified in regulations made by the Lord Chancellor, by a district judge.

(2)

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.

(3)

The regulations may, in particular, make provision—

(a)

as to the security (if any) to be required from certificated bailiffs;

(b)

as to the fees and expenses payable with respect to execution by certificated bailiffs; and

(c)

for the suspension or cancellation of certificates issued under this section and with respect to the effect of any such suspension or cancellation.

(4)

Any regulations in force immediately before the commencement of this Part under—

(a)

section 78(4) to (6) of the Road Traffic Act 1991; or

(b)

section 83 of the Traffic Management Act 2004,

shall, with any necessary modifications, have effect after that commencement as if made under the corresponding provisions of this section.

(5)

A 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.