PART 4

Penalty Charges and Fixed Penalties

Penalty Charges

Certificated bailiffs
65
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.