Research 2

The Approval of Enforcement Agencies Regulations 2000

2.—(1) These Regulations shall have effect for the purposes of the approval by a magistrates' courts committee (“the committee”) of any person or body (“the agency”) for the purpose of executing warrants pursuant to section 125B of the Magistrates' Courts Act 1980(1).

(2) Any reference in these Regulations to the justices' chief executive means—

(a)the justices' chief executive for the committee, or

(b)any member of the staff of the committee whom he may authorise to exercise his functions under these Regulations, when acting within the scope of that authority.

Conditions to be satisfied by agency

4.—(1) The conditions in the following paragraphs of this regulation must be satisfied by the agency.

(2) The agency and the committee must have entered into a contract complying with the requirements of regulation 6.

(3) The committee must be satisfied that the agency has in place procedures for producing annual accounts that will satisfy professional standards of accounting practice and the requirements of—

(a)the Companies Acts, if the agency is a company; and

(b)the Taxes Acts, in any event.

(4) The committee must be satisfied that the agency has in place adequate systems for training its staff in the law and practice relating to—

(a)the enforcement of warrants;

(b)human rights; and

(c)health and safety.

(5) The committee must be satisfied that the agency has in place adequate systems for assessing the risks to individuals arising from the enforcement of warrants.

(6) The committee must be satisfied that the agency has an adequate system for dealing with complaints and for co-operating with any complaints procedure maintained by the committee.

(7) The agency must provide security to the committee in respect of any loss arising from the committee’s use of the agency’s services, in an amount to be determined by the committee but not less than £10,000.

(8) The agency must have professional indemnity insurance in an amount and on terms approved by the committee.

(9) The agency must maintain a separate account for money collected by it on behalf of the committee or of any magistrates' court within the area of the committee; and if it is approved by more than one committee it must maintain records showing what sums in that account are held in connection with the agency’s work for each committee.

(10) The committee must be satisfied that the agency has in place adequate systems for ensuring that it can satisfy its liabilities to the committee in the event of a failure of the agency’s business.

Conditions to be satisfied by individuals

5.—(1) The conditions in the following paragraphs of this regulation must be satisfied—

(a)where the agency is an individual, by that individual;

(b)where the agency is a company, by each director of the company;

(c)where the agency is a partnership, by each partner; and

(d)in any case, by each individual whom the agency proposes to authorise to execute warrants.

(2) None of the individuals referred to in paragraph (1) above must have been convicted of any criminal offence punishable by imprisonment or involving dishonesty or violence.

(3) None of those individuals must be under any liability in respect of overdue fines or court judgments.

(4) None of those individuals must be an undischarged bankrupt.

(5) None of those individuals must carry on or be associated with any business consisting of or including buying or trading in debt.

10.2) Every certificate of approval issued under paragraph (1)(b) above shall be issued subject to the condition that, should approval be revoked, the agency shall—

(a)immediately return the certificate to the committee, and

(b)satisfy the committee that all copies of that certificate have been destroyed or defaced in such a way as to show that the certificate is no longer in force.

Contracts

6.—(1) This regulation applies to a contract between a committee and an agency under which the agency is to execute warrants issued by magistrates' courts within the area of the committee.

(2) The contract shall—

(a)contain a service specification, covering the type and volume of work to be done by the agency, the standards of service required and the standards of conduct required of the agency’s staff; and

(b)provide for the committee to monitor the agency’s compliance with that specification.

(3) The contract shall specify a fixed term not exceeding three years, but may make provision for the term to be extended for a period during which tenders for a new contract are invited.

(4) The contract shall require the agency to allow regular inspection of client accounts—

(a)by the committee,

(b)by individuals authorised by the committee, or

(c)by or on behalf of the Lord Chancellor.

(5) The contract shall provide for the prompt payment by the agency to the committee of money collected by the agency on behalf of the committee or of any magistrates' court within the area of that committee.

(6) The contract shall specify the circumstances in which the committee would be entitled to call upon the bank bond or other form of security provided by the agency, including provision for the committee to retain the bond or security for up to six months after the expiry or sooner determination of the contract.

(7) The contract shall be expressed to terminate immediately upon the committee revoking the approval of the agency for whatever reason, and make provision for arrangements consequential upon such termination, including but not limited to arrangements for payment of monies to the committee and arrangements concerning unexecuted warrants.

(8) The contract shall require the agency to provide the committee with a list of all other committees by which it has been approved, and to notify the committee of any new approval or revocation of approval by another committee.

(9) The contract shall provide for the remuneration of the agency, and in particular for the level of fees which the agency may charge when executing distress warrants.

(10) The contract shall require the committee and the agency to comply with the provisions concerning the authorisation of individuals to execute warrants set out in regulation 11 below.

(11) The contract shall specify procedures for dealing with complaints and require the committee to publicise those procedures.

(12) The contract shall require the agency to supply every person against whom a warrant is executed with information in writing on the following—

(a)the purpose of the visit by the individual executing the warrant;

(b)the powers vested in the agency;

(c)how the sum (if any) in respect of which the warrant was issued may be paid;

(d)where advice about the effect of the warrant and related matters may be obtained;

(e)the charges that may be made in respect of the enforcement of the warrant; and

(f)the complaints procedures operated by the agency and the committee.

(13) The contract shall require the agency to inform the committee of any change occurring subsequent to the approval of the agency in relation to any of the matters set out in regulations 4, 5 and 8.

(14) The contract shall permit the committee temporarily to withdraw the agency’s authority to execute warrants, or to place restrictions on that authority, pending notice of a proposal to revoke their approval under regulation 12(4) below.