Tribunals, Courts and Enforcement Act 2007

63 Enforcement agents E+W

(1) This section and section 64 apply for the purposes of Schedule 12.

(2) An individual may act as an enforcement agent only if one of these applies—

(a) he acts under a certificate under section 64;

(b) he is exempt;

(c) he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.

(3) An individual is exempt if he acts in the course of his duty as one of these—

(a) a constable;

(b) an officer of Revenue and Customs;

[F1 (ba) a person authorised to use the procedure in Schedule 12 by the Welsh Revenue Authority (or by a person to whom the Welsh Revenue Authority has delegated the function of authorising the use of the procedure);]

(c) a person appointed under section 2(1) of the Courts Act 2003 (c. 39) (court officers and staff).

(4) An individual is exempt if he acts in the course of his duty as an officer of a government department.

(5) For the purposes of an enforcement power conferred by a warrant, an individual is exempt if in relation to the warrant he is a civilian enforcement officer, as defined in section 125A of the Magistrates' Courts Act 1980 (c. 43).

(6) A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1 S. 63(3)(ba) inserted (25.1.2018) by Tax Collection and Management (Wales) Act 2016 (anaw 6), ss. 170(2), 194(2); S.I. 2018/33, art. 2(h)

Commencement Information

I1 S. 63 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(a)