Traffic Management Act 2004

83 Certificated bailiffs E+W

(1) For the purposes of section 82 (enforcement of penalty charges) 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 section 78(4) to (6) of the Road Traffic Act 1991 shall have effect after that commencement as if made under the corresponding provisions of this section and anything done by or in relation to any person under such regulations shall be treated, so far as may be necessary for continuing their effect, as if done under regulations made under 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.

Modifications etc. (not altering text)

C1 S. 83 modified (temp.) by 1996 c. ix Sch. 1 para. 9(3) (as modified by SI 2007/2053 art. 5(5), as added) (17.3.2008) by Traffic Management Act 2004 (Commencement No.5 and Transitional Provisions) (England) (Amendment) Order 2008 (S.I. 2008/757), art. 5

C2 S. 83 modified (temp.) by 2003 c. iii Sch. 1 para. 6(3) (as modified by SI 2007/2053 art. 8(4)(a), as added) (17.3.2008) by Traffic Management Act 2004 (Commencement No.5 and Transitional Provisions) (England) (Amendment) Order 2008 (S.I. 2008/757), art. 5

Commencement Information

I1 S. 83 in force at 26.10.2006 for W. by S.I. 2006/2826, art. 2(1)(2)(c)

I2 S. 83 in force at 23.7.2007 for E. by S.I. 2007/2053, arts. 1(2), 2(1(2)(e) (with art. 4) (as amended (17.3.2008) by S.I. 2008/757, art. 3)