- Latest available (Revised)
- Point in Time (24/06/2020)
- Original (As made)
Point in time view as at 24/06/2020.
There are currently no known outstanding effects for the The Certification of Enforcement Agents Regulations 2014.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(This note is not part of the Regulations)
These Regulations, which are made under section 64 of the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”), make provision for the process by which persons who by virtue of section 63 of the 2007 Act require a certificate in order to act as enforcement agents are issued with a certificate, including the requirements which must be satisfied for such a certificate to be issued, the duration of certificates and how they may be suspended or cancelled, and the making of complaints about a person that a person issued with a certificate is not a fit and proper person to hold such a certificate. They replace the provisions of the Distress for Rent Rules 1988 (which are separately revoked) dealing with these matters, but apply more widely.
Certificates are, under section 64(1) of the 2007 Act, to be issued by a judge of the County Court, and regulation 3 sets out the matters of which the judge must be satisfied before a certificate may be issued. Those are that the applicant for the certificate—
— is a fit and proper person to hold such a certificate;
— has sufficient knowledge of the relevant law and practice to be competent;
— will use forms which follow the appropriate template (as set out in the Schedule);
— has lodged (or otherwise has in place) the necessary security (as set out regulation 6);
is not involved (as employee or otherwise) in the business of buying debts.
Regulation 4 requires the court to keep and publish certain information about certificated persons.
Regulation 7 provides for the duration of a certificate (2 years from issue unless it has to be replaced under regulation 8 because of a change in certain details).
Regulation 9 makes provision about the making of complaints that a certificated person is not a fit and proper person to hold a certificate; and regulations 10 and 11 make provision about possible cancellation or suspension of a certificate, and application of the certificated person's security, following a hearing of such a complaint.
Regulation 12 makes provision about the surrender of certificates and regulation 13 for a certificate which has been cancelled or suspended or has expired to continue to have effect for certain limited purposes enabling enforcement action to be completed.
Regulations 14 and 15 make transitional provision in relation to certificates issued or applications made under the Distress for Rent Rules 1988.
An Impact Assessment was carried out to consider the impact of the introduction of the reforms of which these Regulations form a part. That Impact Assessment may be found at https://consult.justice.gov.uk/digital-communications/transforming-bailiff-action.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: