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This post is reproduced with the kind permission of Tomtubby from Consumer Action Group with thanks.
Enforcement of unpaid Magistrate Court FINES is outlined under section 76(1) of the Magistrate Court Act 1980 (entitled: Enforcement of sums adjudged to be paid).
However on 6th April 2014 the entire above section was amended by Section 46 of Schedule 13 of the Tribunal Courts and Enforcement Act 2007 to read as follows:
Section 46
(1) Section 76 (enforcement of sums adjudged to be paid) is amended as follows.
(2) In subsection (1) for “issue a warrant of distress for the purpose of levying the sum” substitute “ issue a warrant of control for the purpose of recovering the sum ”.
(3) In subsection (2)(a)—
(a) for “warrant of distress” substitute “ warrant of control ”;
(b) for “satisfy the sum with the costs and charges of levying the sum” substitute “ pay the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 ”.
In subsection (2)(b) for “warrant of distress” substitute “ warrant of control ”.
Paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 states as follows:
(3) The amount outstanding is the sum of these—
(a) the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);
any amounts recoverable out of proceeds (which include money) in accordance with regulations under paragraph 62 (costs).
Paragraph 62 (Costs) states as follows:
62 (1) Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.
(2)The regulations may provide for recovery to be out of proceeds or otherwise. (including from money paid)
(3) The amount recoverable under the regulations in any case is to be determined by or under the regulations.
The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court
(5) “Enforcement-related services” means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.
To conclude:
The new regulations (The Taking Control of Goods Regulations 2013) cover the enforcement of unpaid council tax, unpaid pcn's and unpaid Magistrate Court FINES.
There are some differences to the actual 'enforcement' of such fines under the new regulations (as outlined below):
Enforcement agents continue to have the extraordinary power to force entry to enforce unpaid court fines. This is derived from Schedule 4A of the Domestic Violence Crimes & Victims Act 2004 (which has not been repealed). In the past enforcement agents were expected to abide by the HMCTS Forced Entry Protocol (a copy of which is available on this forum). It would seem that enforcement agents do not need to seek prior approval and hopefully in the next couple of days I can provide an update on this (including whether or not the Forced Entry Protocol is to be amended or scrapped)
Secondly, prior to 6th April enforcement agents enforcing unpaid Magistrate Court FINES did not have to hold an Enforcement Agents Certificate. This is no longer the position and in line with all other debts streams (council tax and road traffic debts) from 6th April they must now be Certificated.
The Criminal Procedure Rules are currently in the process of being amended and one such amendment will be to change the 'exempt' goods to mirror those outlined in the Taking Control of Goods Regulations 2013.
Enforcement of unpaid Magistrate Court FINES is outlined under section 76(1) of the Magistrate Court Act 1980 (entitled: Enforcement of sums adjudged to be paid).
However on 6th April 2014 the entire above section was amended by Section 46 of Schedule 13 of the Tribunal Courts and Enforcement Act 2007 to read as follows:
Section 46
(1) Section 76 (enforcement of sums adjudged to be paid) is amended as follows.
(2) In subsection (1) for “issue a warrant of distress for the purpose of levying the sum” substitute “ issue a warrant of control for the purpose of recovering the sum ”.
(3) In subsection (2)(a)—
(a) for “warrant of distress” substitute “ warrant of control ”;
(b) for “satisfy the sum with the costs and charges of levying the sum” substitute “ pay the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 ”.
In subsection (2)(b) for “warrant of distress” substitute “ warrant of control ”.
Paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 states as follows:
(3) The amount outstanding is the sum of these—
(a) the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);
any amounts recoverable out of proceeds (which include money) in accordance with regulations under paragraph 62 (costs).
Paragraph 62 (Costs) states as follows:
62 (1) Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.
(2)The regulations may provide for recovery to be out of proceeds or otherwise. (including from money paid)
(3) The amount recoverable under the regulations in any case is to be determined by or under the regulations.
The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court
(5) “Enforcement-related services” means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.
To conclude:
The new regulations (The Taking Control of Goods Regulations 2013) cover the enforcement of unpaid council tax, unpaid pcn's and unpaid Magistrate Court FINES.
There are some differences to the actual 'enforcement' of such fines under the new regulations (as outlined below):
Enforcement agents continue to have the extraordinary power to force entry to enforce unpaid court fines. This is derived from Schedule 4A of the Domestic Violence Crimes & Victims Act 2004 (which has not been repealed). In the past enforcement agents were expected to abide by the HMCTS Forced Entry Protocol (a copy of which is available on this forum). It would seem that enforcement agents do not need to seek prior approval and hopefully in the next couple of days I can provide an update on this (including whether or not the Forced Entry Protocol is to be amended or scrapped)
Secondly, prior to 6th April enforcement agents enforcing unpaid Magistrate Court FINES did not have to hold an Enforcement Agents Certificate. This is no longer the position and in line with all other debts streams (council tax and road traffic debts) from 6th April they must now be Certificated.
The Criminal Procedure Rules are currently in the process of being amended and one such amendment will be to change the 'exempt' goods to mirror those outlined in the Taking Control of Goods Regulations 2013.
