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'TOWARDS EFFECTIVE ENFORCEMENT' GREEN PAPER PUBLISHED IN RESPONSE TO 'DISTRESS FOR RENT' PROCEDURES CONSULTATION

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The parliamentary secretary of the lord chancellor's department, ...
The parliamentary secretary of the lord chancellor's department,

Baroness Scotland, today announced the publication of the post

consultation report for the green paper Towards Effective Enforcement

and the summary of responses following the consultation paper on

distress for rent procedures.

The green paper aims to achieve a fundamental improvement in the

enforcement system. The consultation invited comments on the

structure for the regulation of civil enforcement agents, a single

piece of bailiff law, fees, information and data sharing and a

partial regulatory impact assessment.

Responses to the consultation paper were received from a variety of

sectors with an interest in enforcement such as enforcement agents,

local authorities and public interest groups. The responses have been

analysed to ascertain the levels of support for the proposals and to

assess their impact. The analysis has revealed that this review has

general support from a wide range of stakeholders.

The main points which have emerged are:

- Support for the concept of regulation and in particular a

statutory regulatory body

- Support for a single piece of bailiff law

- Support for setting fee principles

- Support for increased and controlled access to information

- Support for increased powers for enforcement agents in order to

achieve effective enforcement, balanced by improved standards and

necessary safeguards to ensure fairness to both debtor and creditor

One of the main points that emerged from the responses to the

distress for rent consultation was that there is wide support for the

retention of a modified procedure but only for use in commercial

premises. The lord chancellor's department is working towards

producing a remedy based on these responses and the responses to the

green paper.

In order to develop the finer detail of the policy proposals the lord

chancellor's department will be working closely with stakeholders.

Good progress has been made in terms of collaborative working with

stakeholders and there is a consensus and momentum for change.

The majority of the proposals in the green paper require primary

legislation. A white paper is intended to be produced early next year

which bringing together all the strands of recommendations for Phase

One and Two of the Enforcement Review including distress for rent.

Baroness Scotland of Asthal, minister for the lord chancellor's

department, today also launched the National Standards for

Enforcement Agents.

Notes

1. The lord chancellor announced on 6 March 2001 that he was to

broaden the remit of the review of civil enforcement, to include

structures for, and the regulation of, civil enforcement agents

generally, not just within the high court and county courts.

2. The Report on Phase One of the Enforcement Review and Professor

Beatson's Review of Bailiff Law were both published on 26 July 2000,

when the lord chancellor announced the terms of reference of Phase

Two.

3. The Review identified the need for independent expert advice from

the private, independent and public sectors involved in enforcement

and a market evaluation of the delivery of enforcement services. The

lord chancellor announced on 8 May an advisory group on the delivery

of enforcement services would be established.

4. The Green Paper was issued on 19 July 2001.

5. Copies of the responses to the Green Paper and the responses to

the distress for rent consultation can be obtained from David Ilic on

020 7210 8654 or by emailing david.ilic@lcdhq.gsi.gov.uk. They will

also be available on the LCD website: http://www.lcd.gov.uk

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