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
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
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
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
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 email@example.com. They will
also be available on the LCD website: http://www.lcd.gov.uk