Tribunals, Courts and Enforcement Bill [Lords]

The current proposal is that the authority would regulate not Crown agents, but those who work for local authorities. Those who work for the Crown are civil servants. There are open and transparent complaints procedures, and so on. At the moment, the Department does not feel that such an additional burden of regulation on Crown agents is necessary; but, again, I am sure that the Committee will return to it. I want to give a further reassurance to my hon. Friend the Member for Knowsley, South, who asked about when forced entry would be sought and what restrictions will be placed on that. The conditions that apply to an application for forcible entry are as follows: other methods of enforcement have failed; the property is inhabited by the debtor; normal entry attempts have been unsuccessful; there is reason to believe that there are suitable goods on the premises to satisfy the debt and evidence to support that belief; the enforcement agent has considered the likely means required to gain entry; and the enforcement agent will leave the property in a secure state. However, the judge who considers the application for forced entry must consider the size of the debt and whether such action is in proportion, the type of debt and, most importantly, any other information about the debtor’s personal circumstances. Such approval will not be given lightly, and there will be an opportunity for the debtor, or his or her representative, to make representation at the hearings.