Bailiffs - Proposals For Reform Still Under Consultation

Despite earlier indications that changes to the system of bailiffs and the Law of Distress were due to be implemented by April 2012, the government has just released a further consultation on their proposed reforms to debt enforcement action by bailiffs (to become known as enforcement agents).  The government's stated aims are to tackle aggressive and unnecessary bailiff activity without compromising proper and effective enforcement.  They seek to update and clarify centuries of archaic law and to combine sensible powers of enforcement with stronger requirements for accountability and professionalism in the industry.

Proposals include legal competency requirements (by legalising the voluntary code of National Standards for Enforcement Agents, as updated in January 2012); mandatory complaints procedures and enhanced regulation (with all bailiffs to be certificated by the court before they can work as an enforcement agent) and a fixed cost regime to ensure fair