Question to the Ministry of Justice:

To ask the Secretary of State for Justice, when the requirement for private enforcement agents to be accredited by the Enforcement Conduct Board, or to work for an accredited firm, will come into force; and what sanctions will apply to enforcement agents who operate without the required accreditation.

The Ministry of Justice is working with the Enforcement Conduct Board and other interested parties to ensure that this reform comes into force as soon as possible. Implementation will require the Government to make amendments to the Certification of Enforcement Agents Regulations 2014 (the Regulations) through a Statutory Instrument (SI), made under sections 64 and 90 of the Tribunals, Courts and Enforcement Act 2007. The SI will be subject to the negative resolution procedure.

Under the Regulations, enforcement agents must apply to the county court for a certificate every two years to demonstrate that they meet the criteria to use the Taking Control of Goods procedure. If they do not meet the requirement regarding accreditation by the Enforcement Conduct Board, they will not be able to obtain or retain a certificate. In addition, a complaint can be made to the court, at any time, about an enforcement agent’s fitness to operate, which if upheld can lead to an agent’s certificate being removed. It is criminal offence to act as an enforcement agent without a valid certificate.