Q&As

Paragraph 63(3) of the Tribunals, Courts and Enforcement Act 2007 lists the roles of those exempt from requiring certification to take control of goods. It states any court staff or officer appointed under section 2(1) of the Courts Act 2003 (CoA 2003) are exempt. The same act states High Court Enforcement Officers (HCEOs) are authorised by the Lord Chancellor (CoA 2003, Sch 7) and the High Court Enforcement Officers Regulations 2004, SI 2004/400 say the same. Are HCEOs exempt from certification?

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Published on LexisPSL on 04/10/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Paragraph 63(3) of the Tribunals, Courts and Enforcement Act 2007 lists the roles of those exempt from requiring certification to take control of goods. It states any court staff or officer appointed under section 2(1) of the Courts Act 2003 (CoA 2003) are exempt. The same act states High Court Enforcement Officers (HCEOs) are authorised by the Lord Chancellor (CoA 2003, Sch 7) and the High Court Enforcement Officers Regulations 2004, SI 2004/400 say the same. Are HCEOs exempt from certification?
  • Are High Court Enforcement Officers exempt from certification?
  • Can a complaint be made against a High Court Enforcement Officers that is exempt?
  • Would it matter if the HCEO was actually enforcing the writ themselves, or simply supervising another to do that work?

Are High Court Enforcement Officers exempt from certification?

The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) states that a person may act as enforcement agent only if they fulfil the following criteria:

  1. if they are certified under TCEA 2007, s 64, or

  2. they are exempt by reason of being:

    1. a constable

    2. an officer of Revenue and Customs

    3. a court officer or staff appointed under section 2(1) of the Courts Act 2003 (CoA 2003)

    and are acting in the course of their duty as an officer of a government department

  3. they act in the presence and under the direction of either a certified enforcement agent or an exempt individual

Under CoA 2003, s 2(1), the Lord Chancellor may appoint such officers and other staff as appear to them appropriate for the purpose of discharging their general duty in relation to the courts.

CoA 2003, Sch 7 provides: ‘An enforcement officer is an individual who is authorised to act as such by the Lord Chancellor or a person act

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