A legally-binding regulatory regime for bailiffs will be introduced following a spring consultation on proposals announced today by the government.

The Ministry of Justice (MoJ) has issued proposals for the new regime in a bid to ensure that bailiffs operate fairly towards debtors while still recovering debt effectively.

The announcement ends speculation over when the consultation would occur, with the Department originally suggesting that it would happen last year following a pledge in the government's manifesto to crack down on rogue bailiffs.

The proposals for the new regulatory regime include:

• New rules around the modes and times of entry to the property.
• Clarity over which goods an Enforcement agent cannot take from someone's home or business premises.
• What fees bailiffs can charge for the range of debts that they collect for local government, courts and businesses.

The MoJ has also announced updated national standards to define acceptable behaviour for enforcement agents, and tightened the voluntary code so that people are protected from "rogue bailiffs" who use unsound, unsafe or unfair methods.

The additions to the National Standards are intended to tackle intimidating and threatening behaviour, prevent bailiffs from misrepresenting their powers, and reinforce rules about how firms should resolve complaints about rogue agents.

Councils and other authorities will adopt the standards, which will be used to set rules for any bailiffs working for them.

The updated National Standards include:

• Bailiffs must not behave in a threatening manner or use unlawful force to gain access to a home or business;
• Bailiffs should avoid discussing the debt with anyone except the person owing money, and must never behave in a way that would publicly embarrass a debtor;
• Bailiffs must withdraw when only a child is present
• Bailiffs have a duty of care towards vulnerable people, such as the elderly, people with disabilities, single parents and unemployed people and must use discretion when collecting debts from these groups.

"This is a welcome move by the MoJ, particularly in light of recent press coverage of the industry, which many believe was an unfair portrayal of the industry as a whole.  The announcement should provide clarity on the accepted processes to be adopted, not only for creditors, but consumers throughout the UK.  The majority of bailiffs conduct their work in a professional and responsible manner, however, there is the perception that some bailiffs are heavy handed and do not comply with regulations.  This consultation is long overdue and I am aware that many of the bailiff firms in the UK have been pushing for MoJ for this consultation for a number of years"

To view the National Standards for Enforcement Officers, please click here.