Advice & Guidance
What is enforcement?
In England and Wales, enforcement agents, formerly known as bailiffs, enforce the payment of money owed both to public bodies, private companies and – in some cases – individuals.
Enforcement agents get their powers from Schedule 12 of the Tribunals, Courts, and Enforcement Act 2007. They generally use these powers under a warrant of control or writ, issued by a court.
Enforcement agents can also use these powers under a liability order: a type of court order issued by the Magistrates Court usually relating to council tax.
The main types of debt enforced include council tax arrears, utility bills, a range of court fines and parking penalties, road charges, business rates, employment tribunal awards and commercial rent arrears, unpaid child support and money owed in private disputes.
How does it work?
Enforcement firms and enforcement agents will ask for payment to satisfy the warrant, writ or liability order.
If they are not able to collect the money owed, they have the power to take control of certain goods under the Taking Control of Goods Regulations 2013.
There are restrictions on what can and can’t be taken into control which can be found here: The Taking Control of Goods Regulations 2013 (legislation.gov.uk)
In practice, enforcement agents only take goods in a small proportion of cases.
The Ministry of Justice maintains the certificated enforcement agent (bailiff) register, with details of all enforcement agents who currently hold a certificate, meaning they can carry out enforcement action.
Private debt collectors do not have the same legal power as certificated enforcement agents and are not permitted to take control of goods.
For more help and advice
For free, independent debt advice please visit:
Local providers, which can be found here
Debt advice organisations can support vulnerable people to work out a budget, check for benefits and give advice on how to deal with debts.
Who carries out enforcement action?
There are different types of enforcement agents who collect different types of debt. This is dependent upon the type of debt outstanding and who the money is owed to.
Some of these processes have different rules and regulations which are described below:
Certificated enforcement agents (also known as civil enforcement agents)
They act on a warrant of control or liability order issued by a court for debts such as unpaid magistrates’ court fines, road traffic contraventions and charges, commercial rent arrears, council tax arrears, non-domestic rates, parking fines, and child support arrears.
Most certificated enforcement agents work for private enforcement companies, but agents must have an enforcement agent’s certificate granted by the County Court, which must be renewed every two years.
To qualify for a certificate, the applicant must satisfy a judge that they are a “fit and proper” person, have a sufficient knowledge of the law and procedure relating to enforcement and provide a security bond.
High court enforcement officers (HCEOs)
They are private sector enforcement officers appointed by the Lord Chancellor and Ministry of Justice to enforce High Court Orders. HCEOs may use certified enforcement agents (CEAs) to help them enforce a High Court Order.
The debts that HCEOs enforce could include utility bills, business debts, tribunal awards, or rent arrears over £600.
The appointment of HCEOs is governed by rules made under the Courts Act 2003.
County court bailiffs
They are used to enforce County Court judgments and orders made at tribunals that have been transferred to the County Court for enforcement.
They are directly employed by HM Court and Tribunals Service and are responsible to the court for their actions.
Since they are Crown employees they do not need to be certificated.
When recovering money under a County Court judgment, a county court bailiff’s authority to act comes from the warrant of control.
They can take control of goods to recover money owed under the order and associated costs.
Civilian enforcement officers (CEOs)
They are employed by the Magistrates’ Court under Section 92 of the Access to Justice Act 1999, the Magistrates’ Courts (Civilian Enforcement Officers) Rules 1990 and the County Courts Act 2003.
CEOs enforce a range of warrants and other sums a court has ordered to be paid. In addition, they can enforce warrants of arrest for breaches of community sentences.
The Enforcement Conduct Board (ECB) has oversight of Certified Enforcement Agents and High Court Enforcement Officers.
The ECBs accreditation scheme ensures that accredited enforcement firms, and their agents, are accountable to the ECB. Accredited firms have therefore made an active, public commitment to accountability.
You can read more about our accreditation scheme here
Oversight of County Court Bailiffs and Civilian Enforcement Officers currently sits with HM Courts and Tribunals Service (HMCTS). These are employed directly by the court who has the statutory power to remove licences for agents it decides are not ‘fit and proper’ to hold their role.