EXAMPLE OF THE MINIMUM CODE OF PRACTICE TO WHICH A MAJOR FIRM OF BAILIFFS WILL WORK TO IN THE

ABSENCE OF ONE BEING PROVIDED BY AN ENGLISH COUNCIL

Bailiff code of practice

XXXXXXXX understands that the primary concern of its clients' is the manner in which a third party, working on their behalf represents them. With this in mind, XXXXXXXX has developed the following Code of Practice to provide its clients with an assurance that their instructions will be carried out in a uniform and professional manner.

XXXXXXXX also works in full accordance with the Certificated Bailiffs Association's (CBA) Code of Practice and any relevant legislation pertaining to its activities. The following Code of Practice is flexible, to take into account any future requirements of ZZZZZZZZ ZZZZZZZ Council.

General conduct

All XXXXXXXX bailiffs are fully certificated and copies of certificates issued by the County Court are available for perusal by the Council if required.

XXXXXXXX can also confirm that it does not sub-contract any of its business activities. The following principles are incorporated in our Bailiff training programme. Our bailiff team are aware that they must carry out their duties in accordance with the following:

All bailiffs will:-

1. Comply with the instructions of the Council at all times. Any query over the interpretation of instructions will be referred to the Council's staff for clarification.

2. Comply with any instruction given by the Council's staff other than those that the bailiff considers, may prejudice the rights of the debtor or bailiffs under the law.

3. Conduct all their activities in full compliance with the Data Protection Act 1984, and take into account all guidance issued by the Data Protection Registrar.

4. Observe the provisions of the Race Relation Act 1976, and the Sex Discrimination 1986 and any other appropriate legislation. We will also observe any written statement of values that the Council upholds, such as anti-discrimination or disability awareness policies. 5. Levy distress in a firm but understanding manner, ensuring that all cases are handled with fairness and in line with relevant legislation.

6. Give consideration to any mitigating circumstances, such as:

• mental impairment

• learning difficulties

• physical difficulties

• severe financial difficulties including recent unemployment

• debtors of pensionable age

• pregnancy

• bereavement.

and seek the Council's advice before proceeding.

Guidelines

1. XXXXXXXX bailiffs observe a business dress code and they will behave in a professional and courteous manner at all times.

2. The bailiff will be circumspect and discreet when attempting to contact the debtor and not disclose the nature of his/her business or purposes of his/her investigations to any third parties unless otherwise instructed by the debtor.

3. On visiting a debtor, the bailiff will introduce himself/herself as a certificated bailiff from XXXXXXXX acting on behalf of the Council and produce his/her company identification. He/she will also carry authorisation supplied by the Council and will show this to debtors in all cases.

4. The bailiff will explain clearly the reason for his/her visit in private if possible and if necessary the powers of a bailiff.

5. The bailiff will undertake visits to enforce liability Orders or Distress between the hours of 8.00am to 8.00pm Monday to Saturday. If there are exceptional circumstances necessitating visits outside these hours, we will contact the Council before proceeding with any action.

6. All documentation left with the debtor or at their property will be on pre-printed stationery. Any documents left at the property in the absence of the debtor will be in a sealed envelope showing the debtor's name and address.

7. All documentation will be written in clear and unambiguous English and will include all appropriate reference numbers, telephone numbers, addresses and the name of the bailiff who visited the debtor's property.

8. Copies of standard documentation used in the recovery process will be forwarded to the Council, before commencement of any future contract for their approval.

9. The bailiff will not enter the debtor's premises if it appears that the only people present are young people under the age of 18. A bailiff will only involve the elderly if their name is on the Liability Order and they appear to be in good health.

11. In cases where a bailiff is requested to produce responses in writing, he/she will do so at the earliest opportunity.

12. In the unlikely event of any breach of the peace, or incident that may lead to a complaint, the bailiff will inform the Council at once.

Goods exempt from distress

XXXXXXXX works in full compliance with all current legislation, which prohibits the removal of the following goods:

• Money (unless contained in a bag or tin)

• Perishable goods (fresh food items etc)

• Fixtures

• Goods delivered to a person by way of trade

• Things in actual and personal use

• Things in the custody of the law

• Clothes, bedding and tools of the trade to the value of £ 150.00

• Goods subject to hire purchase

• Goods in the mail

Council Tax cases

In accordance with the Council Tax (Administration and Enforcement Amendment Regulations 1993), no person making a distress shall seize any goods of the debtors of the following description:-

• Such tools, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment, business or vocation.

• Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the 'basic domestic need' of the debtor and his family.

Community Charge cases

In accordance with the Council Tax regulations and with the Community Charges (Administration and Enforcement Amendment Regulations 1993).

Business rates cases

The Non Domestic Rating (Collection and Enforcement Amendment and Miscellaneous Provision Regulations 1993) exempts such clothing, bedding, furniture, household equipment and provisions as necessary for satisfying the 'basic domestic need' of the debtor and his family'.

Clothes reasonably required for the debtor's family

Bed and bedding reasonably required by the debtor's family Household linen reasonably required by the debtor's family Cleaning equipment

A table, and a chair for each member of the debtor's family Food

Toys of a child

Medical aids and equipment (e.g. wheelchairs, walking aids etc) Items for the care of children (e.g. prams, pushchairs etc)

Heating appliances, except where free standing unless they provide the only form of heating.

Cookers or microwave ovens unless there is an alternative appliance for cooking Washing machine where there are children, sick or disabled people in the debtor's family

Refrigerators where this would leave an individual with no means of keeping food cold

Annex 3