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Bailiff Proposal

by msecadm4921

The British Parking Association (BPA) has set up a new Special Interest Group for Civil Enforcement, chaired by Philip Evans, and issued a revised Bailiffs and Enforcement Agency Council (BEAC) proposal.

After consultation last year the Government took the decision to ask the Security Industry Authority to regulate Bailiffs and Enforcement Agents. Although the Special Interest Group recognised that the Government is pressing ahead with its plans, it supported the need to revise the BPA proposal in the hope of influencing the Government’s proposals. The Group expressed reservations about the current approach and saw the BEAC model as a better, more affordable and effective option. The new revised BEAC proposal addresses many previous concerns and emphasises the independent nature of the proposed regulation.

“We are not looking at self-regulation,” says Keith Banbury, the soon to retire Chief Executive of the British Parking Association, “but independent regulation through the Privy Council, with the majority of the members of the Council from outside the enforcement sector, including representatives from the Advice and Debt Management sector."

Banbury adds: “The concern with using the SIA is that we would be splitting regulation, with the SIA issuing licenses and other bodies dealing with complaint handling. This sector needs a consistent and co-ordinated approach which the Government’s proposal does not provide."

Precedents

There are precedents for the BEAC form of regulation, such as the Architects Registration Board and the Health Professionals Council. The new Council would take an holistic view of regulation, dealing with licensing of individuals and companies, setting standards of conduct, education and training, and investigating complaints and alleged misconduct. It would be self-financing, offer a low-cost and effective alternative, and could be established quickly, it is claimed.

Commenting on the proposal

Sheila Harding of Bailiff Advice Online says: “The BEAC model is definitely more effective than the Government’s current proposal. It is only right that licensing and complaints should be administered under one organisation and I believe that the responsibility for the funding of regulation should be from the enforcement industry itself.”

‘Proper regulation’

Nick Pearson, AdviceUK’s national debt advice co-ordinator, added: “For many years AdviceUK has believed that there is an urgent need for proper regulation of Bailiffs and Enforcement Agents as a means of protecting the public against the practices of some firms and individuals operating in the enforcement industry. We remain disappointed that the Government has consistently failed to support the creation of a robust regulatory body for this industry. As a result, we welcome this initiative by the BPA and we feel that it offers a much better alternative model than the SIA. We hope that this initiative is supported by Government, the advice sector and the enforcement industry.” The BPA has submitted its new proposal to Government and is waiting for a response.

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