News and Announcements

Following criticisms regarding the charging of fees under Head H to Schedule 5 of the Council Tax (Administration and Enforcement) Regulations 1992 this association sought legal opinion as to the legality of such charges.

This legal opinion unequivocally stated that the Fee under Head H of Schedule 5, 'where no sale takes place by reason of payment or tender' in accordance with section 45 (4) of the regulations, is perfectly legitimate and in accordance with the regulations. Furthermore, the fixed fee, currently £24.50, is recoverable regardless of the actual costs incurred.

ACEA fully endorses the right of its member companies to charge such a fee and strongly encourages the use of such incontestable statutory fees, where appropriate.

Costs in Form 4 Complaints

Legal opinion has recently been obtained by the association which asserts the right for a certificated bailiff to apply for costs when he or she has been subject to an unsuccessful Form 4 complaint. This right was confirmed in the House of Lords by the Parliamentary Under-Secretary of State, Ministry of Justice Lord Bach on 11th November 2009.

The application for such costs has already been sought and granted, on a number of occasions, by our members and the association urges all of its members to consider utilising this facility, whenever appropriate, to counter the increasing misuse of this legal process for matters to which it should either not be applied or for which local solutions between the complainant and the bailiff would be more appropriate.

News for Members

News for members can be accessed via the Members area. Members who do not currently have access to the Member area are advised to contact the Director General.