Bailiffs - Legal Affairs

1 LAWS OF TRINIDAD AND TOBAGOC urrent Authorised PagesPagesAuthorised(inclusive)by of 2000 Amended by14 of 2001 Bailiffs ACTCHAPTER 4 MINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO2 Chap. 4:61 BailiffsIndex of Subsidiary LegislationPageBailiffs Regulations (LN 170/2002)..13 MINISTRY OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGOB ailiffsChap. 4 CHAPTER 4:61 Bailiffs ACTARRANGEMENT OF SECTIONSSECTION1. Short Register of Suspension and cancellation of Bailiffs to be Functions and duties of a Protection of bailiff to show licence before entering Loss and stolen Judicial Consequential Validation of certain OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO4 Chap.

2 4:61 BailiffsCHAPTER 4:61 Bailiffs ACTAn Act to provide for licensing of Bailiffs and for otherrelated matters.*[ASSENTED TO 13TH OCTOBER, 2000] Act may be cited as the Bailiffs Act came into operation on 30th June, (1) In this Act accountant means a person who has at least five yearsexperience in the field of accountancy; bailiff means a person who is employed to carry out thefunctions of a bailiff under the Petty Civil Courts Act or theLandlord and Tenant Ordinance; employed includes self-employed; licence means a licence issued under section 6(1); Ministry means the Ministry of the Attorney General; prescribed means prescribed by regulations made undersection 15; public service bailiff means a bailiff who is employed in thePublic Service; Register means the Register of Bailiffs mentioned insection 4(1); Registrar means the Registrar, or a Deputy or Assistant Registrarof the Supreme Court.

3 (2) This Act does not apply to a Marshal of Trinidadand Tobago, Deputy Marshals, Second Deputy Marshals andMarshal (1) The Registrar shall keep a register, to be known asthe Register of Bailiffs , in which he shall enter the names of all thepersons whose applications for registration he has of [68/2001].Interpretation.[14 of 2001].Ch. 4 27. No. 16.(1950 Rev. Ed.).Register ofBailiffs.* See section 2 for date of commencement of this OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGOB ailiffsChap. 4 Registration.[14 of 2001].(2) The Registrar shall have the custody of the Registerand of all documents relating to it and shall allow any personto inspect the Register during office hours without payment ofany fee.(3) The Register shall be divided into three Parts and theRegistrar shall cause to be entered in Part I of the Register thenames of public service Bailiffs , in Part 2 of the Register thenames of the other Bailiffs , and in Part 3 of the Register thephotographs and other material particulars of each (1) Subject to subsection (3), the Registrar shall, uponapplication in writing, cause to be registered in the Register thename of every person who (a)immediately before the commencement of thisAct was employed as a public service bailiff ;(b)on or after the commencement of this Act,becomes employed, or is offered a contract ofemployment, as a bailiff .

4 (2) A person who is employed as a bailiff before thecommencement of this Act shall make an application forregistration under subsection (1) within nine months of thecommencement of this Act.(3) The Registrar may refuse to register a person as abailiff unless the Registrar is satisfied that the person has compliedwith section 6(1) and (a)is of good character; (b)is a person over the age of eighteen years;(c)was or is employed, or offered a contract ofemployment, as a bailiff ; and(d)in the case of a person who is not a publicservice bailiff , has passed a written examinationand an interview which would be conducted bythe Ministry,and the Registrar may for the purpose require the person to producesuch documents or records as the Registrar thinks OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO6 Chap.

5 4:61 BailiffsLicences.(4) For the purpose of satisfying the requirement ofsubsection (3)(a), a person shall submit to the Registrar a certificateof good character from the police and two references, one of thesebeing from the list of persons listed in the requirement as refereesfor a passport.(5) Where a person applies for a licence under this Act,the Registrar shall cause to be published notice of the applicationin all daily newspapers at least once in two consecutive weeksasking any person who objects to the application to lodge with theRegistrar their objections not later than fourteen days after the dateof the last publication failing which the Registrar is entitled togrant the licence to the (1) The Registrar shall, on entering the names of anyperson in the Register and, subject to subsection (4), uponpayment of (a)the prescribed fee; and(b)the prescribed security,issue to the person a licence to carry out the functions of a bailiffand the licence shall remain in force for two years unless suspendedor cancelled.

6 (2) A licence shall be a laminated card bearing the seal ofthe Supreme Court, the photograph, name, address and date ofbirth of the bailiff and the date on which the licence expires.(3) Subject to subsection (4), upon payment of theprescribed fee, the Registrar shall renew any licence which is notsuspended or cancelled.(4) A public service bailiff is exempt from the paymentof fees and security under this section.(5) The Registrar shall, as soon as practicable after1st January and 1st July in each year, cause to be published in theGazette and in at least two daily newspapers circulating inTrinidad and Tobago the name of each person who holds, on eachof those dates, a valid OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGOB ailiffsChap. 4 Suspension andcancellation (1) The Registrar may (a)in the case of a public service bailiff , on the adviceof the Public Service Commission;(b)in the case of any other bailiff , after receiving areport under section 11 or after due inquiry andon such grounds as he thinks proper, includingincompetence or irresponsibility,suspend or cancel the licence of the bailiff .

7 (2) If it appears to the Registrar on reasonable grounds tobe expedient or in the public interest, the Registrar may suspendthe licence of a bailiff pending the results of an inquiry whichshall be instituted into the matter immediately by the Registrar.(3) The Registrar, when proposing to suspend or cancel alicence, shall serve notice of the proposal, together with writtenreasons thereof, on the bailiff , informing him of an entitlement toa hearing within fifteen days after the notice is served on him.(4) Where a bailiff requires a hearing by the Registrar inaccordance with subsection (3), the Registrar shall appoint a timefor and hold the hearing and upon completion of the hearing mayeither carry out or refrain from carrying out the proposal.(5) Each suspension or cancellation of a licence and eachtermination of such suspension shall be noted in the appropriateplace of the Register and the Registrar shall cause a notice thereofto be published in the Gazette and in at least two daily newspaperscirculating in Trinidad and Tobago.

8 (6) Where the licence of a bailiff is suspended orcancelled, the bailiff shall surrender his licence to the custody ofthe Registrar who shall (a)in the case of a suspension, return the licenceto the bailiff upon the termination of thesuspension; or(b)in the case of a cancellation, destroy the licenceafter the bailiff has unsuccessfully exhausted allmeans of redress available to OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO8 Chap. 4:61 BailiffsBailiffs tobe duties ofa 82:33.(7) A bailiff who fails, without reasonable excuse, tocomply with subsection (6) commits an offence and is liable onsummary conviction to a fine of five thousand dollars and toimprisonment for three (1) No person shall engage in business as a bailiff unlesshe is licensed under this Act and is in possession of his licence.(2) A person who carries out any function of a bailiff (a)without a licence;(b)while his licence is suspended; or(c)after his licence is cancelled,commits an offence and is liable on summary conviction to a fineof ten thousand dollars and to imprisonment for six months, and inthe case of a second or subsequent offence to a fine of twenty-fivethousand dollars and to imprisonment for two (1) The functions of a bailiff under this Act are to (a)levy execution in accordance with a judgment ofa Judge of the Petty Civil Court;(b)serve documents from a Court of summaryjurisdiction;(c)levy tenant s goods for arrears of rent as providedfor under the Landlord and Tenant Ordinance; and(d)repossess goods on hire purchase in accordancewith the Hire Purchase Act.

9 (2) The functions listed in subsection (1)(a) and (b) shallbe performed exclusively by a public service bailiff and the otherfunctions listed in subsection (1)(c) and (d) shall be performedexclusively by any other bailiff .(3) A bailiff shall not serve any process or levy anyexecution on a public holiday, except in case of urgency with leaveof the Court.(4) No person shall engage in business as a bailiffwhile an employee of or engaging in the business of a debtcollection OF THE ATTORNEY GENERAL AND Legal VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGOB ailiffsChap. 4 Protection 4 to showlicence and stolenlicences.(5) A bailiff shall notify the Registrar in writing of anychange in the address of his place of business.(6) Every bailiff shall keep and maintain books ofaccounts in accordance with accepted principles of accounting andshall obtain an audit of his books of account and financialtransactions annually by an accountant.

10 (7) Every bailiff shall furnish the Registrar with afinancial statement in such form and at such times as the Registrarmay require.(8) A bailiff shall not charge any costs or fees other thanthose immunities, privileges and protection accorded tobailiffs under the Petty Civil Courts Act shall apply to bailiffsregistered and licensed under this (1) No bailiff shall enter any premises for the purposes ofcarrying out any of his functions unless he shows his licence andgives a signed copy of the form as set out in the Schedule to theoccupier of, or other adult person on, the premises together with asigned or certified copy of the document upon which he has theauthority to perform his function on that occasion.(2) Without prejudice to the suspension or cancellationof his licence under this Act, a bailiff who contravenessubsection (1) commits an offence and is liable on summaryconviction to a fine of ten thousand dollars and to imprisonmentfor one (1) A bailiff shall report the loss or theft of his licence tothe police and to the Registrar immediately, and the Registrar shallcause a note to that effect to be entered in the Register.