The forced entry provisions provided by the TCEA are widely misunderstood and nowhere more so than on this forum. A prime example can be seen in the advice given here:
“What they have is a warrant of control. If you have been threatened with a locksmith insinuating he will break entry to a domestic premises without a valid levy or without permission from the court, then the bailiff commits an offence of Fraud by False Representation“
This is incorrect, a bailiff can force entry on the execution of a magistrates court fine under section 18 of the TCEA.
This paragraph applies if these conditions are met—
(a)the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;
(b)he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates’ Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;
(c)he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.
“A warrant of control ONLY enables bailiffs to take control of goods. If the bailiff wants to break open the debtors home, that authority has to be obtained separately. Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
This is incorrect section 15 of the act refers to EAs needing permission to attend where goods are not either at the debtors premises or at their place of work, it has nothing to do with forced entry.
The EA is not required to get a separate warrant to force entry on fines, he is required to get permission from the court officer before exercising his right to force entry but if that person is not available to give permission he can proceed on his own judgment.