Bailiffs

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/4.61.pdf

Bailiffs
LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–23 ..

Act
58 of 2000

Amended by
14 of 2001

BAILIFFS ACT

CHAPTER 4:61

L.R.O. UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 4:61 Bailiffs

Index of Subsidiary Legislation
Page

Bailiffs Regulations (LN 170/2002) … … … … … 13

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 3

L.R.O.

CHAPTER 4:61

BAILIFFS ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Commencement.
3. Interpretation.
4. Register of Bailiffs.
5. Registration.
6. Licences.
7. Suspension and cancellation of licences.
8. Bailiffs to be licensed.
9. Functions and duties of a bailiff.

9A. Protection of bailiffs.
10. Bailiff to show licence before entering premises.
11. Loss and stolen licences.
12. Complaints.
13. Judicial review.
14. Training.
15. Regulations.
16. Consequential amendments.
17. Validation of certain actions.

SCHEDULE.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

4 Chap. 4:61 Bailiffs

CHAPTER 4:61

BAILIFFS ACT

An Act to provide for licensing of Bailiffs and for other
related matters.

*[ASSENTED TO 13TH OCTOBER, 2000]

1. This Act may be cited as the Bailiffs Act.

2. This Act came into operation on 30th June, 2001.

3. (1) In this Act—
“accountant” means a person who has at least five years

experience in the field of accountancy;
“bailiff” means a person who is employed to carry out the

functions of a bailiff under the Petty Civil Courts Act or the
Landlord 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 under

section 15;
“public service bailiff” means a bailiff who is employed in the

Public Service;
“Register” means the Register of Bailiffs mentioned in

section 4(1);
“Registrar” means the Registrar, or a Deputy or Assistant Registrar

of the Supreme Court.
(2) This Act does not apply to a Marshal of Trinidad

and Tobago, Deputy Marshals, Second Deputy Marshals and
Marshal Assistants.

4. (1) The Registrar shall keep a register, to be known as
the Register of Bailiffs, in which he shall enter the names of all the
persons whose applications for registration he has approved.

58 of 2000.

Short title.

Commencement.
[68/2001].

Interpretation.
[14 of 2001].

Ch. 4:21.
Ch. 27. No. 16.
(1950 Rev. Ed.).

Register of
Bailiffs.

* See section 2 for date of commencement of this Act.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 5

L.R.O.

Registration.
[14 of 2001].

(2) The Registrar shall have the custody of the Register
and of all documents relating to it and shall allow any person
to inspect the Register during office hours without payment of
any fee.

(3) The Register shall be divided into three Parts and the
Registrar shall cause to be entered in Part I of the Register the
names of public service bailiffs, in Part 2 of the Register the
names of the other bailiffs, and in Part 3 of the Register the
photographs and other material particulars of each bailiff.

5. (1) Subject to subsection (3), the Registrar shall, upon
application in writing, cause to be registered in the Register the
name of every person who—

(a) immediately before the commencement of this
Act was employed as a public service bailiff;

(b) on or after the commencement of this Act,
becomes employed, or is offered a contract of
employment, as a bailiff.

(2) A person who is employed as a bailiff before the
commencement of this Act shall make an application for
registration under subsection (1) within nine months of the
commencement of this Act.

(3) The Registrar may refuse to register a person as a
bailiff unless the Registrar is satisfied that the person has complied
with 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 of

employment, as a bailiff; and
(d) in the case of a person who is not a public

service bailiff, has passed a written examination
and an interview which would be conducted by
the Ministry,

and the Registrar may for the purpose require the person to produce
such documents or records as the Registrar thinks fit.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

6 Chap. 4:61 Bailiffs

Licences.

(4) For the purpose of satisfying the requirement of
subsection (3)(a), a person shall submit to the Registrar a certificate
of good character from the police and two references, one of these
being from the list of persons listed in the requirement as referees
for a passport.

(5) Where a person applies for a licence under this Act,
the Registrar shall cause to be published notice of the application
in all daily newspapers at least once in two consecutive weeks
asking any person who objects to the application to lodge with the
Registrar their objections not later than fourteen days after the date
of the last publication failing which the Registrar is entitled to
grant the licence to the applicant.

6. (1) The Registrar shall, on entering the names of any
person in the Register and, subject to subsection (4), upon
payment of—

(a) the prescribed fee; and
(b) the prescribed security,

issue to the person a licence to carry out the functions of a bailiff
and the licence shall remain in force for two years unless suspended
or cancelled.

(2) A licence shall be a laminated card bearing the seal of
the Supreme Court, the photograph, name, address and date of
birth of the bailiff and the date on which the licence expires.

(3) Subject to subsection (4), upon payment of the
prescribed fee, the Registrar shall renew any licence which is not
suspended or cancelled.

(4) A public service bailiff is exempt from the payment
of fees and security under this section.

(5) The Registrar shall, as soon as practicable after
1st January and 1st July in each year, cause to be published in the
Gazette and in at least two daily newspapers circulating in
Trinidad and Tobago the name of each person who holds, on each
of those dates, a valid licence.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 7

L.R.O.

Suspension and
cancellation of
licences.

7. (1) The Registrar may—
(a) in the case of a public service bailiff, on the advice

of the Public Service Commission;
(b) in the case of any other bailiff, after receiving a

report under section 11 or after due inquiry and
on such grounds as he thinks proper, including
incompetence or irresponsibility,

suspend or cancel the licence of the bailiff.

(2) If it appears to the Registrar on reasonable grounds to
be expedient or in the public interest, the Registrar may suspend
the licence of a bailiff pending the results of an inquiry which
shall be instituted into the matter immediately by the Registrar.

(3) The Registrar, when proposing to suspend or cancel a
licence, shall serve notice of the proposal, together with written
reasons thereof, on the bailiff, informing him of an entitlement to
a hearing within fifteen days after the notice is served on him.

(4) Where a bailiff requires a hearing by the Registrar in
accordance with subsection (3), the Registrar shall appoint a time
for and hold the hearing and upon completion of the hearing may
either carry out or refrain from carrying out the proposal.

(5) Each suspension or cancellation of a licence and each
termination of such suspension shall be noted in the appropriate
place of the Register and the Registrar shall cause a notice thereof
to be published in the Gazette and in at least two daily newspapers
circulating in Trinidad and Tobago.

(6) Where the licence of a bailiff is suspended or
cancelled, the bailiff shall surrender his licence to the custody of
the Registrar who shall—

(a) in the case of a suspension, return the licence
to the bailiff upon the termination of the
suspension; or

(b) in the case of a cancellation, destroy the licence
after the bailiff has unsuccessfully exhausted all
means of redress available to him.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

8 Chap. 4:61 Bailiffs

Bailiffs to
be licensed.

Functions
and duties of
a bailiff.

Ch. 82:33.

(7) A bailiff who fails, without reasonable excuse, to
comply with subsection (6) commits an offence and is liable on
summary conviction to a fine of five thousand dollars and to
imprisonment for three months.

8. (1) No person shall engage in business as a bailiff unless
he 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 fine
of ten thousand dollars and to imprisonment for six months, and in
the case of a second or subsequent offence to a fine of twenty-five
thousand dollars and to imprisonment for two years.

9. (1) The functions of a bailiff under this Act are to—
(a) levy execution in accordance with a judgment of

a Judge of the Petty Civil Court;
(b) serve documents from a Court of summary

jurisdiction;
(c) levy tenant’s goods for arrears of rent as provided

for under the Landlord and Tenant Ordinance; and
(d) repossess goods on hire purchase in accordance

with the Hire Purchase Act.
(2) The functions listed in subsection (1)(a) and (b) shall

be performed exclusively by a public service bailiff and the other
functions listed in subsection (1)(c) and (d) shall be performed
exclusively by any other bailiff.

(3) A bailiff shall not serve any process or levy any
execution on a public holiday, except in case of urgency with leave
of the Court.

(4) No person shall engage in business as a bailiff
while an employee of or engaging in the business of a debt
collection agency.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 9

L.R.O.

Protection of
bailiffs.
Ch. 4:21.

Bailiff to show
licence before
entering
premises.

Loss and stolen
licences.

(5) A bailiff shall notify the Registrar in writing of any
change in the address of his place of business.

(6) Every bailiff shall keep and maintain books of
accounts in accordance with accepted principles of accounting and
shall obtain an audit of his books of account and financial
transactions annually by an accountant.

(7) Every bailiff shall furnish the Registrar with a
financial statement in such form and at such times as the Registrar
may require.

(8) A bailiff shall not charge any costs or fees other than
those prescribed.

9A. The immunities, privileges and protection accorded to
bailiffs under the Petty Civil Courts Act shall apply to bailiffs
registered and licensed under this Act.

10. (1) No bailiff shall enter any premises for the purposes of
carrying out any of his functions unless he shows his licence and
gives a signed copy of the form as set out in the Schedule to the
occupier of, or other adult person on, the premises together with a
signed or certified copy of the document upon which he has the
authority to perform his function on that occasion.

(2) Without prejudice to the suspension or cancellation
of his licence under this Act, a bailiff who contravenes
subsection (1) commits an offence and is liable on summary
conviction to a fine of ten thousand dollars and to imprisonment
for one year.

11. (1) A bailiff shall report the loss or theft of his licence to
the police and to the Registrar immediately, and the Registrar shall
cause a note to that effect to be entered in the Register.

(2) The Registrar shall, upon the payment of the
prescribed fee, issue to the bailiff whose licence has been reported
lost or stolen, a temporary licence which shall be valid for the
unexpired period of the loss or stolen licence.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

10 Chap. 4:61 Bailiffs

Complaints.

Ch. 4:21.

Judicial review.

Training.

12. (1) A person who has a complaint against a bailiff may
make the complaint in writing in the prescribed form to a Judge
of the Petty Civil Court for the district in which the act complained
of is alleged to have taken place, and for the purposes of this
section “district” has the meaning assigned to it in section 2 of the
Petty Civil Courts Act.

(2) The Judge of the Petty Civil Court shall investigate
the complaint and shall forward the complaint, together with the
results of the investigation, to—

(a) in the case of a public service bailiff, the Public
Service Commission; or

(b) in the case of any other bailiff, the Registrar.

13. (1) A person who is aggrieved by a decision of the
Registrar may apply to the High Court for judicial review.

(2) A person aggrieved by a decision of the High Court
under subsection (1) is entitled to appeal that decision to the Court
of Appeal.

(3) Where the Registrar cancels or suspends the licence
of a bailiff and he applies to review the decision of the Registrar
under this section, he shall not perform the business of a bailiff
until the application is determined in his favour.

14. (1) A bailiff other than a public service bailiff before
being licensed under this Act shall attend a training programme
organised by the Ministry designed—

(a) to promote better understanding of the functions
and duties of bailiffs;

(b) to assist bailiffs to carry out their functions more
effectively and efficiently;

(c) to give bailiffs an opportunity to share the
experiences and to discuss ways of improving
their technical skills.

(2) The Ministry shall organise and conduct training
programmes for all bailiffs at least once every year which all bailiffs
shall attend.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 11

L.R.O.

Regulations.

Consequential
amendments.
Ch. 27. No. 16.
(1950 Rev. Ed.).

(3) The Registrar may suspend the licence of a bailiff who
fails to comply with subsection (1) until such time as the bailiff
attends a training programme.

(4) Every bailiff shall submit to the Registrar a copy of
the training certificate obtained under subsection (1) as soon as
possible but not later than one month from the date he receives it,
and where a bailiff fails to comply with this requirement, the
Registrar is entitled to suspend, cancel or deny a renewal of the
licence of that bailiff.

15. The President may make Regulations—
(a) prescribing a code of conduct for bailiffs

which may include provisions specifying acts
or omissions for which the suspension or
cancellation of a licence would be appropriate;

(b) prescribing the maximum fees to be charged
by bailiffs;

(c) prescribing and regulating the security to be
required from bailiffs for the due performance of
their duties and for accounting for moneys
received;

(d) prescribing the rules and procedures to be
followed by bailiffs seeking to gain entry to
premises for the due performance of their duties;

(e) for anything required by this Act to be
prescribed; and

(f) generally for giving effect to this Act.

16. (1) Sections 37 and 38(a) and (b) of the Landlord and
Tenant Ordinance are repealed.

(2) The Bailiff Rules are revoked.

(3) Notwithstanding subsections (1) and (2), those
subsections shall not come into force until Regulations under
section 15 are made.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

12 Chap. 4:61 Bailiffs

SCHEDULE
REPUBLIC OF TRINIDAD AND TOBAGO

THE BAILIFFS ACT
(Ch. 4:61)

FORM TO BE GIVEN BY BAILIFF TO OCCUPIER OF/OR
ADULT PERSON ON PREMISES VISITED

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

............................................. ........................................................................

Name of Bailiff

Address of Bailiff

Licence Number

Name of owner of/or adult person on premises visited

Address of premises visited

Date and time of visit

Purpose of visit

Signature of bailiff Signature of owner of/or adult
person on premises visited

17. Notwithstanding any law to the contrary, any action
taken by a bailiff under this Act from September 30, 2001 to the
date of commencement of the Bailiffs (Amendment) Act, 2001
(i.e. June 30, 2001) which may be found to be unlawful due to the
non-registration of a bailiff in accordance with section 5 of this
Act is deemed to have been lawfully and validly performed and no
legal proceedings whether pending or not shall be entertained in
respect of the lawfulness or validity of such action.

Validation of
certain actions.
[14 of 2001].

[Section 10(1)].

UNOFFICIAL VERSION


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LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 13

L.R.O.

SUBSIDIARY LEGISLATION

BAILIFFS REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation.
2. Scope of “material particulars”.
3. Notice of examination.
4. Referee.
5. Licence.
6. Licence fee.
7. Bailiff’s fee.
8. Security.
9. Complaint.

10. Notice for training.
11. Bailiff to submit return.
12. Code of Conduct.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.

UNOFFICIAL VERSION


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[Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

14 Chap. 4:61 Bailiffs

BAILIFFS REGULATIONS

made under section 15

1. These Regulations may be cited as the Bailiffs Regulations.

2. For the purpose of section 4(3), “material particulars”
include the private and business addresses and telephone number
of a bailiff, the number of the licence issued to him, its date of
issue and expiry, and where necessary, the date and reasons for
cancellation, suspension or revocation of the licence.

3. A notice specifying the date of the written examination
referred to in section 5(3) shall be published at least thirty days
before the date appointed for the examination.

4. For the purpose of section 5(4), a person holding any of
the positions listed in the First Schedule may be a referee.

5. An application for a bailiff’s licence shall be in the form
prescribed in the Second Schedule.

6. (1) The fee for a bailiff’s licence shall be five hundred
dollars.

(2) The fee for a temporary licence shall be one hundred
and fifty dollars.

7. (1) The fee to be charged by a bailiff for levying distress
and sale of goods shall not exceed twenty-five per cent of the arrears
of rent or the arrears due on a hire purchase agreement.

(2) The fee provided for in subregulation (1) does not
include the expenses to be incurred by a bailiff to enable him to
carry out the levy and sale.

8. The security to be provided by a bailiff shall be by way of
a bond prescribed in the Third Schedule.

170/2002.

Citation.

Scope of
“material
particulars”.

Notice of
examination.

Referee.
First Schedule.

Licence.
Second
Schedule.

Licence fee.

Bailiff’s fee.

Security.
Third Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Bailiffs Regulations [Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 15

L.R.O.

9. A person who has a complaint against a bailiff may make
the complaint in the form set out in the Fourth Schedule.

10. A notice stating the date and time for the training
programme to which section 14(2) refers shall be published in the
Gazette and in at least two daily newspapers circulating in Trinidad
and Tobago.

11. (1) A bailiff levying distress shall make a return to the
Magistrate of the Petty Civil Court of the District in which the
levy is made within three days after levy, setting out the date and
place of levy and a detailed list of the goods levied upon.

(2) Where a sale takes place a bailiff shall prepare and
render within seven days a detatiled account of his receipts, fees
and expenses to the Magistrate who may disallow any item
improperly so charged and in such case may order the bailiff to
refund the amount thereof to the person entitled to receive the
balance of the proceeds of the sale.

12. A bailiff shall adhere to the Code of Conduct prescribed
in the Fifth Schedule.

Complaint.
Fourth
Schedule.

Notice for
training.

Bailiff to submit
return.

Code of
Conduct.
Fifth Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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[Subsidiary] Bailiffs Regulations

LAWS OF TRINIDAD AND TOBAGO

16 Chap. 4:61 Bailiffs

FIRST SCHEDULE

PERSONS LISTED AS REFEREES

The following persons may be referees for the purpose of section 5(4):
(a) Minister of Religion registered under law to perform

marriages;
(b) Managing Director, Director or Manager of a commercial bank

or a registered company (Endorsement of Official Stamp
necessary);

(c) Professionals (University Graduates);
(d) Member of Parliament, Mayor or Councillor;
(e) Notary Public, Justice of the Peace or Commissioner of

Affidavits;
(f) Senior Public Servant (above Range 30);
(g) Police Officer (Corporal and above rank);
(h) Fire Sub-Officer and above rank;
(i) Prison Cadet Officer and above rank;
(j) Member of Defence Force (Corporal or Leading Seamen and

above rank); or
(k) Graduate Teacher—School Principal, Vice-Principal, Lecturer.

(Regulation 4).

UNOFFICIAL VERSION


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Bailiffs Regulations [Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 17

L.R.O.

SECOND SCHEDULE

APPLICATION FORM

I,....................................................................................................................................................................

of ......................................................................................................................................

do hereby apply to be licensed under the Bailiffs Act, (Ch. 4:61). My date of birth
is.....................................

I may be contacted at:

Business Telephone Number ...................................................

Facsimile Number ....................................................................

E-mail Address ........................................................................

Dated this ............................................. day of ..................................., 20 ..............

...................................................................
Signature of Applicant

Identification: National I.D. ...............................................; or

Driver’s Permit ...............................................; or

Passport ...............................................

(Regulation 5).

(Name of Applicant)

(Business Address of Applicant)

(d/ m/ y)

UNOFFICIAL VERSION


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[Subsidiary] Bailiffs Regulations

LAWS OF TRINIDAD AND TOBAGO

18 Chap. 4:61 Bailiffs

THIRD SCHEDULE
REPUBLIC OF TRINIDAD AND TOBAGO

RECOGNISANCE FOR BAILIFFS

KNOW ALL MEN BY THESE PRESENTS that

..............................................................................................................................

of ............................................................................................................................

and ..........................................................................................................................

of ...........................................................................................................................

are held and firmly bound unto the State in the sum of five thousand ($5,000.00)
dollars for which payment well and truly to be made we bind ourselves, and our
heirs, executors and administrators firmly of these presents.

Dated this ................................day of ....................................., 20.......... .

....................................................... ....................................................
Signature of surety Signature of bailiff

The within-bounded .............................................................................................

has been granted a licence to function as a bailiff untill .........................................

and whereas it is a condition of granting the said licence that the said
.............................................................................................................................

shall enter the obligation hereunder expressed.

(Name of bailiff in block letters)

(Address of bailiff in block letters)

(Name of surety in block letters)

(Address of surety in block letters)

(Name of bailiff in block letters)

(Name of bailiff in block letters)

(Date of expiration of the
bailiff’s licence)

(Regulation 8).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Bailiffs Regulations [Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 19

L.R.O.

Now the condition of the above-written bond or obligation is that if the said
................................................................................................................................

shall during the period of his licence and so long as he remains a licensed
bailiff duly and regularly account for and pay to his principal for this purpose
all monies he receives less such charges as may be authorised by law, and
faithfully performs his duties and obligations which by law are required to be
done then this recognisance shall be void but otherwise the same shall remain
in full force and effect.

Signed by the within-named bailiff, ................................... ..........................

and surety, ........................................................................... ..........................

at, ..........................................................................., on the

............................ day of .................................., 20........... .

Before me,

..........................................................

(Name of bailiff in block letters)

(Bailiff)

(Surety)

Commissioner of Affidavits/
Justice of the Peace

}

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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[Subsidiary] Bailiffs Regulations

LAWS OF TRINIDAD AND TOBAGO

20 Chap. 4:61 Bailiffs

FOURTH SCHEDULE

COMPLAINT FORM

I,....................................................................................................................................................................

of ............................................................................................................................................

do hereby notify the Judge of the Petty Civil Court of the Magisterial District of

..........................................................that ..........................................................................

of ............................................................................................................................................

has ...........................................................................................................................................

Dated this ............................................. day of ............................................., 20 ..............

...................................................................
Signature of Complainant

(Name of complainant)

(Address of complainant)

(Address of bailiff )

(Briefly state the nature of the complaint)

(Name of bailiff)

(Regulation 9).

UNOFFICIAL VERSION


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Bailiffs Regulations [Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 21

L.R.O.

FIFTH SCHEDULE

CODE OF CONDUCT FOR BAILIFFS

1. A bailiff shall exemplify high standards of integrity and honesty in the
performance of his duties and responsibilities.

2. A bailiff shall refrain from any conduct which is detrimental to the
office of a bailiff or which may tend to discredit the office or bring it
into disrepute.

3. A bailiff shall, within the law, defend with due diligence and to the
best of his ability the rights and interests of those who require
his services.

4. A bailiff shall not render any service involving—
(a) disloyalty to the State;
(b) disrespect for any judicial office;
(c) corruption of any person exercising public or private trust; and
(d) deception or betrayal of the public.

5. When a fellow bailiff has been asked or requested to look into a matter,
another bailiff shall not knowingly become involved in that matter.

6. A bailiff shall not intentionally or wilfully disseminate false or
misleading information in respect of a fellow bailiff.

7. A bailiff shall at all times be courteous, co-operative and respectful to—
(a) legal and judicial officers;
(b) police officers, and to other members of the Protective

Services;
(c) any member of the Public Service; and
(d) members of the public.

8. A bailiff shall respect the views and opinions of fellow bailiffs and
co-operate with his colleagues whenever his professional services
are sought.

9. A bailiff shall not wilfully use any document so as to deceive any
person or to pervert the course of justice.

10. A bailiff by his deportment, his demeanour, dress, conduct, and general
behaviour, in both his public and private life, shall seek to command

(Regulation 12).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Bailiffs Regulations

LAWS OF TRINIDAD AND TOBAGO

22 Chap. 4:61 Bailiffs

the respect and admiration of his colleagues and the public and shall
also exemplify by such deportment the honour and dignity of the
profession.

11. A bailiff shall exercise honesty, objectivity and diligence in the
performance of his duties and responsibilities.

12. A bailiff shall refrain from entering into any activity which may be in
conflict with the interest of his trade or which would prejudice his
ability to carry out objectively his duties and responsibilities.

13. A bailiff shall undertake only those services which he can reasonably
expect to complete with professional competence and within his
function and authority.

14. A bailiff shall be prudent in the use of information acquired in the
course of his duties, and he shall not use confidential information for
any personal gain nor in any manner which would be contrary to law.

15. A bailiff shall when reporting on results of his work, reveal all material
facts known to him which, if not revealed, could either distort reports
of the operation under review or conceal unlawful practices.

16. A bailiff shall continually strive for improvement in proficiency,
effectiveness and quality of his service.

17. A bailiff shall not use abusive or obscene language while in the
performance of his duties.

18. A bailiff shall not engage in any violence, except in self-defence, while
in the performance of his duties.

19. A bailiff shall not levy for arrears of rent or repossess goods on any
premises between the hours of 6.00 p.m. to 6.00 a.m.

20. A bailiff shall not levy or repossess goods on hire purchase on any
private premises in the absence of any adult eighteen years or over,
unless otherwise provided by law.

21. A bailiff shall not sell levied goods before the expiration of five working
days after levy, and the sale shall be only by public auction, unless
otherwise provided for by law or order of the Court.

22. A bailiff shall not sell levied goods to members of his family or to
himself.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Bailiffs Regulations [Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

Bailiffs Chap. 4:61 23

L.R.O.

23. A bailiff shall not perform the functions of a bailiff without the presence
of a police officer or a member of the Special Reserve Police Service
if he believes that a breach of the peace will occur.

24. A bailiff shall not break and enter any premises to repossess goods
under the Hire Purchase Act unless he is in possession of a judgment
issued by a Court of summary jurisdiction to so do.

25. Every bailiff shall comply with this Code of Conduct.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Read Entire Law on rgd.legalaffairs.gov.tt