Tribunals, Courts and Enforcement Act 2007
In section 3 of the Constitutional Reform Act 2005 (c. 4) (guarantee of continued judicial independence), after subsection (7) insert—
Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person to the office of Senior President of Tribunals.
Schedule 1 makes further provision about the Senior President of Tribunals and about recommendations for appointment under subsection (1).
A holder of the office of Senior President of Tribunals must, in carrying out the functions of that office, have regard to—
the need for tribunals to be accessible,
the need for proceedings before tribunals—
to be fair, and
to be handled quickly and efficiently,
the need for members of tribunals to be experts in the subject-matter of, or the law to be applied in, cases in which they decide matters, and
the need to develop innovative methods of resolving disputes that are of a type that may be brought before tribunals.
In subsection (3) “tribunals” means—
the First-tier Tribunal,
the Upper Tribunal,
employment tribunals, and
the Employment Appeal Tribunal, . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
There is to be a tribunal, known as the First-tier Tribunal, for the purpose of exercising the functions conferred on it under or by virtue of this Act or any other Act.
There is to be a tribunal, known as the Upper Tribunal, for the purpose of exercising the functions conferred on it under or by virtue of this Act or any other Act.
Each of the First-tier Tribunal, and the Upper Tribunal, is to consist of its judges and other members.
The Senior President of Tribunals is to preside over both of the First-tier Tribunal and the Upper Tribunal.
The Upper Tribunal is to be a superior court of record.
A person is a judge of the First-tier Tribunal if the person—
is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2,
is a transferred-in judge of the First-tier Tribunal (see section 31(2)),
is a judge of the Upper Tribunal,
. . . or
is within section 6A,
is a member of a panel of Employment Judges.
A person is also a judge of the First-tier Tribunal, but only as regards functions of the tribunal in relation to appeals such as are mentioned in subsection (1) of section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), if the person is an adjudicator appointed under that section by the Scottish Ministers.
A person is one of the other members of the First-tier Tribunal if the person—
is a member of the First-tier Tribunal by virtue of appointment under paragraph 2(1) of Schedule 2,
is a transferred-in other member of the First-tier Tribunal (see section 31(2)),
is one of the other members of the Upper Tribunal, or
is a member of a panel of members of employment tribunals that is not a panel of Employment Judges.
Schedule 2— contains provision for the appointment of persons to be judges or other members of the First-tier Tribunal, and makes further provision in connection with judges and other members of the First-tier Tribunal.
A person is a judge of the Upper Tribunal if the person—
is the Senior President of Tribunals,
is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3,
is a transferred-in judge of the Upper Tribunal (see section 31(2)),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is the President or a Deputy President of that tribunal, or
has the title Senior Immigration Judge but is neither the President nor a Deputy President of that tribunal,
is a judge of the First-tier Tribunal,
is the Chief Social Security Commissioner, or any other Social Security Commissioner, appointed under section 50(1) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8),
is a Social Security Commissioner appointed under section 50(2) of that Act (deputy Commissioners),
is within section 6(1),
is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 or under section 31(2)), or
is a Chamber President or a Deputy Chamber President, whether of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal, and does not fall within any of paragraphs (a) to (h).
A person is one of the other members of the Upper Tribunal if the person—
is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3,
is a transferred-in other member of the Upper Tribunal (see section 31(2)), or
is a member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17), . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 3— contains provision for the appointment of persons to be judges (including deputy judges), or other members, of the Upper Tribunal, and makes further provision in connection with judges and other members of the Upper Tribunal.
A person is within this subsection (and so, by virtue of sections 4(1)(c) and 5(1)(g), is a judge of the First-tier Tribunal and of the Upper Tribunal) if the person—
is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),
is the Lord Chief Justice of England and Wales,
is a Lord Justice of Appeal in Northern Ireland,
is the Master of the Rolls,
is a judge of the Court of Session,
is the President of the Queen's Bench Division of the High Court in England and Wales,
is a puisne judge of the High Court in England and Wales or Northern Ireland,
is the President of the Family Division of the High Court in England and Wales,
is a circuit judge,
is the Chancellor of the High Court in England and Wales,
is a sheriff in Scotland,
is a county court judge in Northern Ireland,
is a district judge in England and Wales or Northern Ireland, ...
is a District Judge (Magistrates' Courts).
is a deputy judge of the High Court in England and Wales,
is the Judge Advocate General,
is a Recorder,
is the President of Employment Tribunals (England and Wales),
is the President of Employment Tribunals (Scotland),
is the Vice President of Employment Tribunals (Scotland), or
is a Regional Employment Judge.
References in subsection (1)(c) to (i) to office-holders do not include deputies or temporary office-holders.
The Lord Chancellor may, with the concurrence of the Senior President of Tribunals, by order make provision for the organisation of each of the First-tier Tribunal and the Upper Tribunal into a number of chambers.
There is— to be a person, or two persons, to preside over that chamber.
for each chamber of the First-tier Tribunal, and
for each chamber of the Upper Tribunal,
A person may at a particular time—
preside over more than one chamber of the First-tier Tribunal;
preside over more than one chamber of the Upper Tribunal;
preside over—
one or more chambers of the First-tier Tribunal, and
one or more chambers of the Upper Tribunal.
A person appointed under this section to preside over a chamber is to be known as a Chamber President.
Where two persons are appointed under this section to preside over the same chamber, any reference in an enactment to the Chamber President of the chamber is a reference to a person appointed under this section to preside over the chamber.
The Senior President of Tribunals may (consistently with subsection (2)) appoint a person who is the Chamber President of a chamber to preside instead, or to preside also, over another chamber.
The Senior President of Tribunals may (consistently with subsection (2)) appoint a person who is not a Chamber President to preside over a chamber.
Schedule 4 (eligibility for appointment under subsection (7), appointment of Deputy Chamber Presidents and Acting Chamber Presidents, assignment of judges and other members of the First-tier Tribunal and Upper Tribunal, and further provision about Chamber Presidents and chambers) has effect.
Each of the Lord Chancellor and the Senior President of Tribunals may, with the concurrence of the other, by order—
make provision for the allocation of the First-tier Tribunal's functions between its chambers;
make provision for the allocation of the Upper Tribunal's functions between its chambers;
amend or revoke any order made under this subsection.
A person is within this section (and so, by virtue of section 4(1)(ca), is a judge of the First-tier Tribunal) if the person—
is a deputy Circuit judge,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is a person who holds an office listed—
in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc ), or
in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc ),
is a deputy district judge appointed under section 102 of that Act or section 8 of the County Courts Act 1984,
is a Deputy District Judge (Magistrates' Courts), or
is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).
The Senior President of Tribunals may delegate any function he has in his capacity as Senior President of Tribunals—
to any judge, or other member, of the Upper Tribunal or First-tier Tribunal;
to staff appointed under section 40(1).
Subsection (1) does not apply to functions of the Senior President of Tribunals under any of the following— section 7(7); section 7(9); section 29B; section 29D; paragraph 2(1) of Schedule 3; paragraph 7(1) of Schedule 3; paragraph 2 of Schedule 4; paragraph 5(1) and (3) of Schedule 4; paragraph 5(5) to (8) of Schedule 4; paragraph 5A(2)(a) of Schedule 4; paragraph 5A(3)(a) of Schedule 4. paragraph 3 of Schedule 5; paragraph 2 of Schedule A1 to the Employment Tribunals Act 1996.
A function under paragraph 1(1) or 2(1) of Schedule 2 may be delegated under subsection (1) only to a Chamber President of a chamber of the Upper Tribunal.
A delegation under subsection (1) is not revoked by the delegator's becoming incapacitated.
Any delegation under subsection (1) that is in force immediately before a person ceases to be Senior President of Tribunals continues in force until varied or revoked by a subsequent holder of the office of Senior President of Tribunals.
The delegation under this section of a function shall not prevent the exercise of the function by the Senior President of Tribunals.
The First-tier Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 11(1) (but see subsection (9)).
The First-tier Tribunal's power under subsection (1) in relation to a decision is exercisable—
of its own initiative, or
on application by a person who for the purposes of section 11(2) has a right of appeal in respect of the decision.
Tribunal Procedure Rules may—
provide that the First-tier Tribunal may not under subsection (1) review (whether of its own initiative or on application under subsection (2)(b)) a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules;
provide that the First-tier Tribunal's power under subsection (1) to review a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules is exercisable only of the tribunal's own initiative;
provide that an application under subsection (2)(b) that is of a description specified for the purposes of this paragraph in Tribunal Procedure Rules may be made only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules;
provide, in relation to a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules, that the First-tier Tribunal's power under subsection (1) to review the decision of its own initiative is exercisable only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules.
Where the First-tier Tribunal has under subsection (1) reviewed a decision, the First-tier Tribunal may in the light of the review do any of the following—
correct accidental errors in the decision or in a record of the decision;
amend reasons given for the decision;
set the decision aside.
Where under subsection (4)(c) the First-tier Tribunal sets a decision aside, the First-tier Tribunal must either—
re-decide the matter concerned, or
refer that matter to the Upper Tribunal.
Where a matter is referred to the Upper Tribunal under subsection (5)(b), the Upper Tribunal must re-decide the matter.
Where the Upper Tribunal is under subsection (6) re-deciding a matter, it may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-deciding the matter.
Where a tribunal is acting under subsection (5)(a) or (6), it may make such findings of fact as it considers appropriate.
This section has effect as if a decision under subsection (4)(c) to set aside an earlier decision were not an excluded decision for the purposes of section 11(1), but the First-tier Tribunal's only power in the light of a review under subsection (1) of a decision under subsection (4)(c) is the power under subsection (4)(a).
A decision of the First-tier Tribunal may not be reviewed under subsection (1) more than once, and once the First-tier Tribunal has decided that an earlier decision should not be reviewed under subsection (1) it may not then decide to review that earlier decision under that subsection.
Where under this section a decision is set aside and the matter concerned is then re-decided, the decision set aside and the decision made in re-deciding the matter are for the purposes of subsection (10) to be taken to be different decisions.
The Upper Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 13(1) (but see subsection (7)).
The Upper Tribunal's power under subsection (1) in relation to a decision is exercisable—
of its own initiative, or
on application by a person who for the purposes of section 13(2) has a right of appeal in respect of the decision.
Tribunal Procedure Rules may—
provide that the Upper Tribunal may not under subsection (1) review (whether of its own initiative or on application under subsection (2)(b)) a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules;
provide that the Upper Tribunal's power under subsection (1) to review a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules is exercisable only of the tribunal's own initiative;
provide that an application under subsection (2)(b) that is of a description specified for the purposes of this paragraph in Tribunal Procedure Rules may be made only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules;
provide, in relation to a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules, that the Upper Tribunal's power under subsection (1) to review the decision of its own initiative is exercisable only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules.
Where the Upper Tribunal has under subsection (1) reviewed a decision, the Upper Tribunal may in the light of the review do any of the following—
correct accidental errors in the decision or in a record of the decision;
amend reasons given for the decision;
set the decision aside.
Where under subsection (4)(c) the Upper Tribunal sets a decision aside, the Upper Tribunal must re-decide the matter concerned.
Where the Upper Tribunal is acting under subsection (5), it may make such findings of fact as it considers appropriate.
This section has effect as if a decision under subsection (4)(c) to set aside an earlier decision were not an excluded decision for the purposes of section 13(1), but the Upper Tribunal's only power in the light of a review under subsection (1) of a decision under subsection (4)(c) is the power under subsection (4)(a).
A decision of the Upper Tribunal may not be reviewed under subsection (1) more than once, and once the Upper Tribunal has decided that an earlier decision should not be reviewed under subsection (1) it may not then decide to review that earlier decision under that subsection.
Where under this section a decision is set aside and the matter concerned is then re-decided, the decision set aside and the decision made in re-deciding the matter are for the purposes of subsection (8) to be taken to be different decisions.
For the purposes of subsection (2), the reference to a right of appeal is to a right to appeal to the Upper Tribunal on any point of law arising from a decision made by the First-tier Tribunal other than an excluded decision.
Any party to a case has a right of appeal, subject to subsection (8).
That right may be exercised only with permission (or, in Northern Ireland, leave).
Permission (or leave) may be given by— on an application by the party.
the First-tier Tribunal, or
the Upper Tribunal,
For the purposes of subsection (1), an “excluded decision” is—
any decision of the First-tier Tribunal on an appeal made in exercise of a right conferred by the Criminal Injuries Compensation Scheme in compliance with section 5(1)(a) of the Criminal Injuries Compensation Act 1995 (c. 53) (appeals against decisions on reviews),
any decision of the First-tier Tribunal on an appeal under section 27(3) or (5), 79(5) or (7) or 111(3) or (5) of the Data Protection Act 2018 (appeals against national security certificate),
any decision of the First-tier Tribunal on an appeal made in exercise of a right conferred by the Victims of Overseas Terrorism Compensation Scheme in compliance with section 52(3) of the Crime and Security Act 2010,
any decision of the First-tier Tribunal on an appeal under section 60(1) or (4) of the Freedom of Information Act 2000 (c. 36) (appeals against national security certificate),
a decision of the First-tier Tribunal under section 9—
to review, or not to review, an earlier decision of the tribunal,
to take no action, or not to take any particular action, in the light of a review of an earlier decision of the tribunal,
to set aside an earlier decision of the tribunal, or
to refer, or not to refer, a matter to the Upper Tribunal,
a decision of the First-tier Tribunal that is set aside under section 9 (including a decision set aside after proceedings on an appeal under this section have been begun), or
any decision of the First-tier Tribunal under section 88, 89(3) or 92(3) of the Tax Collection and Management (Wales) Act 2016 (anaw 6) (approval for Welsh Revenue Authority to issue certain information notices),
any decision of the First-tier Tribunal that is of a description specified in an order made by the Lord Chancellor.
any decision of the First-tier Tribunal under section 108 of that Act (approval for Welsh Revenue Authority to inspect premises),
any decision of the First-tier Tribunal under section 181E or 181F of that Act (appeals relating to postponement requests),
A description may be specified under subsection (5)(f) only if—
in the case of a decision of that description, there is a right to appeal to a court, the Upper Tribunal or any other tribunal from the decision and that right is, or includes, something other than a right (however expressed) to appeal on any point of law arising from the decision, or
decisions of that description are made in carrying out a function transferred under section 30 and prior to the transfer of the function under section 30(1) there was no right to appeal from decisions of that description.
Where— the order must be framed so as to come into force no later than the time when the transfer under section 30 of the function takes effect (but power to revoke the order continues to be exercisable after that time, and power to amend the order continues to be exercisable after that time for the purpose of narrowing the description for the time being specified).
an order under subsection (5)(f) specifies a description of decisions, and
decisions of that description are made in carrying out a function transferred under section 30,
The Lord Chancellor may by order make provision for a person to be treated as being, or to be treated as not being, a party to a case for the purposes of subsection (2).
Subsection (2) applies if the Upper Tribunal, in deciding an appeal under section 11, finds that the making of the decision concerned involved the making of an error on a point of law.
The Upper Tribunal—
may (but need not) set aside the decision of the First-tier Tribunal, and
if it does, must either—
remit the case to the First-tier Tribunal with directions for its reconsideration, or
re-make the decision.
In acting under subsection (2)(b)(i), the Upper Tribunal may also—
direct that the members of the First-tier Tribunal who are chosen to reconsider the case are not to be the same as those who made the decision that has been set aside;
give procedural directions in connection with the reconsideration of the case by the First-tier Tribunal.
In acting under subsection (2)(b)(ii), the Upper Tribunal—
may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-making the decision, and
may make such findings of fact as it considers appropriate.
Subsections (2) and (3) apply in relation to a decision by the Upper Tribunal to refuse permission (or leave) to appeal further to an application under section 11(4)(b).
The decision is final, and not liable to be questioned or set aside in any other court.
In particular—
the Upper Tribunal is not to be regarded as having exceeded its powers by reason of any error made in reaching the decision;
the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.
Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether—
the Upper Tribunal has or had a valid application before it under section 11(4)(b),
the Upper Tribunal is or was properly constituted for the purpose of dealing with the application, or
the Upper Tribunal is acting or has acted—
in bad faith, or
in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.
Subsections (2) and (3) do not apply so far as provision giving the First-tier Tribunal jurisdiction to make the first-instance decision could (if the Tribunal did not already have that jurisdiction) be made by—
an Act of the Scottish Parliament, or
an Act of the Northern Ireland Assembly the Bill for which would not require the consent of the Secretary of State.
The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision of the First-tier Tribunal that it would not entertain (whether as a matter of law or discretion) in the absence of this section.
In this section—
“the supervisory jurisdiction” means the supervisory jurisdiction of— and “the court of supervisory jurisdiction” is to be read accordingly.
the High Court, in England and Wales or Northern Ireland, or
For the purposes of subsection (2), the reference to a right of appeal is to a right to appeal to the relevant appellate court on any point of law arising from a decision made by the Upper Tribunal other than an excluded decision.
Any party to a case has a right of appeal, subject to subsection (14).
That right may be exercised only with permission (or, in Northern Ireland, leave).
Permission (or leave) may be given by— on an application by the party.
the Upper Tribunal, or
the relevant appellate court,
An application may be made under subsection (4) to the relevant appellate court only if permission (or leave) has been refused by the Upper Tribunal.
The Lord Chancellor may, as respects an application under subsection (4) that falls within subsection (7) and for which the relevant appellate court is the Court of Appeal in England and Wales or the Court of Appeal in Northern Ireland, by order make provision for permission (or leave) not to be granted on the application unless the Upper Tribunal or (as the case may be) the relevant appellate court considers—
that the proposed appeal would raise some important point of principle or practice, or
that there is some other compelling reason for the relevant appellate court to hear the appeal.
An application falls within this subsection if the application is for permission (or leave) to appeal from any decision of the Upper Tribunal on an appeal under section 11.
Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of Session that falls within subsection (7) unless the court considers—
that the proposed appeal would raise some important point of principle or practice, or
that there is some other compelling reason for the court to hear the appeal.
For the purposes of subsection (1), an “excluded decision” is—
any decision of the Upper Tribunal on an appeal under section 27(3) or (5), 79(5) or (7) or 111(3) or (5) of the Data Protection Act 2018 (appeals against national security certificate),
any decision of the Upper Tribunal on an appeal under section 60(1) or (4) of the Freedom of Information Act 2000 (c. 36) (appeals against national security certificate),
any decision of the Upper Tribunal on an application under section 11(4)(b) (application for permission or leave to appeal),
any decision of the Upper Tribunal under section 88, 89(3) or 92(3) of the Tax Collection and Management (Wales) Act 2016 (anaw 6) (approval for Welsh Revenue Authority to issue certain information notices),
a decision of the Upper Tribunal under section 10—
to review, or not to review, an earlier decision of the tribunal,
to take no action, or not to take any particular action, in the light of a review of an earlier decision of the tribunal, or
to set aside an earlier decision of the tribunal,
any decision of the Upper Tribunal under section 108 of that Act (approval for Welsh Revenue Authority to inspect premises),
a decision of the Upper Tribunal that is set aside under section 10 (including a decision set aside after proceedings on an appeal under this section have been begun), or
any decision of the Upper Tribunal under section 181E or 181F of that Act (appeals relating to postponement requests),
any decision of the Upper Tribunal that is of a description specified in an order made by the Lord Chancellor.
A description may be specified under subsection (8)(f) only if—
in the case of a decision of that description, there is a right to appeal to a court from the decision and that right is, or includes, something other than a right (however expressed) to appeal on any point of law arising from the decision, or
decisions of that description are made in carrying out a function transferred under section 30 and prior to the transfer of the function under section 30(1) there was no right to appeal from decisions of that description.
Where— the order must be framed so as to come into force no later than the time when the transfer under section 30 of the function takes effect (but power to revoke the order continues to be exercisable after that time, and power to amend the order continues to be exercisable after that time for the purpose of narrowing the description for the time being specified).
an order under subsection (8)(f) specifies a description of decisions, and
decisions of that description are made in carrying out a function transferred under section 30,
Before the Upper Tribunal decides an application made to it under subsection (4), the Upper Tribunal must specify the court that is to be the relevant appellate court as respects the proposed appeal.
The court to be specified under subsection (11) in relation to a proposed appeal is whichever of the following courts appears to the Upper Tribunal to be the most appropriate—
the Court of Appeal in England and Wales;
the Court of Session;
the Court of Appeal in Northern Ireland.
In this section except subsection (11), “the relevant appellate court”, as respects an appeal, means the court specified as respects that appeal by the Upper Tribunal under subsection (11).
The Lord Chancellor may by order make provision for a person to be treated as being, or to be treated as not being, a party to a case for the purposes of subsection (2).
Rules of court may make provision as to the time within which an application under subsection (4) to the relevant appellate court must be made.
Subsection (2) applies if the relevant appellate court, in deciding an appeal under section 13, finds that the making of the decision concerned involved the making of an error on a point of law.
The relevant appellate court—
may (but need not) set aside the decision of the Upper Tribunal, and
if it does, must either—
remit the case to the Upper Tribunal or, where the decision of the Upper Tribunal was on an appeal or reference from another tribunal or some other person, to the Upper Tribunal or that other tribunal or person, with directions for its reconsideration, or
re-make the decision.
In acting under subsection (2)(b)(i), the relevant appellate court may also—
direct that the persons who are chosen to reconsider the case are not to be the same as those who—
where the case is remitted to the Upper Tribunal, made the decision of the Upper Tribunal that has been set aside, or
where the case is remitted to another tribunal or person, made the decision in respect of which the appeal or reference to the Upper Tribunal was made;
give procedural directions in connection with the reconsideration of the case by the Upper Tribunal or other tribunal or person.
In acting under subsection (2)(b)(ii), the relevant appellate court—
may make any decision which the Upper Tribunal could make if the Upper Tribunal were re-making the decision or (as the case may be) which the other tribunal or person could make if that other tribunal or person were re-making the decision, and
may make such findings of fact as it considers appropriate.
Where— the Upper Tribunal may (instead of reconsidering the case itself) remit the case to that other tribunal or person, with the directions given by the relevant appellate court for its reconsideration.
under subsection (2)(b)(i) the relevant appellate court remits a case to the Upper Tribunal, and
the decision set aside under subsection (2)(a) was made by the Upper Tribunal on an appeal or reference from another tribunal or some other person,
In acting under subsection (5), the Upper Tribunal may also—
direct that the persons who are chosen to reconsider the case are not to be the same as those who made the decision in respect of which the appeal or reference to the Upper Tribunal was made;
give procedural directions in connection with the reconsideration of the case by the other tribunal or person.
In this section “the relevant appellate court”, as respects an appeal under section 13, means the court specified as respects that appeal by the Upper Tribunal under section 13(11).
If the Upper Tribunal is satisfied that— the Upper Tribunal may grant a certificate to that effect.
the conditions in subsection (4) or (5) are fulfilled in relation to the Upper Tribunal's decision in any proceedings, and
as regards that decision, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 14B,
The Upper Tribunal may grant a certificate under this section only on an application made by a party to the proceedings.
The Upper Tribunal may grant a certificate under this section only if the relevant appellate court as regards the proceedings is—
the Court of Appeal in England and Wales, or
the Court of Appeal in Northern Ireland.
The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that point of law is—
a point of law that—
relates wholly or mainly to the construction of an enactment or statutory instrument, and
has been fully argued in the proceedings and fully considered in the judgment of the Upper Tribunal in the proceedings, or
a point of law—
in respect of which the Upper Tribunal is bound by a decision of the relevant appellate court or the Supreme Court in previous proceedings, and
that was fully considered in the judgments given by the relevant appellate court or, as the case may be, the Supreme Court in those previous proceedings.
The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that—
the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,
the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Upper Tribunal, a hearing by the Supreme Court is justified, or
the Upper Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.
Before the Upper Tribunal decides an application made to it under this section, the Upper Tribunal must specify the court that would be the relevant appellate court if the application were an application for permission (or leave) under section 13.
In this section except subsection (6) and in sections 14B and 14C, “the relevant appellate court”, as respects an application, means the court specified as respects that application by the Upper Tribunal under subsection (6).
No appeal lies against the grant or refusal of a certificate under subsection (1).
If the Upper Tribunal grants a certificate under section 14A in relation to any proceedings, a party to those proceedings may apply to the Supreme Court for permission to appeal directly to the Supreme Court.
An application under subsection (1) must be made—
within one month from the date on which that certificate is granted, or
within such time as the Supreme Court may allow in a particular case.
If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal.
If permission is granted under this section—
no appeal from the decision to which the certificate relates lies to the relevant appellate court, but
an appeal lies from that decision to the Supreme Court.
An application under subsection (1) is to be determined without a hearing.
Subject to subsection (4), no appeal lies to the relevant appellate court from a decision of the Upper Tribunal in respect of which a certificate is granted under section 14A until—
the time within which an application can be made under subsection (1) has expired, and
where such an application is made, that application has been determined in accordance with this section.
No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment (other than sections 14A and 14B), no appeal would lie from that decision of the Upper Tribunal to the relevant appellate court, with or without the permission (or leave) of the Upper Tribunal or the relevant appellate court.
No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment, no appeal would lie from a decision of the relevant appellate court on that decision of the Upper Tribunal to the Supreme Court, with or without the permission (or leave) of the relevant appellate court or the Supreme Court.
Where no appeal would lie to the relevant appellate court from the decision of the Upper Tribunal except with the permission (or leave) of the Upper Tribunal or the relevant appellate court, no certificate may be granted under section 14A in respect of a decision of the Upper Tribunal unless it appears to the Upper Tribunal that it would be a proper case for giving permission (or leave) to appeal to the relevant appellate court.
No certificate may be granted under section 14A in respect of a decision or order of the Upper Tribunal made by it in the exercise of its jurisdiction to punish for contempt.
The Upper Tribunal has power, in cases arising under the law of England and Wales or under the law of Northern Ireland, to grant the following kinds of relief—
a mandatory order;
a prohibiting order;
a quashing order;
a declaration;
an injunction.
The power under subsection (1) may be exercised by the Upper Tribunal if—
certain conditions are met (see section 18), or
the tribunal is authorised to proceed even though not all of those conditions are met (see section 19(3) and (4)).
Relief under subsection (1) granted by the Upper Tribunal—
has the same effect as the corresponding relief granted by the High Court on an application for judicial review, and
is enforceable as if it were relief granted by the High Court on an application for judicial review.
In deciding whether to grant relief under subsection (1)(a), (b) or (c), the Upper Tribunal must apply the principles that the High Court would apply in deciding whether to grant that relief on an application for judicial review.
In deciding whether to grant relief under subsection (1)(d) or (e), the Upper Tribunal must—
in cases arising under the law of England and Wales apply the principles that the High Court would apply in deciding whether to grant that relief under section 31(2) of the Supreme Court Act 1981 (c. 54) on an application for judicial review, and
in cases arising under the law of Northern Ireland apply the principles that the High Court would apply in deciding whether to grant that relief on an application for judicial review.
For the purposes of the application of subsection (3)(a) in relation to cases arising under the law of Northern Ireland—
a mandatory order under subsection (1)(a) shall be taken to correspond to an order of mandamus,
a prohibiting order under subsection (1)(b) shall be taken to correspond to an order of prohibition, and
a quashing order under subsection (1)(c) shall be taken to correspond to an order of certiorari.
In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal when deciding whether to grant relief under subsection (1) as they apply to the High Court when deciding whether to grant relief on an application for judicial review.
If the tribunal grants relief in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (5A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.
This section applies in relation to an application to the Upper Tribunal for relief under section 15(1).
The application may be made only if permission (or, in a case arising under the law of Northern Ireland, leave) to make it has been obtained from the tribunal.
The tribunal may not grant permission (or leave) to make the application unless it considers that the applicant has a sufficient interest in the matter to which the application relates.
Subsection (5) applies where the tribunal considers—
that there has been undue delay in making the application, and
that granting the relief sought on the application would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.
In cases arising under the law of England and Wales, when considering whether to grant permission to make the application, the tribunal—
may of its own initiative consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred, and
must consider that question if the respondent asks it to do so.
The tribunal may—
refuse to grant permission (or leave) for the making of the application;
refuse to grant any relief sought on the application.
In subsection (3C) “ the conduct complained of ” means the conduct (or alleged conduct) of the respondent that the applicant claims justifies the tribunal in granting relief.
The tribunal may award to the applicant damages, restitution or the recovery of a sum due if—
the application includes a claim for such an award arising from any matter to which the application relates, and
the tribunal is satisfied that such an award would have been made by the High Court if the claim had been made in an action begun in the High Court by the applicant at the time of making the application.
If, on considering the question mentioned in subsection (3C)(a) and (b), it appears to the tribunal to be highly likely that the outcome for the applicant would not have been substantially different, the tribunal must refuse to grant permission.
An award under subsection (6) may be enforced as if it were an award of the High Court.
The tribunal may disregard the requirement in subsection (3E) if it considers that it is appropriate to do so for reasons of exceptional public interest.
Where— the Court of Appeal may go on to decide the application for relief under section 15(1).
the tribunal refuses to grant permission (or leave) to apply for relief under section 15(1),
the applicant appeals against that refusal, and
the Court of Appeal grants the permission (or leave),
If the tribunal grants permission in reliance on subsection (3F), the tribunal must certify that the condition in subsection (3F) is satisfied.
Subsections (4) and (5) do not prevent Tribunal Procedure Rules from limiting the time within which applications may be made.
In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal as regards the making of an award under subsection (6) as they apply to the High Court as regards the making of an award under section 31(4) of the Senior Courts Act 1981.
If the tribunal makes an award in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (6A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.
If the Upper Tribunal makes a quashing order under section 15(1)(c) in respect of a decision, it may in addition—
remit the matter concerned to the court, tribunal or authority that made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the Upper Tribunal, or
substitute its own decision for the decision in question.
In cases arising under the law of England and Wales, section 29A of the Senior Courts Act 1981 applies in relation to a quashing order under section 15(1)(c) of this Act as it applies in relation to a quashing order under section 29 of that Act.
The power conferred by subsection (1)(b) is exercisable only if—
the decision in question was made by a court or tribunal,
the quashing order is made on the ground that there has been an error of law, and
without the error, there would have been only one decision that the court or tribunal could have reached.
Unless the Upper Tribunal otherwise directs, a decision substituted by it under subsection (1)(b) has effect as if it were a decision of the relevant court or tribunal.
This section applies where an application made to the Upper Tribunal seeks (whether or not alone)—
relief under section 15(1), or
permission (or, in a case arising under the law of Northern Ireland, leave) to apply for relief under section 15(1).
If Conditions 1 to 4 are met, the tribunal has the function of deciding the application.
If the tribunal does not have the function of deciding the application, it must by order transfer the application to the High Court.
Condition 1 is that the application does not seek anything other than—
relief under section 15(1);
permission (or, in a case arising under the law of Northern Ireland, leave) to apply for relief under section 15(1);
an award under section 16(6);
interest;
costs.
Condition 2 is that the application does not call into question anything done by the Crown Court.
Condition 3 is that the application falls within a class specified for the purposes of this subsection in a direction given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 (c. 4).
The power to give directions under subsection (6) includes—
power to vary or revoke directions made in exercise of the power, and
power to make different provision for different purposes.
Condition 4 is that the judge presiding at the hearing of the application is either—
a judge of the High Court or the Court of Appeal in England and Wales or Northern Ireland, or a judge of the Court of Session, or
such other persons as may be agreed from time to time between the Lord Chief Justice, the Lord President, or the Lord Chief Justice of Northern Ireland, as the case may be, and the Senior President of Tribunals.
Where the application is transferred to the High Court under subsection (3)—
the application is to be treated for all purposes as if it—
had been made to the High Court, and
sought things corresponding to those sought from the tribunal, and
any steps taken, permission (or leave) given or orders made by the tribunal in relation to the application are to be treated as taken, given or made by the High Court.
Rules of court may make provision for the purpose of supplementing subsection (9).
The provision that may be made by Tribunal Procedure Rules about amendment of an application for relief under section 15(1) includes, in particular, provision about amendments that would cause the application to become transferrable under subsection (3).
For the purposes of subsection (9)(a)(ii), in relation to an application transferred to the High Court in Northern Ireland—
an order of mandamus shall be taken to correspond to a mandatory order under section 15(1)(a),
an order of prohibition shall be taken to correspond to a prohibiting order under section 15(1)(b), and
an order of certiorari shall be taken to correspond to a quashing order under section 15(1)(c).
In the Supreme Court Act 1981 (c. 54), after section 31 insert—
In the Judicature (Northern Ireland) Act 1978 (c. 23), after section 25 insert—
Where an application is transferred to the Upper Tribunal under 31A of the Supreme Court Act 1981 (c. 54) or section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court of judicial review applications)—
the application is to be treated for all purposes as if it—
had been made to the tribunal, and
sought things corresponding to those sought from the High Court,
the tribunal has the function of deciding the application, even if it does not fall within a class specified under section 18(6), and
any steps taken, permission given, leave given or orders made by the High Court in relation to the application are to be treated as taken, given or made by the tribunal.
Where— the tribunal has the function of deciding any subsequent application brought under the permission or leave, even if the subsequent application does not fall within a class specified under section 18(6).
an application for permission is transferred to the Upper Tribunal under section 31A of the Supreme Court Act 1981 (c. 54) and the tribunal grants permission, or
an application for leave is transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) and the tribunal grants leave,
Tribunal Procedure Rules may make further provision for the purposes of supplementing subsections (3) and (4).
For the purposes of subsection (3)(a)(ii), in relation to an application transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978—
a mandatory order under section 15(1)(a) shall be taken to correspond to an order of mandamus,
a prohibiting order under section 15(1)(b) shall be taken to correspond to an order of prohibition, and
a quashing order under section 15(1)(c) shall be taken to correspond to an order of certiorari.
Where an application is made to the supervisory jurisdiction of the Court of Session, the Court— by order transfer the application to the Upper Tribunal.
must, if Conditions 1 and 2 are met, and,
may, if Conditions 1 and 3 are met, but Condition 2 is not,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Condition 1 is that the application does not seek anything other than an exercise of the supervisory jurisdiction of the Court of Session.
Condition 2 is that the application falls within a class specified for the purposes of this subsection by act of sederunt made with the consent of the Lord Chancellor.
Condition 3 is that the subject matter of the application is not a devolved Scottish matter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Immigration Acts,
the British Nationality Act 1981 (c. 61),
any instrument having effect under an enactment within paragraph (a) or (b), or
any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.
There may not be specified under subsection (3) any class of application which includes an application the subject matter of which is a devolved Scottish matter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this section, the subject matter of an application is a devolved Scottish matter if it—
concerns the exercise of functions in or as regards Scotland, and
does not relate to a reserved matter within the meaning of the Scotland Act 1998 (c. 46).
In subsection (2), the reference to the exercise of the supervisory jurisdiction of the Court of Session includes a reference to the making of any order in connection with or in consequence of the exercise of that jurisdiction.
The Upper Tribunal has the function of deciding applications transferred to it from the Court of Session under section 20(1).
The powers of review of the Upper Tribunal in relation to such applications are the same as the powers of review of the Court of Session in an application to the supervisory jurisdiction of that Court.
In deciding an application by virtue of subsection (1), the Upper Tribunal must apply principles that the Court of Session would apply in deciding an application to the supervisory jurisdiction of that Court.
An order of the Upper Tribunal by virtue of subsection (1)—
has the same effect as the corresponding order granted by the Court of Session on an application to the supervisory jurisdiction of that Court, and
is enforceable as if it were an order so granted by that Court.
Where an application is transferred to the Upper Tribunal by virtue of section 20(1), any steps taken or orders made by the Court of Session in relation to the application (other than the order to transfer the application under section 20(1)) are to be treated as taken or made by the tribunal.
Tribunal Procedure Rules may make further provision for the purposes of supplementing subsection (5).
This section applies where the Court of Session transfers an application under section 20(1).
It is for the Upper Tribunal to determine—
whether the application has been made timeously, and
whether to grant permission for the application to proceed under section 27B of the Court of Session Act 1988 (“the 1988 Act”) (requirement for permission).
Accordingly—
the Upper Tribunal has the same powers in relation to the application as the Court of Session would have had in relation to it under sections 27A to 27C of the 1988 Act,
sections 27C and 27D of that Act apply in relation to a decision of the Upper Tribunal under section 27B(1) of that Act as they apply in relation to such a decision of the Court of Session.
The references in section 27C(3) and (4) of the 1988 Act (oral hearings where permission refused) to a different Lord Ordinary from the one who granted or refused permission are to be read as references to different members of the Tribunal from those of whom it was composed when it refused or granted permission.
There are to be rules, to be called “Tribunal Procedure Rules”, governing—
the practice and procedure to be followed in the First-tier Tribunal, and
the practice and procedure to be followed in the Upper Tribunal.
Tribunal Procedure Rules are to be made by the Tribunal Procedure Committee.
In Schedule 5— Part 1 makes further provision about the content of Tribunal Procedure Rules, Part 2 makes provision about the membership of the Tribunal Procedure Committee, Part 3 makes provision about the making of Tribunal Procedure Rules by the Committee, and Part 4 confers power to amend legislation in connection with Tribunal Procedure Rules.
Power to make Tribunal Procedure Rules is to be exercised with a view to securing—
that, in proceedings before the First-tier Tribunal and Upper Tribunal, justice is done,
that the tribunal system is accessible and fair,
that proceedings before the First-tier Tribunal or Upper Tribunal are handled quickly and efficiently,
that the rules are both simple and simply expressed, and
that the rules where appropriate confer on members of the First-tier Tribunal, or Upper Tribunal, responsibility for ensuring that proceedings before the tribunal are handled quickly and efficiently.
In subsection (4)(b) “the tribunal system” means the system for deciding matters within the jurisdiction of the First-tier Tribunal or the Upper Tribunal.
The Senior President of Tribunals may give directions—
as to the practice and procedure of the First-tier Tribunal;
as to the practice and procedure of the Upper Tribunal.
A Chamber President may give directions as to the practice and procedure of the chamber over which he presides.
A power under this section to give directions includes—
power to vary or revoke directions made in exercise of the power, and
power to make different provision for different purposes (including different provision for different areas).
Directions under subsection (1) may not be given without the approval of the Lord Chancellor.
Directions under subsection (2) may not be given without the approval of—
the Senior President of Tribunals, and
the Lord Chancellor.
Subsections (4) and (5)(b) do not apply to directions to the extent that they consist of guidance about any of the following—
the application or interpretation of the law;
the making of decisions by members of the First-tier Tribunal or Upper Tribunal.
Subsections (4) and (5)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.
A person exercising power to make Tribunal Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—
mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;
where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.
Practice directions may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.
The provision that may be made by virtue of subsection (2) includes provision for a member to act as a mediator in relation to disputed matters in a case even though the member has been chosen to decide matters in the case.
Once a member has begun to act as a mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.
Staff appointed under section 40(1) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.
In this section—
“member” means a judge or other member of the First-tier Tribunal or a judge or other member of the Upper Tribunal;
“supervising authority” has the meaning given by section 129.
Section 2
If there is a vacancy in the office of Senior President of Tribunals, the Lord Chancellor must recommend a person for appointment to that office. Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice of England and Wales agrees that it may remain unfilled.
In Chapter 2 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (appointments), after section 75 insert—
A person is eligible for selection in pursuance of a request under paragraph 2(5) only if—
he satisfies the judicial-appointment eligibility condition on a 7-year basis,
he is an advocate or solicitor in Scotland of at least seven years' standing, or
he is a barrister or solicitor in Northern Ireland of at least seven years' standing.
A person appointed to the office of Senior President of Tribunals must take the required oaths in the presence of— Sub-paragraph (1) applies whether or not the person has previously taken the required oaths after accepting another office. In this paragraph “the required oaths” means— as set out in the Promissory Oaths Act 1868 (c. 72).
This Part of this Schedule makes further provision about the content of Tribunal Procedure Rules. The generality of section 22(1) is not to be taken to be prejudiced by— In the following paragraphs of this Part of this Schedule “Rules” means Tribunal Procedure Rules.
Rules may make provision for time limits as respects initiating, or taking any step in, proceedings before the First-tier Tribunal or the Upper Tribunal.
Rules may—
make provision for dealing with matters without a hearing;
make provision as respects allowing or requiring a hearing to be in private or as respects allowing or requiring a hearing to be in public.
Rules may make provision about evidence (including evidence on oath and administration of oaths). Rules may modify any rules of evidence provided for elsewhere, so far as they would apply to proceedings before the First-tier Tribunal or Upper Tribunal. Rules may make provision, where the First-tier Tribunal has required a person— for the Upper Tribunal to deal with non-compliance with the requirement as though the requirement had been imposed by the Upper Tribunal. Rules may make provision for the payment of expenses and allowances to persons giving evidence, producing documents, attending proceedings or required to attend proceedings.
Rules may make provision for a party to proceedings to deduct, from amounts payable by him, amounts payable to him. Rules may make provision for interest on sums awarded (including provision conferring a discretion or provision in accordance with which interest is to be calculated).
Rules may confer on the First-tier Tribunal, or the Upper Tribunal, such ancillary powers as are necessary for the proper discharge of its functions.
Rules may make different provision for different purposes or different areas.
In section 44 of the Health and Safety at Work etc. Act 1974 (appeals in connection with licensing provisions), after subsection (4) insert—
The Litigants in Person (Costs and Expenses) Act 1975 is amended as follows. In section 1(1) and (2) (costs, expenses and losses of litigant in person to be recoverable), before the word “or” at the end of paragraph (b) insert—. In section 1(4) (meaning of “rules of court”), before the word “and” at the end of paragraph (b) insert—.
The Town and Country Planning Act 1990 is amended as follows.
The Judicial Pensions and Retirement Act 1993 is amended as follows. In section 26 (retirement date for holders of certain judicial offices etc.), subsection (7) is amended as follows. In paragraph (f), for the words from “(persons” to the end substitute “(holders of relevant office);”. After paragraph (g) insert—. Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals Deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Actj011s Deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007Clauses.rtf_j012a Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal
In the Criminal Injuries Compensation Act 1995, after section 5 insert—
Subject to paragraph 8(1) (persons who held certain judicial offices on 30th March 1995), sub-paragraphs (3) and (4) apply where the person has a personal retirement date under either or both of paragraphs 6 and 7. In sub-paragraphs (3) and (4) and paragraph 8(1) and (2)— Subsection (1) of section 26 of the 1993 Act shall have effect (subject to the following provisions of that section) as if it provided for the person to vacate the relevant judicial office on the special date. The special date is to be taken for the purposes of that section to be the compulsory retirement date for the relevant judicial office in the person’s case.
If— paragraph 5(3) and (4) do not apply. If the special date is later than the retirement date preserved in 1995, paragraph 2(2)(b) of Schedule 7 to the 1993 Act does not have effect in relation to the relevant judicial office in the person’s case. Paragraph 2(2) has effect subject to paragraph 8(2) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (certain cases where the post-commencement office is that of judge, or other member, of the First-tier Tribunal or the Upper Tribunal).
Sub-paragraphs (2) and (3) apply where— Section 1(1)(a) of the 1993 Act (Part 1 of the 1993 Act applies to a person who first holds qualifying judicial office on or after 31st March 1995) does not have effect in relation to the person. The person is entitled, subject to paragraph 12, to elect for Part 1 of the 1993 Act (judicial pensions) to apply to him. Part 1 of the 1993 Act applies to a person who makes an election under sub-paragraph (3). Sub-paragraph (4) is subject to sections 1(5) and 13 of the 1993 Act (where person has opted out of Part 1 of the 1993 Act then, except as provided by section 13 of that Act, that Part does not apply to the person).
In section 64(2) of the Courts Act 2003 (power to alter listed judicial titles), in the entry for a deputy district judge for a county court district, for “for a county court district” substitute “appointed under section 8 of the County Courts Act 1984”.
For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph. The property in any goods ceases to be bound— The property in all goods ceases to be bound when any of these happens—
An enforcement agent may take control of goods only if they are—
on premises that he has power to enter under this Schedule, or
on a highway.
An enforcement agent may enter relevant premises to search for and take control of goods. Where there are different relevant premises this paragraph authorises entry to each of them. This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations. If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises. If he is acting under section 121A of the Social Security Administration Act 1992 (c. 5), premises are relevant if they are the place, or one of the places, where the debtor carries on a trade or business. Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—
Where paragraph 18 or 19 applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.
This paragraph applies where a person makes an application to the court claiming that goods taken control of are his and not the debtor's. After receiving notice of the application the enforcement agent must not sell the goods, or dispose of them (in the case of securities), unless directed by the court under this paragraph. The court may direct the enforcement agent to sell or dispose of the goods if the applicant fails to make, or to continue to make, the required payments into court. The required payments are— If the applicant makes a payment under sub-paragraph (4)(a) but the enforcement agent disputes the value of the goods, any underpayment is to be— If sub-paragraph (3) does not apply the court may still direct the enforcement agent to sell or dispose of the goods before the court determines the applicant’s claim, if it considers it appropriate. If the court makes a direction under sub-paragraph (3) or (6)— In this paragraph “the court”, subject to rules of court, means—
Any liability of an enforcement agent or related party to a lawful claimant for the sale of controlled goods is excluded except in two cases. The first exception is where at the time of the sale the enforcement agent had notice that the goods were not the debtor's, or not his alone. The second exception is where before sale the lawful claimant had made an application to the court claiming an interest in the goods. A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.
A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent. A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse. A person guilty of an offence under this paragraph is liable on summary conviction to— In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in sub-paragraph (3)(a) to 51 weeks is to be read as a reference to 6 months.
A local inquiry or hearing held in pursuance of this Schedule shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).
An enforcement agent may take control of goods only if they are goods of the debtor.
This paragraph applies if these conditions are met—
the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;
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;
he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.
Any liability of an enforcement agent or related party to a lawful claimant for paying over proceeds is excluded except in two cases. The first exception is where at the time of the payment he had notice that the goods were not the debtor's, or not his alone. The second exception is where before that time the lawful claimant had made an application to the court claiming an interest in the goods. A lawful claimant in relation to goods is a person who has an interest in them at the time of sale.
A local inquiry or other hearing held under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).
Subject to paragraphs 9 and 10 and to any other enactment under which goods are protected, an enforcement agent— Regulations may authorise him to take control of exempt goods in prescribed circumstances, if he provides the debtor with replacements in accordance with the regulations.
This paragraph applies if these conditions are met— The enforcement powers are those under any of the following—
Paragraphs 63 and 64— The following apply for the purposes of those paragraphs. The enforcement agent or a related party has notice of something if he would have found it out if he had made reasonable enquiries. A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent. “The court” has the same meaning as in paragraph 60.
An inquiry held by a commission under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).
If— the person shall, if still holding the office at the end of the fixed-term, vacate the office at the end of the fixed-term. Subject to sub-paragraph (1) (and to the 1993 Act), a person appointed to the office of Senior President of Tribunals shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament. It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under sub-paragraph (2). In this paragraph “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).
In section 338 of the Greater London Authority Act 1999 (spatial development strategy: examination in public), for subsection (10) substitute—
Section 98 of the Courts Act 2003 (register of judgments and orders etc.) is amended as follows. In subsection (1) (registrable orders etc.), after paragraph (e) insert— In subsection (3) (regulations)—
In paragraph 6(5) of Schedule 1 to the Gender Recognition Act 2004 (directions about practice and procedure of Gender Recognition Panels), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
For the purposes of this Part of this Schedule—
“new office” means—
the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,
the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,
the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and
the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal;
a person holds an office “on a salaried basis” if and so long as, and to the extent that—
the person’s service in the office is remunerated by payment of a salary, and
the salary is not subject to terms which preclude rights to pensions and other benefits accruing by reference to it;
a person shall be regarded as holding “qualifying judicial office” at any time when he holds, on a salaried basis, any one or more of the offices specified in Schedule 1 to the 1993 Act, and any reference to a “qualifying judicial office” is a reference to any office specified in that Schedule if it is held on a salaried basis;
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).
Sub-paragraph (2) applies if— The person’s service in the new office, so far as it is service during the continuity period— In sub-paragraph (2) “the continuity period” means the period— For the purposes of sub-paragraph (1)(c)(ii), the person’s service in the old office is not to be treated as subject to a public service pension scheme at a time when the scheme does not apply to him as a result of his having exercised a right to elect for the scheme not to apply to him. A public service pension scheme which, apart from sub-paragraph (2), would not be a judicial pension scheme for the purposes of the 1993 Act does not become a judicial pension scheme for those purposes if it is only as a result of sub-paragraph (2) that pensions and other benefits are payable under the scheme in respect of service in qualifying judicial office. In this paragraph “public service pension scheme” means any public service pension scheme, as defined in—
The Judicial Pensions and Retirement Act 1993 is amended as follows.
In section 104 of the Criminal Justice Act 1967 (general provisions as to interpretation) after subsection (1) insert—
In section 179 of the Water Industry Act 1991 (vesting of works in undertaker), in subsection (4)(b) after “liable” insert “to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or”.
The Social Security Administration Act 1992 is amended as follows.
Section 23 is amended as follows.
Sub-paragraph (2) applies to a person appointed to the office of Senior President of Tribunals on a recommendation made under paragraph 2(3). The person ceases to be Senior President of Tribunals if he ceases to fall within paragraph 2(2)(b).
In section 26(7) (certain offices for which retirement date is age 75), for paragraph (g) (certain deputy district judges) substitute—.
In section 71 (overpayments: general), in subsection (10)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
In subsection (1) (failure of debtor to attend hearing)—
for the words from “notice of an application” to “such an order” substitute “relevant notice,”;
for “for any hearing of the application” substitute “in the notice for any hearing,”.
A person who holds the office of Senior President of Tribunals may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.
Schedule 5 (“the relevant offices” for the purposes of the retirement provisions) is amended as follows. In the entry for a deputy district judge appointed under section 102 of the Supreme Court Act 1981, for the words after “except in a case where” substitute “subsection (1B) of that section applied to the appointment of the person in question”. In the entry for a deputy district judge appointed under section 8 of the County Courts Act 1984, for the words after “except in a case where” substitute “subsection (1ZB) of that section applied to the appointment of the person in question”.
In section 75 (overpayments of housing benefit), in subsection (7)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
After subsection (1) insert—
The Lord Chancellor, if satisfied by means of a medical certificate that a person holding the office of Senior President of Tribunals— may, subject to sub-paragraph (2), by instrument under his hand declare the person to have vacated the office; and the instrument shall have the like effect for all purposes as if the person had on the date of the instrument resigned the office. A declaration under sub-paragraph (1) with respect to a person shall be of no effect unless it is made with the concurrence of—
Section 121A (recovery of contributions etc in England and Wales) is amended as follows. In subsection (1)— Omit subsections (2) to (8) and (10).
In subsection (2)(c) and (f) (offences related to attachment of earnings orders)—
after “section 14(1)” insert “or (1A)”.
after “attachment of earnings order” insert “or suspension order”.
Section 4
Section 5
Section 7
Section 22
The Lord Chancellor may by order amend, repeal or revoke any enactment to the extent he considers necessary or desirable— In this paragraph “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
The Social Security Administration Act 1992 is amended as follows.
In section 8 of the Planning and Compulsory Purchase Act 2004 (regional spatial strategy: examination in public), for subsection (7) substitute—
The Constitutional Reform Act 2005 is amended as follows.
The Sale of Farming Stock Act 1816 ceases to have effect.
The Inclosure Act 1845 is amended as follows.
Section 43ZA of the Supreme Court Act 1981 (power of High Court to vary committal in default) is amended as follows. In subsection (1) for “distress” in both places substitute “goods”. After subsection (2) insert—
In paragraph 11 of Schedule 6 to the Electricity Act 1989 (electrical plant etc not to be liable to be taken in execution), in sub-paragraph (2)(b) after “liable” insert “to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or”.
The Child Support Act 1991 is amended as follows.
In section 54 of the Land Drainage Act 1991 (powers for enforcing payment of drainage rates), in subsection (2)(b) for “warrant of distress” substitute “warrant of control”.
In section 27 of the Railways Act 1993 (transfer of franchise assets and shares), in subsection (6) after “levied” insert “and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 may be exercised”.
In the Traffic Management Act 2004 omit—
section 82(3)(a);
section 83.
In the Landlord and Tenant Act 1709 omit the following—
section 1;
sections 6 to 8.
The Deserted Tenements Act 1817 ceases to have effect.
The Execution Act 1844 ceases to have effect.
Section 38 of the Markets and Fairs Clauses Act 1847 (recovery of stallage, rents or tolls) is amended as follows. The existing words become subsection (1). After “England” insert “(subject to subsection (2))”. After subsection (1) insert— This paragraph extends only to England and Wales.
The Common Law Procedure Act 1852 is amended as follows.
The Law of Distress Amendment Act 1888 ceases to have effect.
Section 26 of the Administration of Estates Act 1925 (rights of action by and against personal representative) is amended as follows. Omit subsection (3). For subsection (4) substitute—
Section 8 of the Rent (Agriculture) Act 1976 ceases to have effect.
Section 12 of the Company Directors Disqualification Act 1986 (failure to pay under county court administration order) is amended as follows. For the title of the section substitute “Disabilities on revocation of administration order”. Omit subsection (1). In subsection (2), for the words from “that section” to “429(2)(b)” substitute “section 429 of the Insolvency Act applies by virtue of an order under subsection (2) of that section”.
Section 29 of the Pensions Act 1995 (persons disqualified for being trustees of a trust scheme) is amended as follows. In subsection (1)(f), for the words from “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order).”
The Police Act 1997 is amended as follows. In section 91 (the Commissioners), in subsection (7)(b), for “section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order)” substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order)”. In paragraph 3 of Schedule 2 (disqualification for being appointed as or being member of a Service Authority), in sub-paragraph (1)(c), for the words from “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or”.
Paragraph 7 of Schedule 4 to the Railways and Transport Safety Act 2003, (eligibility for appointment as member of British Transport Police Authority) is amended as follows. In sub-paragraph (3)(c), for “section 429(2)(b)” substitute “section 429(2)”.
In Schedule 4 (persons employed in social security administration or adjudication), in paragraph 3(b) of Part 2, for “Council on Tribunals or the” substitute “Administrative Justice and Tribunals Council or the Welsh or”.
In section 109(5) (disciplinary powers: meaning of “senior judge”), after paragraph (d) insert—.
In section 151 (recovery of share of expenses) for “levied by distress” substitute “recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods).”
Section 35 (enforcement of liability orders by distress) is amended as follows. In the heading for “distress” substitute “taking control of goods”. In subsection (1) for the words from “levy” to the end substitute “use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.” Omit subsections (2) to (8).
In section 210 (proceedings in ejectment by landlord for non-payment of rent), for “and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due” substitute “and that either of the conditions in section 210A was met in relation to the arrears”.
In Schedule 7 (regulations not requiring prior submission), in paragraphs 9 and 14, for the words from “Council on Tribunals” onwards substitute “Administrative Justice and Tribunals Council is required by paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007.”
In Schedule 7 (protected functions of Lord Chancellor), in Part A (general) of the list in paragraph 4—
omit the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992 (c. 53), and
omit the entry for paragraph 7(4) of Schedule 5 to that Act.
In section 159 (recovery of penalties and forfeitures) for the words from “to levy” to the end substitute “to recover such penalties and forfeitures by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods).”
In section 39A (commitment to prison and disqualification from driving), in subsection (1)(a), for “levy an amount by distress under this Act” substitute “recover an amount by virtue of section 35(1)”.
After that section insert—
In Schedule 12 (the Judicial Appointments Commission), paragraph 2 (members) is amended as follows. In sub-paragraph (2)(d) (one member must be holder of an office listed in Part 3 of Schedule 14), after “listed in Part 3 of Schedule 14” insert “or of an office listed in sub-paragraph (2A)”. The offices referred to in sub-paragraph (2)(d) are—
In section 40 (commitment to prison) for subsection (4)(a)(i) substitute—.
Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended as follows. Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act Section 7(7) of the Tribunals, Courts and Enforcement Act 2007 Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007 Paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007
In section 40B (disqualification from driving: further provision) for subsection (3)(a) substitute—.
Sections 30 to 37
Tribunal Enactment Appeal tribunal Chapter 1 of Part 1 of the Social Security Act 1998 (c. 14) Child Support Commissioner Section 22 of the Child Support Act 1991 (c. 48) The Secretary of State as respects his function of deciding appeals under: Section 41 of the Consumer Credit Act 1974 (c. 39) The Secretary of State as respects his function of deciding appeals under: Section 7(1) of the Estate Agents Act 1979 (c. 38) Foreign Compensation Commission Section 1 of the Foreign Compensation Act 1950 (c. 12) Commissioner for the general purposes of the income tax Section 2 of the Taxes Management Act 1970 (c. 9) Information Tribunal Section 6 of the Data Protection Act 1998 (c. 29) Meat Hygiene Appeals Tribunal Regulation 6 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/539) Meat Hygiene Appeals Tribunal Regulation 6 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/540) Meat Hygiene Appeals Tribunal Regulation 5 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/2148) Mental Health Review Tribunal for a region of England Section 65(1) and (1A)(a) of the Mental Health Act 1983 (c. 20) Reinstatement Committee Paragraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) Reserve forces appeal tribunal Section 88 of the Reserve Forces Act 1996 (c. 14) Sea Fish Licence Tribunal Section 4AA of the Sea Fish (Conservation) Act 1967 (c. 84) Social Security Commissioner Schedule 4 to the Social Security Act 1998 (c. 14) Special Educational Needs and Disability Tribunal Section 333 of the Education Act 1996 (c. 56) Transport Tribunal Schedule 4 to the Transport Act 1985 (c. 67) Umpire or deputy umpire Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 VAT and duties tribunal Schedule 12 to the Value Added Tax Act 1994 (c. 23)
Tribunal Enactment Adjudicator Section 5 of the Criminal Injuries Compensation Act 1995 (c. 53)
Tribunal Enactment Adjudicator to Her Majesty’s Land Registry Section 107 of the Land Registration Act 2002 (c. 9) Charity Tribunal Section 2A of the Charities Act 1993 (c. 10) Consumer Credit Appeals Tribunal Section 40A of the Consumer Credit Act 1974 (c. 39) Financial Services and Markets Tribunal Section 132 of the Financial Services and Markets Act 2000 (c. 8) Gambling Appeals Tribunal Section 140 of the Gambling Act 2005 (c. 19) Immigration Services Tribunal Section 87 of the Immigration and Asylum Act 1999 (c. 33) Lands Tribunal Section 1(1)(b) of the Lands Tribunal Act 1949 (c. 42) Pensions Appeal Tribunal in England and Wales Paragraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39) Pensions Regulator Tribunal Section 102 of the Pensions Act 2004 (c. 35) Commissioner for the special purposes of the Income Tax Acts Section 4 of the Taxes Management Act 1970 (c. 9)
Tribunal Enactment Agricultural Land Tribunal Section 73 of the Agriculture Act 1947 (c. 48) Aircraft and Shipbuilding Industries Arbitration Tribunal Section 42 of the Aircraft and Shipbuilding Industries Act 1977 (c. 3) Antarctic Act Tribunal Regulation 11 of the Antarctic Regulations 1995 (S.I. 1995/490) Appeal tribunal Part 2 of Schedule 9 to the Scheme set out in Schedule 2 to the Firefighters' Pension Scheme Order 1992 (S.I. 1992/129) Asylum Support Adjudicator Section 102 of the Immigration and Asylum Act 1999 Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for England Section 76 of the Local Government Act 2000 (c. 22) Family Health Services Appeal Authority Section 49S of the National Health Service Act 1977 (c. 49) Insolvency Practitioners Tribunal Section 396(1) of the Insolvency Act 1986 (c. 45) Appeals Tribunal Part 3 of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (S.I. 2003/1483) Plant Varieties and Seeds Tribunal Section 42 of the Plant Varieties Act 1997 (c. 66) Tribunal Rule 6 of the model provisions with respect to appeals as applied with modifications by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030) Tribunal Health Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124) Tribunal Section 706 of the Income and Corporation Taxes Act 1988 (c. 1) Tribunal Section 150 of the Mines and Quarries Act 1954 (c. 70) Tribunal Part 1 of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) Tribunal Regulation H6(3) of the Police Pensions Regulations 1987 (S.I. 1987/257) Tribunal Section 9 of the Protection of Children Act 1999 (c. 14)
Tribunal Enactment Employment Appeal Tribunal Section 20 of the Employment Tribunals Act 1996 (c. 17)
Tribunal Enactment Employment tribunal Section 1 of the Employment Tribunals Act 1996
Tribunal Enactment Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for Wales Section 76 of the Local Government Act 2000 (c. 22) Appeals Tribunal Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (S.I. 2001/2281) Mental Health Review Tribunal for Wales Section 65(1) and (1A)(b) of the Mental Health Act 1983 (c. 20) Special Educational Needs Tribunal for Wales Section 336ZA of the Education Act 1996 (c. 56) Tribunal Section 27 of, and Schedule 3 to, the Education Act 2005 (c. 18)
Section 44
The power of a Minister of the Crown, the Welsh Ministers or the Scottish Ministers to make, approve, confirm or concur in procedural rules for any listed tribunal is exercisable only after consultation with the Council. Sub-paragraph (1) does not apply with respect to any procedural rules made or to be made for a listed tribunal by the Tribunal Procedure Committee. The Council must consult the Scottish Committee in relation to the exercise of its function under sub-paragraph (1) with respect to any tribunal having jurisdiction in relation to Scotland. The Council must consult the Welsh Committee in relation to the exercise of its function under sub-paragraph (1) with respect to any tribunal having jurisdiction in relation to Wales.
Section 48(1)
Section 48(2)
The Judicial Pensions and Retirement Act 1993 (c. 8) is amended as follows.
Section 1 (application of Part 1: judicial pensions) is amended as follows. In subsection (1) (persons to whom Part 1 of the 1993 Act applies), after paragraph (d) insertand. In subsection (1), after “but this subsection is subject to the following provisions of this Act” insert “and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal)”. After subsection (4) insert—
In section 9(4) (contribution towards cost of surviving spouse's, surviving civil partner’s and surviving children’s pension), for “or (d) above,” substitute “, (d) or (e) above or in the case of persons to whom this Part applies by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007,”.
In section 12(1) (transfer of accrued benefits under judicial pension schemes in certain cases where person held qualifying judicial office before 31st March 1995)— In the sidenote to section 12, for the words after “Transfer of rights” substitute “under judicial pension schemes”.
After section 12 insert—
In section 23 (which provides that Schedule 2 does not apply to transfers under section 12), after “section 12” insert “or 12A”.
Section 50
Paragraph 2A of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (c. 53) (legally qualified member of Pensions Appeal Tribunals) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “7” substitute “5”.
Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii) is amended as follows. For subsection (1)(b) (tribunal of appeal: Lord Chancellor’s nominee) substitute—. After subsection (3) insert— At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in the section 109(1)(b) substituted by sub-paragraph (2) is to be read as a reference to the Supreme Court.
Paragraph 2A(2) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39) (legally qualified members of Pensions Appeal Tribunals) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “seven” substitute “five”.
In paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (chairman of agricultural land tribunal), for the words from “person” to the end substitute “person who satisfies the judicial-appointment eligibility condition on a 5-year basis.”
Section 2(2) of the Lands Tribunal Act 1949 (c. 42) (President and members of Lands Tribunal) is amended as follows. For paragraph (b) substitute—. In paragraph (c) and in the words after that paragraph, for “7” substitute “5”.
The Courts-Martial (Appeals) Act 1951 (c. 46) is amended as follows. In section 31(1) (Judge Advocate General)— In section 31(2) (Vice Judge Advocate General and assistants)—
In section 12(2) of the City of London (Courts) Act 1964 (c. iv) (Common Serjeant), for the words from “he has a 10 year” to the end substitute “he satisfies the judicial-appointment eligibility condition on a 7-year basis.”
Section 4(2) of the Taxes Management Act 1970 (c. 9) (Special Commissioners) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “10” substitute “7”.
The Courts Act 1971 (c. 23) is amended as follows. In section 16(3) (Circuit judges), for paragraph (a) substitute—. In section 21(2) (recorders), for the words from “he has a 10 year” to the end substitute “he satisfies the judicial-appointment eligibility condition on a 7-year basis.” In section 24(1)(b) (assistant recorders), for the words from “any person who has a 10 year” to the end substitute “any person who satisfies the judicial-appointment eligibility condition on a 7-year basis.”
Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) (tribunal chairmen) is amended as follows. For sub-paragraph (i) substitute—. In sub-paragraphs (ii) and (iii), for “7” substitute “5”.
Paragraph 3(2) of Schedule A1 to the Consumer Credit Act 1974 (c. 39)(the panel of chairmen of the Consumer Credit Appeals Tribunal) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “seven” substitute “five”.
Paragraph 4(1)(a) of Schedule 3 to the Industry Act 1975 (c. 68) (presidents of arbitration tribunals) is amended as follows. For sub-paragraph (i) substitute—. In sub-paragraph (ii), for “7” substitute “5”.
The Supreme Court Act 1981 (c. 54) is amended as follows. In section 10(3) (Lord Justice of Appeal and puisne judge of High Court), in paragraphs (b) and (c), for sub-paragraph (i) substitute—. For Schedule 2 (eligibility for appointment to certain offices) substitute— Master of the Court of Protection A person who satisfies the judicial-appointment eligibility condition on a 5-year basis. At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the references to the Senior Courts in the Schedule substituted by sub-paragraph (3) of this paragraph are to be read as references to the Supreme Court.
In section 130(2) of the Representation of the People Act 1983 (c. 2) (election court), for paragraph (a) substitute—.
In section 9 of the County Courts Act 1984 (c. 28) (district judges and deputy district judges), for the words from “he has” to the end substitute “he satisfies the judicial-appointment eligibility condition on a 5-year basis.”
Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) (umpires and deputy umpires) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “10” substitute “7”.
Paragraph 2 of Schedule 4 to the Transport Act 1985 (c. 67) is amended as follows. In sub-paragraph (2) (president of Transport Tribunal)— In sub-paragraph (2A) (chairmen)—
Section 12(5) of the Animals (Scientific Procedures) Act 1986 (c. 14) (person appointed to receive representations) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “7” substitute “5”.
Paragraph 1(1)(a) of Schedule 7 to the Insolvency Act 1986 (c. 45) (members of Insolvency Practitioners Tribunal) is amended as follows. For sub-paragraph (i) substitute—. In sub-paragraph (ii), for “7” substitute “5”.
Section 145(3) of the Copyright, Designs and Patents Act 1988 (c. 48) (chairman and deputy chairman of Copyright tribunal) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “7” substitute “5”.
In section 41 of the Courts and Legal Services Act 1990 (c. 41) (Conveyancing Appeal Tribunals), for subsection (7) substitute—
The Child Support Act 1991 (c. 48) is amended as follows. In section 22(2) (Child Support Commissioners)— In section 23(2) (Child Support Commissioners for Northern Ireland), for “10” substitute “7”. In paragraph 4(2)(a) of Schedule 4 (Deputy Child Support Commissioners)— In paragraph 8(d)(i) of Schedule 4 (Deputy Child Support Commissioners for Northern Ireland), in the substituted paragraph 4(2)(a), for “10” substitute “7”.
In Schedule 1B to the Charities Act 1993 (c. 10) (which is inserted by Schedule 3 to the Charities Act 2006 (c. 50)), in paragraph 1(3) (President or legal member of Charity Tribunal), for the words from “he has” to the end substitute “he satisfies the judicial-appointment eligibility condition on a 5-year basis.”
Schedule 12 to the Value Added Tax Act 1994 (c. 23) is amended as follows. In paragraph 2(2) (President of VAT and duties tribunals)— In paragraph 7(4) (panel of chairmen)—
Section 77(2) of the Trade Marks Act 1994 (c. 26) (persons appointed to decide appeals from registrar) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “7” substitute “5”.
Sections 96(7) and 264(6) of the Merchant Shipping Act 1995 (c. 21) (arbitrators) are amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “10” substitute “7”.
In paragraph 1(1)(a) of Schedule 6 to the Police Act 1996 (c. 16) (legally qualified member of Police Appeals Tribunals), for the words from “have a seven” to “1990” substitute “satisfy the judicial-appointment eligibility condition on a 5-year basis”.
In section 334(1) of the Education Act 1996 (c. 56) (President and members of chairmen’s panel of Special Educational Needs and Disability Tribunal), for the words from “has” to the end substitute “satisfies the judicial-appointment eligibility condition on a 5-year basis.”
The Social Security Act 1998 (c. 14) is amended as follows. In section 5(2) (President of appeal tribunals)— In section 7(2) (constitution of appeal tribunals), for paragraph (a) substitute—. In section 7, after subsection (6) insert— In section 80 (parliamentary control of regulations), after subsection (3) insert— In paragraph 1(1) of Schedule 4 (Social Security Commissioners), for the words from “have” to “standing” substitute “satisfy the judicial-appointment eligibility condition on a 7-year basis or advocates or solicitors in Scotland of at least 7 years' standing”. In paragraph 1(2) of that Schedule (deputy Commissioners)— At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in the section 7(2)(a) substituted by sub-paragraph (3) is to be read as a reference to the Supreme Court.
Section 6(5) of the Data Protection Act 1998 (c. 29) (chairman and deputy chairmen of Information Tribunal) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “7” substitute “5”.
In paragraph 2(2) of the Schedule to the Protection of Children Act 1999 (c. 14) (President and members of chairmen’s panel of Tribunal), for the words from “has” to the end substitute “satisfies the judicial-appointment eligibility condition on a 5-year basis.”
Paragraph 11 of Schedule 7 to the Immigration and Asylum Act 1999 (c. 33) (President and other members of Immigration Services Tribunal) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “7” substitute “5”.
Paragraph 1(1) of Schedule 3 to the Regulation of Investigatory Powers Act 2000 (c. 23) (members of tribunal) is amended as follows. For paragraph (b) substitute—. In paragraphs (c) and (d), for “ten” substitute “seven”.
Schedule 13 to the Financial Services and Markets Act 2000 (c. 8) is amended as follows. In paragraph 2(5) (President of Financial Services and Markets Tribunal)— In paragraph 3(2) (panel of chairmen)—
The Land Registration Act 2002 (c. 9) is amended as follows. In section 107(2) (Adjudicator to Her Majesty’s Land Registry), for the words from “have” to the end substitute “satisfy the judicial-appointment eligibility condition on a 7-year basis.” In paragraph 4(2) of Schedule 9 (delegation by adjudicator of non-administrative functions to staff), for the words from “has” to the end substitute “satisfies the judicial-appointment eligibility condition on a 7-year basis.”
Paragraph 1 of Schedule 2 to the Enterprise Act 2002 (c. 40) is amended as follows. In sub-paragraph (1) (President of Competition Appeal Tribunal)— In sub-paragraph (2) (chairmen)—
Paragraph 2(1) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (members of Asylum and Immigration Tribunal) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “seven” substitute “5”.
The Courts Act 2003 (c. 39) is amended as follows. In section 22(1) (District Judges (Magistrates' Courts)), for “has a 7 year general qualification” substitute “satisfies the judicial-appointment eligibility condition on a 5-year basis”. In section 24(1) (Deputy District Judges (Magistrates' Courts)), for “has a 7 year general qualification” substitute “satisfies the judicial-appointment eligibility condition on a 5-year basis”.
In section 81(2)(a) of the Traffic Management Act 2004 (c. 18) (adjudicators), for the words from “have” to the end substitute “satisfy the judicial-appointment eligibility condition on a 5-year basis;”.
Schedule 4 to the Pensions Act 2004 (c. 35) is amended as follows. In paragraph 1(2) (panel of chairmen of Pensions Regulator Tribunal)— In paragraph 2(5) (President or Deputy President)—
Section 25 of the Constitutional Reform Act 2005 (c. 4) (judges of the Supreme Court) is amended as follows. In subsection (1), for paragraph (b) and the word “or” immediately preceding it substitute— In subsection (2), omit paragraph (a).
In paragraph 1(2) of Schedule 3 to the Education Act 2005 (c. 18) (Chairman of tribunal hearing appeals under section 27 of that Act), for the words from “have a” to the end substitute “satisfy the judicial-appointment eligibility condition on a 5-year basis.”
Paragraph 2 of Schedule 8 to the Gambling Act 2005 (c. 19) (President and members of Gambling Appeals Tribunal) is amended as follows. For paragraph (a) substitute—. In paragraphs (b) and (c), for “seven” substitute “5”.
Schedule 13 to the National Health Service Act 2006 (c. 41) is amended as follows. For paragraph 3 (President and Deputy President of Family Health Services Appeal Authority) substitute— In paragraph 6(2)(a) (other members), for “with a 7 year general qualification (construed as in paragraph 3)” substitute “who satisfy the judicial-appointment eligibility condition on a 5-year basis”. In paragraph 9 (composition of panels), for the words from “must” to the end substitute “must satisfy the judicial-appointment eligibility condition on a 5-year basis.”
This Part of this Schedule contains amendments of enactments that have already been repealed by provisions of other Acts. In each case—
In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (Lords of Appeal in Ordinary)— In relation to the enactment referred to in sub-paragraph (1), the repealing provision is paragraph 9 of Schedule 17 to the Constitutional Reform Act 2005 (c. 4).
In section 28(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (Judge Advocate of Her Majesty’s Fleet)— In section 84B(2) of each of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) and the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (judge advocates), for paragraph (a) substitute—. In section 103B(5) of each of those Acts (qualified officers in field general courts-martial), for paragraph (a) substitute—. In section 53B(2) of the Naval Discipline Act 1957 (c. 53) (judge advocates), for paragraph (a) substitute—. In relation to the enactments referred to in sub-paragraphs (1) to (4), the repealing provision is Schedule 17 to the Armed Forces Act 2006 (c. 52).
In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2) (chairman of Levy Appeal Tribunal)— In relation to the enactment referred to in sub-paragraph (1), the repealing provision is section 356(3)(f) of the Gambling Act 2005 (c. 19).
In section 17(1)(a) of the Commons Registration Act 1965 (c. 64) (Commons Commissioners), for the words from “persons” to “1990,” substitute “persons who satisfy the judicial-appointment eligibility condition on a 5-year basis”. In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 6 to the Commons Act 2006 (c. 26).
In section 73(4) of the Road Traffic Act 1991 (c. 40) (parking adjudicator), for the words from “have” to the end substitute “satisfy the judicial-appointment eligibility condition on a 5-year basis.” In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 12 to the Traffic Management Act 2004 (c. 18).
Section 56
Section 62(1)
the Court of Session, in Scotland,
In this Schedule “enforcement agent” means an individual authorised by section 63(2) to act as an enforcement agent. Only an enforcement agent may take control of goods and sell them under an enforcement power. An enforcement agent, if he is not the person on whom an enforcement power is conferred, may act under the power only if authorised by that person. In relation to goods taken control of by an enforcement agent under an enforcement power, references to the enforcement agent are references to any person for the time being acting as an enforcement agent under the power.
Regulations may make provision about the place of sale of controlled goods. They may prescribe circumstances in which the sale may be held on premises where goods were found by the enforcement agent. Except where the regulations provide otherwise, the sale may not be held on those premises without the consent of the occupier. Paragraphs 44 to 46 apply if the sale may be held on those premises.
A purchaser of controlled goods acquires good title, with two exceptions. The exceptions apply only if the goods are not the debtor’s at the time of sale. The first exception is where the purchaser, the creditor, the enforcement agent or a related party has notice that the goods are not the debtor's. The second exception is where a lawful claimant has already made an application to the court claiming an interest in the goods. A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power. A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent. “The court” has the same meaning as in paragraph 60.
The enforcement agent and any person permitted by him— This paragraph authorises repeated entry to the premises. If necessary the enforcement agent may use reasonable force to enable the sale to be conducted and any person to enter under this paragraph.
The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of— The request may be made before the enforcement agent enters the premises or while he is there.
The enforcement agent must leave the premises as effectively secured as he finds them.
Section 62(3)
Section 86
Section 91
Section 106
Section 108(1)
Section 108(2)
Section 108(2)
Section 108(3)
The Insolvency Act 1986 (c. 45) is amended as follows.
In section 31 (disqualification of bankrupt) in subsection (1)— In the heading to that section after “bankrupt” insert “or person in respect of whom a debt relief order is made”.
After section 274 insert—
In section 384(2) (meaning of prescribed amount)—
at the beginning of the list of provisions insert “section 251S(4);”;
in the list omit “and” after “section 361(2);” and
at the end of the list insert “paragraphs 6 to 8 of Schedule 4ZA,”.
Section 385(1) (definitions) is amended as follows. In the definition of “the debtor”, before paragraph (a) insert—. “debt relief order” means an order made by the official receiver under Part 7A;
Section 390 (persons not qualified to act as insolvency practitioners) is amended as follows. In subsection (4) after paragraph (a) insert—. In subsection (5) after “order” insert “or a debt relief restrictions order”.
Section 399 (appointment etc of official receivers) is amended as follows. In subsection (1) for “or individual voluntary arrangement” (in both places) substitute “, individual voluntary arrangement, debt relief order or application for such an order”. In subsection (4) for “or individual voluntary arrangement” substitute “, individual voluntary arrangement, debt relief order or application for such an order”.
In section 412(1) (individual insolvency rules) for “Parts VIII to XI” substitute “Parts 7A to 11”.
Section 415 (fees orders) is amended as follows. In subsection (1) before paragraph (a) insert—. In that subsection in paragraph (a) for “Parts VIII to XI” substitute “Parts 7A to 11”.
In section 415A (fees orders: general), before subsection (1) insert—
In section 418(1) (monetary limits)—
section 251S(4) (maximum amount of credit which a person in respect of whom a debt relief order is made may obtain without disclosure of his status);
paragraphs 6 to 8 of Schedule 4ZA (maximum amount of a person’s debts, monthly surplus income and property for purposes of obtaining a debt relief order);
Section 426A (disqualification from Parliament) is amended as follows. In subsection (1) after “bankruptcy restrictions order” insert “or a debt relief restrictions order”. In subsection (5) after “interim order” insert “, or a debt relief restrictions order or an interim debt relief restrictions order,”. In subsection (6) after “bankruptcy restrictions undertaking” insert “or a debt relief restrictions undertaking”.
Section 426B (devolution) is amended as follows. In subsection (1) after “Wales,” insert “or makes a debt relief restrictions order or interim debt relief restrictions order in respect of such a member,”. In subsection (2) after “bankruptcy restrictions undertaking” insert “or a debt relief restrictions undertaking”.
Schedule 9 is amended as follows. In paragraph 1 for “Parts VIII to XI” substitute “Parts 7A to 11”. In paragraph 5 for “Parts VIII to XI” substitute “Parts 7A to 11”. In paragraph 6 for “Parts VIII to XI” substitute “Parts 7A to 11”. After paragraph 7 insert—
The Table in Schedule 10 (punishment of offences) is amended as follows. In the entry relating to section 31, in the column describing the general nature of the offence, after “bankrupt” insert “or person in respect of whom a debt relief order is made”. 251O(1) False representations or omissions in making an application for a debt relief order. 1. On indictment 7 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251O(2)(a) Failing to comply with duty in connection with an application for a debt relief order. 1. On indictment 2 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251O(2)(b) False representations or omissions in connection with duty in relation to an application for a debt relief order. 1. On indictment 7 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251O(4)(a) Failing to comply with duty in connection with a debt relief order. 1. On indictment 2 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251O(4)(b) False representations or omissions in connection with a duty in relation to a debt relief order. 1. On indictment 7 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251P(1) Failing to deliver books, records and papers to official receiver, concealing or destroying them or making false entries in them by person in respect of whom a debt relief order is made. 1. On indictment 7 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251P(2) Person in respect of whom debt relief order is made doing anything falling within paragraphs (c) to (e) of section 251P(1) during the period of 12 months ending with the application date or doing anything falling within paragraphs (b) to (e) of section 251P(1) after that date but before the effective date. 1. On indictment 7 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251Q(1) Fraudulent disposal of property by person in respect of whom a debt relief order is made. 1. On indictment 2 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251R(1) Disposal of property that is not paid for by person in respect of whom a debt relief order is made. 1. On indictment 7 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251R(2) Obtaining property in respect of which money is owed by a person in respect of whom a debt relief order is made. 1. On indictment 7 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. 251S(1) Person in respect of whom a debt relief order is made obtaining credit or engaging in business without disclosing his status or name. 1. On indictment 2 years or a fine, or both. 2. Summary 12 months or the statutory maximum, or both. In the application of those entries in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (limit on magistrates' court powers to impose imprisonment), the references in the fourth column to “12 months” are to be read as references to “6 months”.
Section 11(1) of the Company Directors Disqualification Act 1986 (c. 46) (undischarged bankrupts) (as substituted in relation to England and Wales by the Enterprise Act 2002 (c. 40)) is amended as follows. At the end of paragraph (a) (before “or”) insert—. In paragraph (b) after “bankruptcy restrictions order” insert “or a debt relief restrictions order”.
In section 183(2) of the Employment Rights Act 1996 (c. 18) (insolvency of an employer who is individual), in paragraph (a) before sub-paragraph (i) insert—.
Sections 111 and 113
The first column of this table lists the matters referred to in sections 111(3) and 113(5).
A matter listed in the first column includes the aspects set out in the appropriate part of the second column. Matter about which particular provision may be made: Including these aspects: 1. The scheme operator. The constitution of the scheme operator. The governance of the scheme operator. The size of the scheme operator’s undertaking. The financial standing of the scheme operator. Whether or not a scheme operator is a profit-making organisation. 2. The terms of a debt management scheme. The non-business debtors to whom the scheme is open. The kinds of debts which may be specified in a plan arranged in accordance with the scheme. 3. The operation of a debt management scheme. How decisions are made about whether debt repayment plans are to be arranged. How debt repayment plans are arranged. How decisions are made about the terms of debt repayment plans, including decisions about— what payments will be required in relation to the specified debts; the amounts, times and recipients of payments; the duration of the plan. The format of debt repayment plans. When debt repayment plans begin to have effect. How changes are to be made to debt repayment plans (including the specification of debts after a plan has been arranged). How decisions are made about whether debt repayment plans are to be terminated. How debt repayment plans are terminated. 4. Changes that affect the scheme operator. 5. Changes to— the terms of a debt management scheme; the operation of a debt management scheme. Whether changes may be made. How changes are made. 6. The transfer of the operation of a debt management scheme to another body. Whether the operation of the scheme may be transferred. How the operation of the scheme is transferred.
Section 139
Section 146
Reference Extent of repeal or revocation Taxes Management Act 1970 (c. 9) Sections 2 to 3A. In section 5(1), the words “General Commissioner or”. In section 6— in subsection (1), the words “a General Commissioner or” and the words “, or before a General Commissioner”, and subsection (2). In section 56(3), the words “the clerk to”. Section 115(4). Superannuation Act 1972 (c. 11) In Schedule 6, paragraph 77. Finance Act 1972 (c. 41) Section 130. Consumer Credit Act 1974 (c. 39) In Schedule A1, paragraph 11. House of Commons Disqualification Act 1975 (c. 24) In Schedule 1, in Part 2— the entry relating to the Council on Tribunals, and the entry relating to the Scottish Committee of the Council on Tribunals. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Schedule 1, in Part 2— the entry relating to the Council on Tribunals, and the entry relating to the Scottish Committee of the Council on Tribunals. Race Relations Act 1976 (c. 74) In Schedule 1A, in Part 2, the entry relating to the Council on Tribunals. Estate Agents Act 1979 (c. 38) Section 24(2). Finance Act 1988 (c. 39) Section 134(1). Food Safety Act 1990 (c. 16) In section 26(2)— in paragraph (e), the words “or to a tribunal constituted in accordance with the regulations,” and paragraph (f). Section 37(2)(a). Section 47. Finance (No. 2) Act 1992 (c. 48) In section 75(1), paragraph (a). In Schedule 16, paragraph 2. Tribunals and Inquiries Act 1992 (c. 53) Sections 1 to 5, 6(1) to (3), (6) and (7) and 8. In section 13— subsection (2), and in subsection (5)(c), the words “the reference in section 8(1) to the Foreign Compensation Commission and”. Section 14(1A). In section 16(1), in the definition of “decision”, “procedural rules” and “working”, the words “, “procedural rules” and “working””. In Schedule 1, paragraph 19. Judicial Pensions and Retirement Act 1993 (c. 8) In section 1(1), the word “and” at the end of paragraph (c). Section 12(1)(b). Employment Tribunals Act 1996 (c. 17) Section 26. In section 27(1)— in paragraph (b), the word “and” at the end, paragraph (c), and the words after “persons within paragraph (a) or (b)”. Social Security Act 1998 (c. 14) In Schedule 7, in paragraph 118(1), “subsection (3) of” and the words after “1992”. Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2) In Schedule 7, paragraph 1. Access to Justice Act 1999 (c. 22) Sections 101 to 103. Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) In Schedule 6, in paragraph 1, the words “section 2(1) (appointment of General Commissioners),”. Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 1999 (S.I. 1999/1747) Schedule 9. Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750) In Schedule 1, the entry in respect of sections 2(3), 2(6) and 3(4) of the Taxes Management Act 1970. Freedom of Information Act 2000 (c. 36) In Schedule 1, in Part 6, the entry relating to the Council on Tribunals and the entry relating to the Scottish Committee of the Council on Tribunals. Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649) Article 335(3). Justice (Northern Ireland) Act 2002 (c. 26) In each of Schedules 1 and 6, the entry relating to the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland. Nationality, Immigration and Asylum Act 2002 (c. 41) In Schedule 4, paragraphs 9 and 10(b) and (c). Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823) Article 14. Constitutional Reform Act 2005 (c. 4) In Schedule 4, paragraph 64. In Schedule 5, in the amendment made by paragraph 122(5), and in the amendment made by paragraph 126(5), the entry relating to the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland. In Schedule 7, in Part A of the list in paragraph 4— the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992, and the entry for paragraph 7(4) of Schedule 5 to that Act. In Schedule 12, in paragraph 4(4)(a), the words “or no other except that of General Commissioner,”. In Schedule 14, in Part 2, the entry relating to General Commissioner for a division in England and Wales. In Schedule 14, in Part 3, the entry relating to members of panels appointed under section 6(1) of the Tribunals and Inquiries Act 1992. Tribunals, Courts and Enforcement Act 2007 (c. 15) In section 36(3)(a), the words “or 41(2)”. In Schedule 8, paragraph 26.
Reference Extent of repeal Courts and Legal Services Act 1990 (c. 41) In Schedule 10— paragraph 4, in paragraph 6(1), the words “paragraph 13(1) of” and the words after “1947”, and paragraphs 24, 26, 32, 49, 50(2)(b) and 57. Judicial Pensions and Retirement Act 1993 (c. 8) In Schedule 5— in the entry for a deputy district judge appointed under section 102 of the Supreme Court Act 1981, the words “for a district registry”, and in the entry for a deputy district judge appointed under section 8 of the County Courts Act 1984, the words “for a county court district”. Child Support Act 1991 (c. 48) In section 54, the definition of “general qualification”. Social Security Act 1998 (c. 14) In Schedule 4, paragraph 1(3). Enterprise Act 2002 (c. 40) In Schedule 2, paragraph 1(4). Constitutional Reform Act 2005 (c. 4) Section 25(2)(a). In Schedule 3, paragraph 2(3). In Schedule 14, in Part 2— in the entry relating to a deputy district judge in a district registry of the High Court, the words “in a district registry of the High Court”, and in the entry relating to a deputy district judge for a county court district, the words “for a county court district”. In Schedule 14, in Part 3, the entries relating to— Member of the Special Immigration Appeals Commission; Chairman of the Special Immigration Appeals Commission; Member of the Proscribed Organisations Appeal Commission; Chairman of the Proscribed Organisations Appeal Commission; Member of the Pathogens Access Appeal Commission; and Chairman of the Pathogens Access Appeal Commission.
Reference Extent of repeal Inclosure Act 1773 (c. 81) In section 4, the words from “rendering” to the end. In section 16, the words from “rendering” to the end. Sale of Farming Stock Act 1816 (c. 50) The whole Act. Judgments Act 1838 (c. 110) Section 12. Compulsory Purchase Act 1965 (c. 56) Section 13(5). Section 29. Sea Fisheries Act 1968 (c. 77) In section 12(3), the words from “as they apply” to the end. Criminal Justice Act 1972 (c. 71) In section 66(2), the words from ““sentence of imprisonment”” to the end. Magistrates' Courts Act 1980 (c. 43) In section 125(2), the words from “This subsection” to the end. Section 125D(3)(c). Section 151. In Schedule 4A, paragraph 3. British Fishing Boats Act 1983 (c. 8) In section 5(3), the words from “as they apply” to the end. County Courts Act 1984 (c. 28) Section 85(3). Section 87(2). Sections 89 to 91. Sections 93 to 100. Sections 102 and 103. Section 123. In section 126— in subsection (3) the words from “but” to the end; in subsection (4) ““bailiff””. In section 147(1) the definition of “bailiff”. Finance Act 1984 (c. 43) Section 16. Local Government Finance Act 1988 (c. 41) In Schedule 9, paragraph 3(2)(b). Child Support Act 1991 (c. 48) Section 35(2) to (8). Social Security Administration Act 1992 (c. 5) Section 121A(2) to (8) and (10). Local Government Finance Act 1992 (c. 14) In Schedule 4— paragraph 7; in paragraph 8(1)(a) the words from “an authority” to “paragraph 7 above”; paragraph 12(1)(c); paragraph 19(3). Finance Act 1997 (c. 16) Section 51(7). Courts Act 2003 (c. 39) In Schedule 7, paragraph 8(5). Traffic Management Act 2004 (c. 18) Section 82(3)(a). Section 83.
Reference Extent of repeal Distress for Rent Act 1689 (c. 5) The whole Act. Landlord and Tenant Act 1709 (c. 18) Section 1. Sections 6 to 8. Landlord and Tenant Act 1730 (c. 28) Section 5. Distress for Rent Act 1737 (c. 19) Sections 1 to 10. Sections 16 and 17. Section 19. Deserted Tenements Act 1817 (c. 52) The whole Act. Metropolitan Police Courts Act 1840 (c. 84) The whole Act. Execution Act 1844 (c. 96) The whole Act. Lands Clauses Consolidation Act 1845 (c. 18) In section 11 the words from “or it shall be lawful” to the end. Sequestration Act 1849 (c. 67) In section 1 the words “levy” and “distress” in the second place where each occurs, and “levied”. Landlord and Tenant Act 1851 (c. 25) The whole Act. Railway Rolling Stock Protection Act 1872 (c. 50) The whole Act. Law of Distress Amendment Act 1888 (c. 21) The whole Act. Law of Distress Amendment Act 1908 (c. 53) The whole Act. Law of Property Act 1925 (c. 20) Section 121(2). Section 162(1)(a). Section 189(1). In section 190— subsection (2); in subsection (7), “owner or”. Administration of Estates Act 1925 (c. 23) Section 26(3). Rent (Agriculture) Act 1976 (c. 80) Section 8. Rent Act 1977 (c. 42) Section 147. Limitation Act 1980 (c. 58) In section 38, “rentcharges and” and “rent or”. County Courts Act 1984 (c. 28) Section 116. Agricultural Holdings Act 1986 (c. 5) Sections 16 to 19. In section 24, “, by distress or otherwise,”. Insolvency Act 1986 (c. 45) Section 347(6), (7) and (11). Housing Act 1988 (c. 50) Section 19. Water Industry Act 1991 (c. 56) In section 179(4)(b), “or to the landlord’s remedy for rent”. Constitutional Reform Act 2005 (c. 4) In Schedule 7, in the table in paragraph 4, the entry for the Law of Distress Amendment Act 1888.
Reference Extent of repeal Company Directors Disqualification Act 1986 (c. 46) Section 12(1). Courts and Legal Services Act 1990 (c. 41) Section 13.
Reference Extent of repeal Registered Designs Act 1949 (c. 88) Section 28. In section 37(3), the words “or on the Appeal Tribunal” and the words from “and the Statutory Instruments Act 1946 shall apply” to the end. In section 44(1), the definition of “Appeal Tribunal”. Administration of Justice Act 1969 (c. 58) Section 24. In Schedule 1, the entry in respect of the Registered Designs Act 1949. Administration of Justice Act 1970 (c. 31) Section 10. Patents Act 1977 (c. 37) In Schedule 5, paragraph 5. Copyright, Designs and Patents Act 1988 (c. 48) Section 249(2). In Schedule 3, paragraph 17. Constitutional Reform Act 2005 (c. 4) In Schedule 4, paragraphs 37 and 66.
The Lord Chancellor may pay to the Senior President of Tribunals such amounts (if any) as the Lord Chancellor may determine by way of—
remuneration;
allowances;
expenses.
A Chamber President is to hold and vacate office as a Chamber President in accordance with the terms of his appointment as a Chamber President (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)). The Lord Chancellor may pay to a Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—
If in the case of a particular chamber of the First-tier Tribunal or Upper Tribunal there is no-one appointed under section 7 to preside over the chamber, the Senior President of Tribunals may appoint a person to preside over the chamber during the vacancy. A person appointed under sub-paragraph (1) is to be known as an Acting Chamber President. A person who is the Acting Chamber President of a chamber is to be treated as the Chamber President of the chamber for all purposes other than— A person is eligible for appointment under sub-paragraph (1) only if he is eligible for appointment as a Chamber President. An Acting Chamber President is to hold and vacate office as an Acting Chamber President in accordance with the terms of his appointment. The Lord Chancellor may pay to an Acting Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—
Each person who is a judge or other member of the First-tier Tribunal by virtue of appointment under paragraph 1(1) or 2(1) of Schedule 2 or who is a transferred-in judge, or transferred-in other member, of the First-tier Tribunal— A judge or other member of the First-tier Tribunal to whom sub-paragraph (1) does not apply— The Senior President of Tribunals may assign a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence— The Senior President of Tribunals may end the assignment of a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence of the Chamber President of the chamber. Sub-paragraph (3)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the First-tier Tribunal. Sub-paragraphs (3)(a) and (4) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts). Sub-paragraphs (3) and (4) do not apply where the judge concerned is the Senior President of Tribunals himself.
The First-tier Tribunal’s function, or the Upper Tribunal’s function, of deciding any matter in a case before the tribunal is to be exercised by a member or members of the chamber of the tribunal to which the case is allocated. The member or members must be chosen by the Senior President of Tribunals. A person choosing under sub-paragraph (2)— In this paragraph “member”, in relation to a chamber of a tribunal, means a judge or other member of the tribunal who is assigned to the chamber.
Rules may make provision as to who is to decide, or as to how to decide, which of the First-tier Tribunal and Upper Tribunal is to exercise, in relation to any particular matter, a function that is exercisable by the two tribunals on the basis that the question as to which of them is to exercise the function is to be determined by, or under, Rules.
Rules may make provision restricting the making of fresh applications where a previous application in relation to the same matter has been made.
Rules may make provision for proceedings to take place, in circumstances described in Rules, at the request of one party even though the other, or another, party has had no notice.
Rules may make provision for the disclosure or non-disclosure of information received during the course of proceedings before the First-tier Tribunal or Upper Tribunal. Rules may make provision for imposing reporting restrictions in circumstances described in Rules.
Rules may provide for Part 1 of the Arbitration Act 1996 (c. 23) (which extends to England and Wales, and Northern Ireland, but not Scotland) not to apply, or not to apply except so far as is specified in Rules, where the First-tier Tribunal, or Upper Tribunal, acts as arbitrator.
Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions under section 23.
The Lord Chief Justice of England and Wales must appoint— Before making an appointment under sub-paragraph (1), the Lord Chief Justice of England and Wales must consult the Lord Chancellor.
The Lord Chancellor may by order— The making of an order under this paragraph—
Before the Committee makes Rules, the Committee must— Rules made by the Committee must be— The Lord Chancellor may allow or disallow Rules so made. If the Lord Chancellor disallows Rules so made, he must give the Committee written reasons for doing so. Rules so made and allowed— A statutory instrument containing Rules made by the Committee is subject to annulment in pursuance of a resolution of either House of Parliament. In the case of a member of the Committee appointed under paragraph 24, the terms of his appointment may (in particular) provide that, for the purposes of sub-paragraph (2)(a), he is to count as a member of the Committee only in relation to matters specified in those terms.
The following provisions of this Schedule are to be taken not to prejudice the generality of sections 31(9) and 145(1).
Paragraphs 5 to 8 apply where a person holds a relevant judicial office.
Sub-paragraph (2) applies where— The person’s personal retirement date under this paragraph is the last day of the 12 months beginning with the day after the relevant day. For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.
In this paragraph “opt-in election” means an election under paragraph 11(3). An opt-in election may be made only in such circumstances, within such time and in such manner as the Lord Chancellor may by regulations prescribe. An opt-in election is irrevocable. Regulations under sub-paragraph (2) may permit the making of an opt-in election even though the person in respect of whom the opt-in election is made— Where regulations under sub-paragraph (2) permit the making of an opt-in election in respect of a person who has died, the right to make that election is exercisable by the person’s personal representatives. The Lord Chancellor may by regulations provide for a person in respect of whom an opt-in election is made to be treated for such purposes as may be prescribed by the regulations as if the person had, at such times as may be prescribed by the regulations, been a person to whom Part 1 of the 1993 Act applies. An opt-in election may not be made in respect of a person at any time when an election made under section 13 of the 1993 Act (election to opt out of Part 1 of the 1993 Act) is in force in respect of the person.
An assignment or transfer of any interest of the debtor’s in goods while the property in them is bound for the purposes of an enforcement power— Sub-paragraph (1) does not prejudice the title to any of the debtor’s goods that a person acquires— For the purposes of sub-paragraph (2)(a), a thing is to be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not). In sub-paragraph (2)(c) “notice” means— In sub-paragraph (4)(a) “endorse” in relation to a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, means endorse under that section.
An enforcement agent may not take control of goods after the prescribed period. The period may be prescribed by reference to the date of notice of enforcement or of any writ or warrant conferring the enforcement power or any other date. Regulations may provide for the period to be extended or further extended by the court in accordance with the regulations.
To take control of goods an enforcement agent must do one of the following— Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care. Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision— A controlled goods agreement is an agreement under which the debtor—
This paragraph applies where goods on any premises have been taken control of and have not been removed by the enforcement agent. The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale. This paragraph authorises repeated entry to the same premises.
If an enforcement agent takes control of goods he must provide the debtor with an inventory of them as soon as reasonably practicable. But if there are co-owners of any of the goods, the enforcement agent must instead provide the debtor as soon as reasonably practicable with separate inventories of goods owned by the debtor and each co-owner and an inventory of the goods without a co-owner. The enforcement agent must as soon as reasonably practicable provide the co-owner of any of the goods with— Regulations must state—
An enforcement agent must sell or dispose of controlled goods for the best price that can reasonably be obtained in accordance with this Schedule. That does not apply to money that can be used for paying any of the outstanding amount, unless the best price is more than its value if used in that way.
Proceeds from the exercise of an enforcement power must be used to pay the amount outstanding. Proceeds are any of these— The amount outstanding is the sum of these— If the proceeds are less than the amount outstanding, which amounts in sub-paragraph (3)(a) and (b) must be paid, and how much of any amount, is to be determined in accordance with regulations. If the proceeds are more than the amount outstanding, the surplus must be paid to the debtor. If there is a co-owner of any of the goods, the enforcement agent must— Regulations may make provision for resolving disputes about what share is due under sub-paragraph (6)(a).
In this Act references to making a distress include references to using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover a sum.
In section 91 of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands) for “levied by distress” substitute “recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),”. This paragraph extends only to England and Wales.
In section 149 of the Customs and Excise Management Act 1979 (non-payment of penalties etc: maximum terms of imprisonment) after subsection (1) insert—
In section 5 of the British Fishing Boats Act 1983 (recovery of fines), in subsection (3)—
for “warrants of distress)” substitute “warrants), as they apply to warrants of the kinds mentioned there,”;
omit the words from “as they apply” to the end.
In paragraph 29 of Schedule 2B to the Gas Act 1986 (gas meters and fittings not to be subject to distress) in sub-paragraph (1)(a) after “liable” insert “to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or”.
The Local Government Finance Act 1988 is amended as follows.
Paragraph 3 of Schedule 1 to the New Roads and Street Works Act 1991 (recovery of property taken in distress etc.) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)—
In Schedule 15 to the Water Resources Act 1991 (supplemental provisions with respect to drainage charges), in paragraph 12(2)(b) for “warrant of distress” substitute “warrant of control”.
Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) is amended as follows.
In section 64 of the Improvement of Land Act 1864 (interest on arrears of rentcharges), for the words from “a sufficient distress” to “charges of such distress” substitute “goods that would be sufficient to pay the amount outstanding under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”. This paragraph extends only to England and Wales.
The Law of Distress Amendment Act 1908 ceases to have effect.
In section 15 of the Leasehold Reform Act 1967 (terms of tenancy to be granted on extension), in subsection (3) for “distress, re-entry or otherwise” substitute “re-entry or otherwise (subject to section 85 of the Tribunals, Courts and Enforcement Act 2007)”.
The Rent Act 1977 is amended as follows
This Schedule amends the Attachment of Earnings Act 1971 (c. 32).
After section 9(1) (power of court to vary order) insert—
After Schedule 3 insert—
After section 62 insert—
Paragraph 19E is amended as follows. In sub-paragraph (5) for “by execution issued from that court” substitute “under section 85 of the County Courts Act 1984”. In sub-paragraph (6) for the words from the beginning to “carried out” substitute “Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (5), the power conferred by the warrant is exercisable”.
In section 141(5) (county court jurisdiction) (until its repeal by the Courts and Legal Services Act 1990 (c. 41) comes into force) for “sections 147 and” substitute “section”.
Schedule 9 (non-domestic rating: administration) is amended as follows. In paragraph 1 for “recovery” substitute “the recovery, otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),”. In paragraph 3—
Paragraph 28 is amended as follows. In sub-paragraph (6) for “by execution issued from that court” substitute “under section 85 of the County Courts Act 1984”. In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable”.
Section 147 ceases to have effect.
Paragraph 120 is amended as follows. In sub-paragraph (6) for “by execution issued from that court” substitute “under section 85 of the County Courts Act 1984”. In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable”.
In relation to the matters mentioned in subsection (2), the Upper Tribunal—
has, in England and Wales or in Northern Ireland, the same powers, rights, privileges and authority as the High Court, and
has, in Scotland, the same powers, rights, privileges and authority as the Court of Session.
The matters are—
the attendance and examination of witnesses,
the production and inspection of documents, and
all other matters incidental to the Upper Tribunal's functions.
Subsection (1) shall not be taken—
to limit any power to make Tribunal Procedure Rules;
to be limited by anything in Tribunal Procedure Rules other than an express limitation.
A power, right, privilege or authority conferred in a territory by subsection (1) is available for purposes of proceedings in the Upper Tribunal that take place outside that territory (as well as for purposes of proceedings in the tribunal that take place within that territory).
Each of the First-tier Tribunal and the Upper Tribunal may decide a case— even though the case arises under the law of a territory other than the one in which the case is decided.
in England and Wales,
in Scotland, or
in Northern Ireland,
A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in England and Wales—
shall be recoverable as if it were payable under an order of the county court in England and Wales;
shall be recoverable as if it were payable under an order of the High Court in England and Wales.
An order for the payment of a sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in Scotland (or a copy of such an order certified in accordance with Tribunal Procedure Rules) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in Northern Ireland—
shall be recoverable as if it were payable under an order of a county court in Northern Ireland;
shall be recoverable as if it were payable under an order of the High Court in Northern Ireland.
This section does not apply to a sum payable in pursuance of—
an award under section 16(6), or
an order by virtue of section 21(1).
The Lord Chancellor may by order make provision for subsection (1) or (3) to apply in relation to a sum of a description specified in the order with the omission of one (but not both) of paragraphs (a) and (b).
Tribunal Procedure Rules—
may make provision as to where, for purposes of this section, a decision is to be taken to be made;
may provide for all or any of subsections (1) to (3) to apply only, or not to apply except, in relation to sums of a description specified in Tribunal Procedure Rules.
If it appears to the First-tier Tribunal or the Upper Tribunal that a matter before it requires special expertise not otherwise available to it, it may direct that in dealing with that matter it shall have the assistance of a person or persons appearing to it to have relevant knowledge or experience.
The remuneration of a person who gives assistance to either tribunal as mentioned in subsection (1) shall be determined and paid by the Lord Chancellor.
The Lord Chancellor may—
establish panels of persons from which either tribunal may (but need not) select persons to give it assistance as mentioned in subsection (1);
under paragraph (a) establish different panels for different purposes;
after carrying out such consultation as he considers appropriate, appoint persons to a panel established under paragraph (a);
remove a person from such a panel.
The costs of and incidental to— shall be in the discretion of the Tribunal in which the proceedings take place.
all proceedings in the First-tier Tribunal, and
all proceedings in the Upper Tribunal,
The relevant Tribunal shall have full power to determine by whom and to what extent the costs are to be paid.
Subsections (1) and (2) have effect subject to Tribunal Procedure Rules.
In any proceedings mentioned in subsection (1), the relevant Tribunal may— the whole of any wasted costs or such part of them as may be determined in accordance with Tribunal Procedure Rules.
disallow, or
(as the case may be) order the legal or other representative concerned to meet,
In subsection (4) “wasted costs” means any costs incurred by a party—
as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
which, in the light of any such act or omission occurring after they were incurred, the relevant Tribunal considers it is unreasonable to expect that party to pay.
In this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct the proceedings on his behalf.
In the application of this section in relation to Scotland, any reference in this section to costs is to be read as a reference to expenses.
The Lord Chancellor may by order provide for a function of a scheduled tribunal to be transferred—
to the First-tier Tribunal,
to the Upper Tribunal,
to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order,
to the First-tier Tribunal to the extent specified in the order and to the Upper Tribunal to the extent so specified,
to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by, or under, Tribunal Procedure Rules,
to an employment tribunal,
to the Employment Appeal Tribunal,
to an employment tribunal and the Employment Appeal Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order, or
to an employment tribunal to the extent specified in the order and to the Employment Appeal Tribunal to the extent so specified.
In subsection (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.
The Lord Chancellor may, as respects a function transferred under subsection (1) or this subsection, by order provide for the function to be further transferred as mentioned in any of paragraphs (a) to (i) of subsection (1).
An order under subsection (1) or (3) may include provision for the purposes of or in consequence of, or for giving full effect to, a transfer under that subsection.
A function of a tribunal may not be transferred under subsection (1) or (3) if, or to the extent that, the provision conferring the function—
would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or
would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.
Subsection (5) does not apply to—
the Secretary of State’s function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39),
functions of the Consumer Credit Appeals Tribunal,
the Secretary of State’s function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38), or
functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53) (but see subsection (7)).
Functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), so far as they relate to Scotland, may be transferred under subsection (1) or (3) only with the consent of the Scottish Ministers.
A function of a tribunal may be transferred under subsection (1) or (3) only with the consent of the Welsh Ministers if any relevant function is exercisable in relation to the tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person).
In subsection (8) “relevant function”, in relation to a tribunal, means a function which relates—
to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or
to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.
The Lord Chancellor may by order make provision for abolishing the tribunal by whom a function transferred under section 30(1) is exercisable immediately before its transfer.
The Lord Chancellor may by order make provision, where functions of a tribunal are transferred under section 30(1), for a person— to (instead or in addition) be the holder of an office specified in subsection (3).
who is the tribunal (but is not the Secretary of State), or
who is a member of the tribunal, or
who is an authorised decision-maker for the tribunal,
Those offices are—
transferred-in judge of the First-tier Tribunal,
transferred-in other member of the First-tier Tribunal,
transferred-in judge of the Upper Tribunal,
transferred-in other member of the Upper Tribunal, and
deputy judge of the Upper Tribunal.
Where functions of a tribunal are transferred under section 30(1), the Lord Chancellor must exercise the power under subsection (2) so as to secure that each person who immediately before the end of the tribunal’s life— becomes the holder of an office specified in subsection (3) with effect from the end of the tribunal’s life (if the person is not then already the holder of such an office).
is the tribunal,
is a member of the tribunal, or
is an authorised decision-maker for the tribunal,
Subsection (4) does not apply in relation to a person— and a reference in subsection (4) to the end of a tribunal’s life is to when the tribunal is abolished or (without being abolished) comes to have no functions.
by virtue of the person’s being the Secretary of State, or
by virtue of the person’s being a Commissioner for the general purposes of the income tax;
For the purposes of this section, a person is an “authorised decision-maker” for a tribunal if—
the tribunal is listed in column 1 of an entry in the following Table, and
the person is of the description specified in column 2 of that entry. (1) (2) Tribunal Authorised decision-maker Adjudicator to Her Majesty’s Land Registry Member of the Adjudicator’s staff who is authorised by the Adjudicator to carry out functions of the Adjudicator which are not of an administrative character The Secretary of State as respects his function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39) Person who is a member of a panel under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 (S.I. 1998/1203) The Secretary of State as respects his function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38) Person appointed, at any time after 2005, under regulation 19(1) of the Estate Agents (Appeals) Regulations 1981 (S.I. 1981/1518) to hear an appeal on behalf of the Secretary of State
Where a function of a tribunal is transferred under section 30(1), the Lord Chancellor may by order provide for procedural rules in force immediately before the transfer to have effect, or to have effect with appropriate modifications, after the transfer (and, accordingly, to be capable of being varied or revoked) as if they were—
Tribunal Procedure Rules, or
employment tribunal procedure regulations, or Appeal Tribunal procedure rules, within the meaning given by section 42(1) of the Employment Tribunals Act 1996 (c. 17).
In subsection (7)—
“procedural rules” means provision (whether called rules or not)—
“government department” does not include the following—
Subject to the following provisions of this paragraph, a person appointed under paragraph 1(2) is to hold and vacate office in accordance with the terms of his appointment. A person appointed under paragraph 1(2)(a) may resign by giving written notice to the Scottish Ministers. A person appointed under paragraph 1(2)(b) may resign by giving written notice to the Welsh Ministers. A person appointed under paragraph 1(2)(c) may resign by giving written notice to the Lord Chancellor. The Lord Chancellor may remove a person appointed under paragraph 1(2) on the ground of inability or misbehaviour. The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(a) may be exercised only with the concurrence of the Scottish Ministers. The power of the Lord Chancellor under sub-paragraph (5) to remove a person who was appointed under paragraph 1(2)(b) may be exercised only with the concurrence of the Welsh Ministers.
Subject to the following provisions of this paragraph, a person appointed under paragraph 4(2)(d) is to hold and vacate office in accordance with the terms of his appointment. The person may resign by giving written notice to the Scottish Ministers. The Scottish Ministers may remove the person on the ground of inability or misbehaviour.
Subject to the following provisions of this paragraph, a person appointed under paragraph 7(2)(d) is to hold and vacate office in accordance with the terms of his appointment. The person may resign by giving written notice to the Welsh Ministers. The Welsh Ministers may remove the person on the ground of inability or misbehaviour.
The Council is to— The Council may scrutinise and comment on legislation, existing or proposed, relating to tribunals or to any particular tribunal. The Council must— In sub-paragraphs (1)(c), (2) and (3)—
A report by the Council on a matter referred to it under paragraph 14(1)(c) or 15(c) must be made to the authority or authorities who referred the matter. Any other report by the Council under paragraph 14 or 15— The Lord Chancellor must lay before each House of Parliament every report made by the Council to him under this paragraph, other than a report that relates only to matters within sub-paragraph (4). Matters are within this sub-paragraph if legislation providing for them would be within the legislative competence of the Scottish Parliament if the legislation were included in an Act of that Parliament. The Scottish Ministers must lay before the Scottish Parliament every report made by the Council to them under this paragraph. The Welsh Ministers must lay before the National Assembly for Wales every report made by the Council to them under this paragraph. Where— the Council must send a copy of the report to the other authority.
The Council must formulate, in general terms, a programme of the work that the Council plans to undertake in carrying out its functions. The Council must— In discharging its duties under sub-paragraphs (1) and (2), the Council must have regard to— The Council must send a copy of the programme, and a copy of any significant revisions to the programme, to—
Nothing in paragraphs 13 to 15 authorises or requires the Council to deal with a matter if legislation providing for the matter would be within the legislative competence of the Northern Ireland Assembly.
The Supreme Court Act 1981 is amended as set out in paragraphs 2 and 3.
Unless sub-paragraph (2) applies, an enforcement agent may not take control of goods whose aggregate value is more than— An enforcement agent may take control of goods of higher value on premises or on a highway, only to the extent necessary, if there are not enough goods of a lower value within a reasonable distance— For the purposes of this paragraph goods are above a given value only if it is or ought to be clear to the enforcement agent that they are. Sub-paragraph (1) does not affect the power to keep control of goods if they rise in value once they have been taken.
If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods. Before issuing the warrant the court must be satisfied that all these conditions are met— The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.
This paragraph applies where the debtor pays the amount outstanding in full— If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor. No further step may be taken under the enforcement power concerned. For the purposes of this paragraph the amount outstanding is reduced by the value of any controlled goods consisting of money required to be used to pay that amount, and sub-paragraph (2) does not apply to that money.
Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services. The regulations may provide for recovery to be out of proceeds or otherwise. The amount recoverable under the regulations in any case is to be determined by or under the regulations. The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court. “Enforcement-related services” means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.
If a debtor wrongfully interferes with controlled goods and the creditor suffers loss as a result, the creditor may bring a claim against the debtor in respect of the loss.
The Summary Jurisdiction (Process) Act 1881 is amended as follows.
In section 17 of the Deeds of Arrangement Act 1914 (preferential payment to creditor an offence), after “by distress” insert “or by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),”.
using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods);
The Compulsory Purchase Act 1965 is amended as follows.
The Taxes Management Act 1970 is amended as follows.
In section 66 of the Criminal Justice Act 1972 (interpretation etc.), in subsection (2) omit the words from ““sentence of imprisonment”” to the end.
In the Finance Act 1984 omit section 16 (unpaid car tax and VAT: distress).
Section 15 of the Dartford-Thurrock Crossing Act 1988 (termination: supplementary provisions) is amended as follows. In subsection (2)— In subsection (3) after “levied” insert “or the power there mentioned was exercisable”.
In section 180 of the Companies Act 1989 (proceedings against market property by unsecured creditors) in subsection (1) after “levied,” insert “and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
Schedule 12 to the Finance Act 2003 (stamp duty land tax: collection and recovery of tax) is amended as follows. After paragraph 1 insert— In paragraph 2(1) omit “England and Wales or”.
The Criminal Justice Act 2003 is amended as follows.
In the Landlord and Tenant Act 1730 omit section 5.
In section 67 of the Fines and Recoveries Act 1833 (assignees to recover rent of the lands of a bankrupt), for the words from “or may distrain” to “recovering of rent in arrear;” substitute “or, so far as the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover any of those rents and profits, may exercise that power, as if they were the landlord, on behalf of the creditors;”. This paragraph does not extend to Northern Ireland.
In section 11 of the Lands Clauses Consolidation Act 1845 (payment of rents to be charged on tolls) omit the words from “or it shall be lawful” to the end. This paragraph extends only to England and Wales.
Section 1 of the Sequestration Act 1849 (sequestrator enabled to sue etc. in his own name) is amended as follows. For “levy any distress” substitute “exercise the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery)”. Omit the words “levy” and “distress” in the second place where each occurs. Omit “levied”.
The Limitation Act 1980 is amended as follows
After section 6 insert—
“fixed deductions order” means an attachment of earnings order under which periodical deductions are to be made in accordance with the fixed deductions scheme; “fixed deductions scheme” has the meaning given by section 6A(1); “Schedule 3 deductions order” means an attachment of earnings order under which periodical deductions are to be made in accordance with Part 1 of Schedule 3; “suspension order” means an order under section 9A suspending a fixed deductions order;
In section 14(1) (power of court to order debtor and employer to provide specified information), for “an attachment of earnings order” substitute “a Schedule 3 deductions order”.
In section 100 (district judges), after subsection (4) insert—
This paragraph applies if a further step is taken despite paragraph 58(3). The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full. Sub-paragraph (2) applies to a related party as to the enforcement agent. If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full. A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries. Sub-paragraphs (2) to (4) do not affect any right of the debtor or a co-owner to a remedy against any person other than the enforcement agent or a related party. In this paragraph, “related party” has the meaning given by paragraph 65(4).
In section 5 (provision as to execution of process) after “warrant of distress” in the first place insert “or warrant of control”.
Section 13 (refusal to give possession to acquiring authority) is amended as follows. In subsection (4) for “levied by distress” substitute “recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”. Omit subsection (5).
Section 61 (distraint by collectors) is amended as follows. In subsection (1), after “the collector may” insert—. After subsection (1) insert—
Section 154 (general limit on magistrates' power to impose imprisonment) is amended as follows. In subsections (4) and (6) for “distress” substitute “goods”. After subsection (7) insert—
In section 19 (time limit for actions to recover rent) for “or distress made” substitute “and the power conferred by section 72(1) of the Tribunals, Courts and Enforcement Act 2007 shall not be exercisable”.
After section 14(1) insert—
Section 102 (deputy district judges) is amended as follows. For subsections (1) and (2) (appointment of deputy district judges to district registries) substitute— In subsection (3) (former district judge may be appointed as deputy even though too old to be appointed as a district judge, but no appointment by virtue of the subsection may extend beyond age 75), for the words from the beginning to “by virtue of this subsection” substitute “No appointment to which subsection (1B) applies”. For subsection (4) (powers of deputy district judges) substitute— After subsection (5) insert—
In section 8 (definitions) after “warrant of distress,” insert “any warrant of control,”.
Omit section 29 (irregularities in proceedings under the Act).
In section 62 (priority of claim for tax) at the end insert—
In section 305 (interpretation of Part 12) after subsection (1) insert—
In section 38 (interpretation) omit “rentcharges and” and “rent or”.
In section 14(2) (powers of court after attachment of earnings order has been made), for the words from “Where” to “in force—” substitute “At any time when a Schedule 3 deductions order is in force, the court or the fines officer, as the case may be, may—”.
This paragraph applies to a person holding office as a deputy district judge under section 102 of the Supreme Court Act 1981 (c. 54) by virtue of an appointment made before the commencement of paragraph 3 (“the commencement date”). If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 102(1B) of that Act had applied to his appointment (and had been complied with). The person is to be treated after the commencement date as assigned under section 102(4A) of that Act to the district registry for which he was appointed.
After section 14(2) insert—
In section 14(4) (rules of court about notice of application for attachment or earnings order), for the words from “give” to “the application.” substitute “, within such period and in such manner as may be prescribed, give the court a statement in accordance with subsection (4A) or (4B).”
After section 14(4) insert—
In section 14(5) (certain statements in proceedings for making or varying etc attachment of earnings orders deemed to be evidence of facts stated), after “subsection (1)(a) or (b)” insert “or (1A)”.
The Lord Chancellor may, in connection with provision made by order under section 30 or the preceding provisions of this section, make by order such incidental, supplemental, transitional or consequential provision, or provision for savings, as the Lord Chancellor thinks fit, including provision applying only in relation to cases selected by a member—
of the First-tier Tribunal,
of the Upper Tribunal,
of the Employment Appeal Tribunal, or
of a panel of members of employment tribunals.
Subsections (1), (2) and (7) are not to be taken as prejudicing the generality of subsection (9).
Subsection (2) applies if—
a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England but is not transferred under section 30(1) in relation to Wales, or
a function that is not exercisable in relation to Wales is transferred under section 30(1)(a), (c), (d) or (e) in relation to England and, although there is a corresponding function that is exercisable in relation to Wales, that corresponding function is not transferred under section 30(1) in relation to Wales.
The Lord Chancellor may by order—
provide for an appeal against a decision to be made to the Upper Tribunal instead of to the court to which an appeal would otherwise fall to be made where the decision is made in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b);
provide for a reference of any matter to be made to the Upper Tribunal instead of to the court to which a reference would otherwise fall to be made where the matter arises in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b).
The Lord Chancellor may by order provide for an appeal against a decision of a scheduled tribunal to be made to the Upper Tribunal, instead of to the court to which an appeal would otherwise fall to be made, where the decision is made by the tribunal in exercising a function in relation to Wales.
In subsection (3) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of that subsection.
An order under subsection (2) or (3)—
may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;
may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
Subsection (2) applies if—
a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Scotland,
an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and
no appeal may be made against a corresponding decision made in exercising the function in relation to Scotland.
The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.
An order under subsection (2)—
may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;
may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.
Subsection (2) applies if—
a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Northern Ireland,
an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and
no appeal may be made against a corresponding decision made in exercising the function in relation to Northern Ireland.
The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.
An order under subsection (2)—
may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;
may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.
The Lord Chancellor may by order—
transfer any relevant function, so far as that function is exercisable by a Minister of the Crown—
to the Lord Chancellor, or
to two (or more) Ministers of the Crown of whom one is the Lord Chancellor;
provide for any relevant function that is exercisable by a Minister of the Crown other than the Lord Chancellor to be exercisable by the other Minister of the Crown concurrently with the Lord Chancellor;
provide for any relevant function that is exercisable by the Lord Chancellor concurrently with another Minister of the Crown to cease to be exercisable by the other Minister of the Crown.
In this section “relevant function” means a function, in relation to a scheduled tribunal, which relates—
to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or
to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.
In subsection (2) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.
A relevant function may not be transferred under subsection (1) if, or to the extent that, the provision conferring the function—
would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or
would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.
Subsection (4) does not apply to any relevant function of the Secretary of State—
under section 41 of the Consumer Credit Act 1974 (c. 39) (appeals), or
under section 7 of the Estate Agents Act 1979 (c. 38) (appeals).
Any reference in subsection (1) to a Minister of the Crown includes a reference to a Minister of the Crown acting jointly.
An order under subsection (1)—
may relate to a function either wholly or in cases (including cases framed by reference to areas) specified in the order;
may include provision for the purposes of, or in consequence of, or for giving full effect to, the transfer or (as the case may be) other change as regards exercise;
may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit;
may include provision for the transfer of any property, rights or liabilities of the person who loses functions or whose functions become shared with the Lord Chancellor.
An order under subsection (1), so far as it— may not, after that transfer or other change has taken place, be revoked by another order under that subsection.
provides under paragraph (a) for the transfer of a function, or
provides under paragraph (b) for a function to become exercisable by the Lord Chancellor, or
provides under paragraph (c) for a function to cease to be exercisable by a Minister of the Crown other than the Lord Chancellor,
Section 1 of the 1975 Act (power to transfer Ministerial functions) does not apply to a function of the Lord Chancellor—
so far as it is a function transferred to the Lord Chancellor under subsection (1)(a),
so far as it is a function exercisable by the Lord Chancellor as a result of provision under subsection (1)(b), or
so far as it is a function that has become exercisable by the Lord Chancellor alone as a result of provision under subsection (1)(c).
In this section—
Paragraphs 24 to 30 apply where an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.
An enforcement agent must take reasonable care of controlled goods that he removes from the premises or highway where he finds them. He must comply with any provision of regulations about their care while they remain controlled goods.
Paragraphs 39 to 42 apply to the sale of controlled goods, except where—
the controlled goods are securities, or
the sale is by exchange of one currency for another.
This paragraph applies where an enforcement agent— The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser. But the debtor may bring proceedings under this paragraph. Subject to rules of court, the proceedings may be brought— In the proceedings the court may— A related party is either of the following (if different from the enforcement agent)— Sub-paragraph (5) is without prejudice to any other powers of the court. Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief— This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).
This Schedule is subject to sections 183, 184 and 346 of the Insolvency Act 1986 (c. 45).
In section 20 of the Sheriffs Act 1887 (fees and poundage), after subsection (2) insert—
In section 8 of the Agricultural Credits Act 1928 (supplemental provisions about agricultural charges), in subsection (7) after “distress for” insert “, or the exercise of a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover,”.
In section 39 of the Criminal Justice Act 1961 (interpretation) after subsection (1) insert—
In section 12 of the Sea Fisheries Act 1968 (recovery of fines imposed on master etc. or crew), in subsection (3)—
for “warrants of distress)” substitute “warrants), as they apply to warrants of the kinds mentioned there,”;
omit the words from “as they apply” to the end.
In section 3 of the Attachment of Earnings Act 1971 (application for order and conditions of court’s power to make it), in subsection (4)(b), for “distress” substitute “taking control of goods”.
The Patents Act 1977 is amended as follows.
In section 15 of the Employment Tribunals Act 1996 (enforcement), in subsection (1) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
In section 21 of the National Minimum Wage Act 1998 (financial penalty for non-compliance), in subsection (5)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
The Proceeds of Crime Act 2002 is amended as follows.
The power to enter and any power to use force are subject to any restriction imposed by or under regulations. A power to use force does not include power to use force against persons, except to the extent that regulations provide that it does.
The sale must not be before the end of the minimum period except with the agreement of the debtor and any co-owner. Regulations must specify the minimum period.
In section 41 (amount of compensation of employees), in subsection (9) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Section 78 (limit on magistrates' courts' power to impose imprisonment etc.) is (until its repeal by the Criminal Justice Act 2003 (c. 44) comes into force) amended as follows. In subsection (4) for “distress” substitute “goods”. After subsection (4) insert—
In section 58 (restraint orders: restrictions), in subsection (2) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
The enforcement agent may enter and remain on the premises only within prescribed times of day. Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times. The authorisation—
Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner. Regulations must state— The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations. Any notice must be given within the permitted period. Unless extended the permitted period is 12 months beginning with the day on which the enforcement agent takes control of the goods. Any extension must be by agreement in writing between the creditor and debtor before the end of the period. They may extend the period more than once.
In section 61 (proceedings for infringement of patent), in subsection (7)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Section 163 (general definition) is amended as follows. The existing words become subsection (1). After that subsection insert—
In section 59 (enforcement receivers: restrictions), in subsection (2) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of— The request may be made before the enforcement agent enters the premises or while he is there.
The sale must be by public auction unless the court orders otherwise. The court may make an order only on an application by the enforcement agent. Regulations may make provision about the types of sale the court may order. In an application for an order under sub-paragraph (2) the enforcement agent must state whether he has reason to believe that an enforcement power has become exercisable by another creditor against the debtor or a co-owner. If the enforcement agent states that he does, the court may not consider the application until notice of it has been given to the other creditor in accordance with regulations (or until the court is satisfied that an enforcement power is not exercisable by the other creditor against the debtor or a co-owner).
In section 93 (enforcement of orders for costs), in paragraph (a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
In section 60 (Director’s receivers: restrictions), in subsection (2) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
The enforcement agent may take other people onto the premises. They may assist him in exercising any power, including a power to use force. They must not remain on the premises without the enforcement agent. The enforcement agent may take any equipment onto the premises. He may leave equipment on the premises if he leaves controlled goods there.
Regulations may make further provision about the sale of controlled goods, including in particular—
requirements for advertising;
provision about the conduct of a sale.
In section 107 (costs and expenses in proceedings before the comptroller), in subsection (2) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
In section 253 (interim receiving orders: restriction on proceedings and remedies) in subsection (1)(b) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
After entering the premises the enforcement agent must provide a notice for the debtor giving information about what the enforcement agent is doing. Regulations must state— Regulations may prescribe circumstances in which a notice need not be provided after re-entry to premises. If the debtor is on the premises when the enforcement agent is there, the enforcement agent must give him the notice then. If the debtor is not there, the enforcement agent must leave the notice in a conspicuous place on the premises. If the enforcement agent knows that there is someone else there or that there are other occupiers, a notice he leaves under sub-paragraph (5) must be in a sealed envelope addressed to the debtor.
If the premises are occupied by any person apart from the debtor, the enforcement agent must leave at the premises a list of any goods he takes away.
The enforcement agent must leave the premises as effectively secured as he finds them.
The Lord Chancellor may by order transfer any power to make procedural rules for a scheduled tribunal to—
himself, or
the Tribunal Procedure Committee.
A power may not be transferred under subsection (1) if, or to the extent that, the provision conferring the power—
would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or
would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.
Subsection (2) does not apply to—
power conferred by section 40A(3) or 41(2) of the Consumer Credit Act 1974 (c. 39) (power to make provision with respect to appeals), or
power conferred by section 7(3) of the Estate Agents Act 1979 (c. 38) (duty of Secretary of State to make regulations with respect to appeals under section 7(1) of that Act).
An order under subsection (1)(b)—
may not alter any parliamentary procedure relating to the making of the procedural rules concerned, but
may otherwise include provision for the purpose of assimilating the procedure for making them to the procedure for making Tribunal Procedure Rules.
An order under subsection (1)(b) may include provision requiring the Tribunal Procedure Committee to make procedural rules for purposes notified to it by the Lord Chancellor.
An order under this section—
may relate to a power either wholly or in cases (including cases framed by reference to areas) specified in the order;
may include provision for the purposes of or in consequence of, or for giving full effect to, the transfer;
may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
A power to make procedural rules for a tribunal that is exercisable by the Tribunal Procedure Committee by virtue of an order under this section must be exercised by the committee with a view to securing—
that the system for deciding matters within the jurisdiction of that tribunal is accessible and fair,
that proceedings before that tribunal are handled quickly and efficiently,
that the rules are both simple and simply expressed, and
that the rules where appropriate confer on persons who are, or who are members of, that tribunal responsibility for ensuring that proceedings before that tribunal are handled quickly and efficiently.
In this section—
“practice direction” means a direction under section 23(1) or (2);
This paragraph applies to any power by which— may be removed from office. If the person exercises functions wholly or mainly in Scotland, the power may be exercised only with the concurrence of the Lord President of the Court of Session. If the person exercises functions wholly or mainly in Northern Ireland, the power may be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland. If neither of sub-paragraphs (2) and (3) applies, the power may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.
In this paragraph “judge by request of the First-tier Tribunal” means a person who is a judge of the First-tier Tribunal but who— A judge by request of the First-tier Tribunal may act as a judge of the First-tier Tribunal only if requested to do so by the Senior President of Tribunals. Such a request made to a person who is a judge of the First-tier Tribunal by virtue of the combination of sections 4(1)(c) and 5(1)(g) may be made only with— Sub-paragraph (5) applies— The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—
Sub-paragraph (2) applies to a person (“J”)— J must take the required oaths before— A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him— In this paragraph “the required oaths” means (subject to sub-paragraph (5))— as set out in the Promissory Oaths Act 1868 (c. 72). Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the First-tier Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—
The Lord Chancellor may by order amend Schedule 6—
for the purpose of adding a tribunal to a list in the Schedule;
for the purpose of removing a tribunal from a list in the Schedule;
for the purpose of removing a list from the Schedule;
for the purpose of adding to the Schedule a list of tribunals that has effect for the purposes of any one or more of sections 30, 32(3), 35 and 36.
The following rules apply to the exercise of power under subsection (1)—
a tribunal may not be added to a list, or be in an added list, if the tribunal is established otherwise than by or under an enactment;
a tribunal established by an enactment passed or made after the last day of the Session in which this Act is passed must not be added to a list, or be in an added list, that has effect for the purposes of section 30;
if any relevant function is exercisable in relation to a tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person), the tribunal may be added to a list, or be in an added list, only with the consent of the Welsh Ministers;
a tribunal may be in more than one list.
In subsection (2)(c) “relevant function”, in relation to a tribunal, means a function which relates—
to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or
to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.
In subsection (1) “tribunal” does not include an ordinary court of law.
In this section “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
Provision in an order under any of sections 30 to 36 may take the form of amendments, repeals or revocations of enactments.
In this section “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
Any power to extend enactments to a territory outside the United Kingdom shall have effect as if it included—
power to extend those enactments as they have effect with any amendments and repeals made in them by orders under any of sections 30 to 36, and
power to extend those enactments as if any amendments and repeals made in them under those sections had not been made.
The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of— and that appropriate services are provided for those tribunals (referred to in this section and in sections 40 and 41 as “the tribunals”).
the First-tier Tribunal,
the Upper Tribunal,
employment tribunals,
the Employment Appeal Tribunal, and
the Asylum and Immigration Tribunal,
Any reference in this section, or in section 40 or 41, to the Lord Chancellor’s general duty in relation to the tribunals is to his duty under subsection (1).
The Lord Chancellor must annually prepare and lay before each House of Parliament a report as to the way in which he has discharged his general duty in relation to the tribunals.
The Lord Chancellor may appoint such staff as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.
Subject to subsections (3) and (4), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.
The Lord Chancellor may not enter into contracts for the provision of staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.
The Lord Chancellor may not enter into contracts for the provision of staff to carry out the administrative work of the tribunals unless an order made by the Lord Chancellor authorises him to do so.
Before making an order under subsection (4) the Lord Chancellor must consult the Senior President of Tribunals as to what effect (if any) the order might have on the proper and efficient administration of justice.
An order under subsection (4) may authorise the Lord Chancellor to enter into contracts for the provision of staff to discharge functions—
wholly or to the extent specified in the order,
generally or in cases or areas specified in the order, and
unconditionally or subject to the fulfilment of conditions specified in the order.
The Lord Chancellor may provide, equip, maintain and manage such tribunal buildings, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.
The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of tribunal buildings, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.
The powers under— to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).
section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and
section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),
In this section “tribunal building” means any place where any of the tribunals sits, including the precincts of any building in which it sits.
The Lord Chancellor may by order prescribe fees payable in respect of—
anything dealt with by the First-tier Tribunal,
anything dealt with by the Upper Tribunal,
anything dealt with by the Asylum and Immigration Tribunal,
anything dealt with by an added tribunal, and
mediation conducted by staff appointed under section 40(1).
An order under subsection (1) may, in particular, contain provision as to—
scales or rates of fees;
exemptions from or reductions in fees;
remission of fees in whole or in part.
In subsection (1)(d) “added tribunal” means a tribunal specified in an order made by the Lord Chancellor.
A tribunal may be specified in an order under subsection (3) only if—
it is established by or under an enactment, whenever passed or made, and
is not an ordinary court of law.
Before making an order under this section, the Lord Chancellor must consult—
the Senior President of Tribunals, and
the Administrative Justice and Tribunals Council.
The making of an order under subsection (1) requires the consent of the Treasury except where the order contains provision only for the purpose of altering amounts payable by way of fees already prescribed under that subsection.
The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees under subsection (1) to the attention of persons likely to have to pay them.
Fees payable under subsection (1) are recoverable summarily as a civil debt.
Subsection (8) does not apply to the recovery in Scotland of fees payable under this section.
Until the Administrative Justice and Tribunals Council first has ten members appointed under paragraph 1(2) of Schedule 7, the reference to that council in subsection (5) is to be read as a reference to the Council on Tribunals.
Each year the Senior President of Tribunals must give the Lord Chancellor a report covering, in relation to relevant tribunal cases—
matters that the Senior President of Tribunals wishes to bring to the attention of the Lord Chancellor, and
matters that the Lord Chancellor has asked the Senior President of Tribunals to cover in the report.
The Lord Chancellor must publish each report given to him under subsection (1).
In this section “relevant tribunal cases” means—
cases coming before the First-tier Tribunal,
cases coming before the Upper Tribunal,
cases coming before the Employment Appeal Tribunal, and
cases coming before employment tribunals.
There is to be a council to be known as the Administrative Justice and Tribunals Council.
In Schedule 7— Part 1 makes provision about membership and committees of the Council, Part 2 makes provision about functions of the Council, Part 3 requires the Council to be consulted before procedural rules for certain tribunals are made, confirmed etc., and Part 4 contains interpretative provisions.
The following are abolished—
the Council on Tribunals, and
the Scottish Committee of the Council on Tribunals.
In consequence of subsection (1), sections 1 to 4 of the Tribunals and Inquiries Act 1992 (c. 53) cease to have effect.
The Lord Chancellor may by order transfer to the Administrative Justice and Tribunals Council the property, rights and liabilities of—
the Council on Tribunals;
the Scottish Committee of the Council on Tribunals.
The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the provisions listed in subsection (2).
The provisions are— paragraphs 3(4) and 6(3)(a) of Schedule 2; paragraphs 3(4) and 6(3)(a) of Schedule 3; paragraphs 2(2) and 5(5) of Schedule 4; paragraphs 21(2), 22, 24 and 25(2)(a) of Schedule 5.
The Lord President of the Court of Session may nominate any of the following to exercise any of his functions under the provisions listed in subsection (4)—
a judge who is a member of the First or Second Division of the Inner House of the Court of Session;
the Senior President of Tribunals.
The provisions are— paragraphs 3(2) and 6(3)(b) of Schedule 2; paragraphs 3(2) and 6(3)(b) of Schedule 3; paragraphs 2(3) and 5(6) of Schedule 4; paragraphs 23, 24, 25(2)(b) and (c) and 28(1)(b) of Schedule 5.
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the provisions listed in subsection (6)—
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
a Lord Justice of Appeal (as defined in section 88 of that Act);
the Senior President of Tribunals.
The provisions are— paragraphs 3(3) and 6(3)(c) of Schedule 2; paragraphs 3(3) and 6(3)(c) of Schedule 3; paragraphs 2(4) and 5(7) of Schedule 4; paragraphs 24 and 25(2)(c) of Schedule 5.
Persons with responsibilities in connection with a courts-related activity, and persons with responsibilities in connection with the corresponding tribunals activity, must co-operate with each other in relation to the carrying-on of those activities.
In this section “courts-related activity” and “corresponding tribunals activity” are to be read as follows—
making arrangements for training of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for training of tribunal members;
making arrangements for guidance of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for guidance of tribunal members;
making arrangements for the welfare of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for the welfare of tribunal members.
Subsection (1) applies to a person who has responsibilities in connection with a courts-related activity only if—
the person is the chief justice of the territory concerned, or
what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the chief justice of that territory.
Subsection (1) applies to a person who has responsibilities in connection with a corresponding tribunals activity only if—
the person is the Senior President of Tribunals, or
what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the Senior President of Tribunals.
For the purposes of this section—
“territory” means—
England and Wales,
Scotland, or
Northern Ireland;
the “chief justice”—
of England and Wales is the Lord Chief Justice of England and Wales,
of Scotland is the Lord President of the Court of Session, and
of Northern Ireland is the Lord Chief Justice of Northern Ireland;
a person is a “tribunal member” if the person is—
a judge, or other member, of the First-tier Tribunal or Upper Tribunal,
a judge, or other member, of the Employment Appeal Tribunal,
a member of a panel of members of employment tribunals (whether or not a panel of chairmen), or
any member of the Asylum and Immigration Tribunal.
Schedule 8, which makes— amendments consequential on provisions of this Part, and other amendments in connection with tribunals and inquiries, has effect.
Schedule 9, which contains transitional provisions, has effect.
Power— is exercisable by statutory instrument.
of the Lord Chancellor to make an order, or regulations, under this Part,
of the Senior President of Tribunals to make an order under section 7(9), or
of the Scottish Ministers, or the Welsh Ministers, to make an order under paragraph 25(2) of Schedule 7,
The Statutory Instruments Act 1946 (c. 36) shall apply in relation to the power to make orders conferred on the Senior President of Tribunals by section 7(9) as if the Senior President of Tribunals were a Minister of the Crown.
Any power mentioned in subsection (1) includes power to make different provision for different purposes.
Without prejudice to the generality of subsection (3), power to make an order under section 30 or 31 includes power to make different provision in relation to England, Scotland, Wales and Northern Ireland respectively.
No order mentioned in subsection (6) is to be made unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.
Those orders are—
an order under section 11(8), 13(6) or (14), 30, 31(1), 32, 33, 34, 35, 36, 37 or 42(3);
an order under paragraph 15 of Schedule 4;
an order under section 42(1)(a) to (d) that provides for fees to be payable in respect of things for which fees have never been payable;
an order under section 31(2), (7) or (9), or paragraph 30(1) of Schedule 5, that contains provision taking the form of an amendment or repeal of an enactment comprised in an Act.
A statutory instrument that— is subject to annulment in pursuance of a resolution of either House of Parliament.
contains—
an order mentioned in subsection (8), or
regulations under Part 3 of Schedule 9, and
is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
Those orders are—
an order made by the Lord Chancellor under this Part;
an order made by the Senior President of Tribunals under section 7(9).
A statutory instrument that contains an order made by the Scottish Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the Scottish Parliament.
A statutory instrument that contains an order made by the Welsh Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Subsection (2) applies for the purposes of any statutory provision that—
relates to an office or other position, and
refers to a person who satisfies the judicial-appointment eligibility condition on an N-year basis (where N is the number stated in the provision).
A person satisfies that condition on an N-year basis if—
the person has a relevant qualification, and
the total length of the person’s qualifying periods is at least N years.
In subsection (2) “qualifying period”, in relation to a person, means a period during which the person—
has a relevant qualification, and
gains experience in law (see section 52).
For the purposes of subsections (2) and (3), a person has a relevant qualification if the person—
is a solicitor or a barrister (but see section 51), or
holds a qualification that under section 51(1) is a relevant qualification in relation to the office, or other position, concerned.
In this section—
The Lord Chancellor may appoint a person to be one of the members of the First-tier Tribunal who are not judges of the tribunal. A person is eligible for appointment under sub-paragraph (1) only if the person has qualifications prescribed in an order made by the Lord Chancellor with the concurrence of the Senior President of Tribunals.
Sub-paragraph (2) applies— The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—
The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges and other members of the First-tier Tribunal (in their capacities as such judges and other members).
The Lord Chancellor may appoint a person to be one of the members of the Upper Tribunal who are not judges of the tribunal. A person is eligible for appointment under sub-paragraph (1) only if the person has qualifications prescribed in an order made by the Lord Chancellor with the concurrence of the Senior President of Tribunals.
Sub-paragraph (2) applies— The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—
In this paragraph “ex officio member of the Upper Tribunal” means— The Lord Chancellor may pay to an ex officio member of the Upper Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—
The Tribunal Procedure Committee is to consist of—
the Senior President of Tribunals or a person nominated by him,
the persons currently appointed by the Lord Chancellor under paragraph 21,
the persons currently appointed by the Lord Chief Justice of England and Wales under paragraph 22,
the person currently appointed by the Lord President of the Court of Session under paragraph 23, and
any person currently appointed under paragraph 24 at the request of the Senior President of Tribunals.
The Lord President of the Court of Session must appoint one person with experience in and knowledge of the Scottish legal system. Before making an appointment under sub-paragraph (1), the Lord President of the Court of Session must consult the Lord Chancellor.
The Lord Chancellor may reimburse members of the Tribunal Procedure Committee their travelling and out-of-pocket expenses.
For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph. Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it. Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section. Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given.
An enforcement agent may not take control of goods unless the debtor has been given notice. Regulations must state— The enforcement agent must keep a record of the time when the notice is given. If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period. The order may be subject to conditions.
If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway. The court may not issue a warrant unless it is satisfied that prescribed conditions are met. The warrant may require any constable to assist the enforcement agent to execute it. The power to use force is subject to any restriction imposed by or under regulations. The power to use force does not include power to use force against persons, except to the extent that regulations provide that it does.
Before the end of the minimum period, the enforcement agent must— In this paragraph “minimum period” means the period specified by regulations under—
The enforcement agent may not exercise any power under this Schedule on a highway except within prescribed times of day. Regulations may give the court power in prescribed circumstances to authorise him to exercise a power at other times. The authorisation may be subject to conditions.
If the enforcement agent takes control of goods on a highway or enters a vehicle on a highway with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing. Regulations must state— If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then. Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 14) in a sealed envelope addressed to the debtor.
“member” means a judge or other member of the First-tier Tribunal or a judge or other member of the Upper Tribunal;
Section 95 of the Constitutional Reform Act 2005 (c. 4) (withdrawal and modification of requests) is amended as follows. In subsection (1) (application of section), after “87” insert “or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007”. In subsection (4) (limitation on withdrawal of request under subsection (2)(c)), after “73(2),” insert “75E(2),”.
The Senior President of Tribunals is responsible for representing the views of tribunal members to Parliament, to the Lord Chancellor and to Ministers of the Crown generally.
A person is eligible for appointment under section 7(7) only if—
he is a judge of the Upper Tribunal, or
he does not fall within paragraph (a) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).
The Chamber President of a chamber of the First-tier Tribunal or Upper Tribunal may delegate any function he has in his capacity as the Chamber President of the chamber— A delegation under sub-paragraph (1) is not revoked by the delegator’s becoming incapacitated. Any delegation made by a person under sub-paragraph (1) that is in force immediately before the person ceases to be the Chamber President of a chamber continues in force until subsequently varied or revoked by another holder of the office of Chamber President of that chamber. The delegation under sub-paragraph (1) of a function shall not prevent the exercise of the function by the Chamber President of the chamber concerned. In this paragraph “delegate” includes further delegate.
The Chamber President of a chamber of the First-tier Tribunal or the Upper Tribunal is to make arrangements for the issuing of guidance on changes in the law and practice as they relate to the functions allocated to the chamber.
The Chamber President, or a Deputy Chamber President, of a chamber— Paragraphs 11(1) and (2) and 12(2) and (3) do not apply to assignment of a person who is a Chamber President or a Deputy Chamber President. In sub-paragraph (1) “chamber” means chamber of the First-tier Tribunal or the Upper Tribunal.
The Senior President of Tribunals must publish a document recording the policy adopted by him in relation to— That policy must be such as to secure— No policy may be adopted by the Senior President of Tribunals for the purposes of sub-paragraph (1) unless the Lord Chancellor concurs in the policy. The Senior President of Tribunals must keep any policy adopted for the purposes of sub-paragraph (1) under review.
Rules may provide for functions— to be exercised by staff appointed under section 40(1). In making provision of the kind mentioned in sub-paragraph (1) in relation to a function, Rules may (in particular)—
Rules may make provision about the circumstances in which the First-tier Tribunal, or the Upper Tribunal, may exercise its powers of its own initiative.
Rules may make provision conferring additional rights of audience before the First-tier Tribunal or the Upper Tribunal.
Rules may make provision for regulating matters relating to costs, or (in Scotland) expenses, of proceedings before the First-tier Tribunal or Upper Tribunal. The provision mentioned in sub-paragraph (1) includes (in particular)—
Rules may make provision for the correction of accidental errors in a decision or record of a decision. Rules may make provision for the setting aside of a decision in proceedings before the First-tier Tribunal or Upper Tribunal— Sub-paragraphs (1) and (2) shall not be taken to prejudice, or to be prejudiced by, any power to correct errors or set aside decisions that is exercisable apart from rules made by virtue of those sub-paragraphs.
Rules may make provision in the form of presumptions (including, in particular, presumptions as to service or notification).
The Lord Chancellor must appoint— Before making an appointment under sub-paragraph (1), the Lord Chancellor must consult the Lord Chief Justice of England and Wales. Until the Administrative Justice and Tribunals Council first has ten members appointed under paragraph 1(2) of Schedule 7, the reference to that council in sub-paragraph (1)(b) is to be read as a reference to the Council on Tribunals; and if, when the Administrative Justice and Tribunals Council first has ten members so appointed, the person appointed under sub-paragraph (1)(b) is a nominee of the Council on Tribunals, that person ceases to be a member of the Tribunal Procedure Committee at that time.
At the request of the Senior President of Tribunals, an appropriate senior judge may appoint a person or persons with experience in and knowledge of— for the purpose of assisting the Committee with regard to that issue or subject area. In sub-paragraph (1) “an appropriate senior judge” means any of— The total number of persons appointed at any time under sub-paragraph (1) must not exceed four. Before making an appointment under sub-paragraph (1), the person making the appointment must consult the Lord Chancellor. The terms of appointment of a person appointed under sub-paragraph (1) may (in particular) authorise him to act as a member of the Committee only in relation to matters specified by those terms.
This paragraph applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Rules to include provision that would achieve a purpose specified in the notice. The Committee must make such Rules, in accordance with paragraph 28, as it considers necessary to achieve the specified purpose. Those Rules must be made—
This paragraph applies for the purposes of paragraph 25. The Welsh Ministers are the authority responsible for a tribunal if— Those powers are— In the case of a tribunal that exercises functions in relation to Wales and also exercises those or other functions in relation to somewhere other than Wales, the Welsh Ministers are the authority responsible for the tribunal to the extent that it exercises functions in relation to Wales if at least one of the powers referred to in sub-paragraph (5) is exercisable as mentioned in sub-paragraph (6). Those powers are— Power is exercisable as mentioned in this sub-paragraph if it is exercisable by the Welsh Ministers and is not exercisable by the Welsh Ministers jointly or concurrently with a Minister of the Crown.
The Food Safety Act 1990 is amended as follows. In section 26(2)(e) (regulations may provide for appeals, including appeals to a tribunal set up by the regulations)— In section 37(2) (subsection (1)(c) does not apply where appeal may be made to a tribunal set up by regulations under Part 2), for the words from “provide for an appeal” onwards substituteprovide for an appeal—
The Town and Country Planning (Scotland) Act 1997 is amended as follows.
The Nationality, Immigration and Asylum Act 2002 is amended as follows. In section 107 (power for President of the Asylum and Immigration Tribunal to give practice directions), after subsection (1) insert— In section 107, after subsection (3) insert— Any power by which a person may be removed from membership of the Tribunal— In Schedule 4, after paragraph 5 insert— In paragraph 8 of Schedule 4 (allocation of proceedings)— In Schedule 4, after paragraph 12 insert—
An inquiry held by a commission under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).
A local inquiry held by a joint commission shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).
where the debt is payable under an administration order (within the meaning of Part 6 of the County Courts Act 1984 (c. 28)), any one of the creditors scheduled to the order;
The Local Government Finance Act 1992 is amended as follows.
The Finance Act 1994 is amended as follows.
Schedule 5 to the Finance Act 1996 (landfill tax) is amended as follows.
In section 7 of the Social Security (Recovery of Benefits) Act 1997 (recovery of payments due under section 6), in subsection (4) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
In section 216 of the Greater London Authority Act 1999 (protection of key system assets), in subsection (4) after “levied” insert “and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised”.
Schedule 6 to the Finance Act 2000 (climate change levy) is amended as follows.
In section 155 of the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges), in subsection (7) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
In section 955(4) of the Income Tax Act 2007 (proceedings before set-off claim is made) after “attachment” insert “or under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”.
In Part 2 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1976 (compulsory purchase of rights: adaptation of 1965 Act), in paragraph 9 for “sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
In Part 2 of Schedule 3 to the Gas Act 1986 (compulsory acquisition of land and rights: procedure etc), in paragraph 10 for “sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
In Part 2 of Schedule 3 to the Electricity Act 1989 (compulsory acquisition of land and rights: procedure etc), in paragraph 11 for “sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
In Part 2 of Schedule 5 to the Regional Development Agencies Act 1998 (acquisition of rights), in paragraph 5(2), for “sheriff’s warrant” there is substituted “enforcement officer’s or sheriff’s warrant”.
In section 14 (administration, penalties and enforcement), after subsection (3) insert—
After section 10 insert—
After paragraph 23 insert—
After paragraph 89 insert—
Schedule 4 (enforcement: England and Wales) is amended as follows. In paragraph 1(1) and (2) after “recovery” insert “, otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),”. In paragraph 5 (attachment of earnings etc)— Omit paragraph 7 (distress). In paragraph 8 (commitment to prison)— In paragraph 12 (relationship between remedies) in sub-paragraph (1)— Omit paragraph 19 (3).
In section 11 (breaches of walking possession agreements), for subsection (5) substitute—
This paragraph extends only to Northern Ireland.
This paragraph extends only to Northern Ireland.
Schedule 7 (insurance premium tax) is amended as follows. After paragraph 18 insert— This paragraph extends only to Northern Ireland.
Schedule 10, which makes amendments— for the purpose of substituting references to satisfying the judicial-appointment eligibility condition in place of references to having a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c. 41), for the purpose of reducing qualifying periods for eligibility for appointment to certain judicial offices from ten and seven years to seven and five years respectively, and for connected purposes, has effect.
At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in subsection (5) is to be read as a reference to the Supreme Court.
The Lord Chancellor may by order provide for a qualification specified in the order to be a relevant qualification for the purposes of section 50(2) and (3) in relation to an office or other position specified in the order.
A qualification may be specified under subsection (1) only if it is one awarded—
by the Institute of Legal Executives, or
by a body other than the Institute of Legal Executives that, when the qualification is specified, is designated by Order in Council as an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990 (bodies authorised to confer rights of audience or rights to conduct litigation).
An order under subsection (1) may, in relation to a qualification specified in the order, include provision as to when a person who holds the qualification is, for the purposes of section 50, to be taken first to have held it.
Where— the provision under subsection (1) specifying the qualification ceases to have effect, subject to any provision made under paragraph 33(1) of Schedule 4 to that Act (transitional and incidental provision in connection with revocation of authorised body’s designation).
a qualification is specified under subsection (1),
the qualification is one awarded by a body such as is mentioned in subsection (2)(b), and
after the qualification is specified under subsection (1), it becomes the case that the body —
is not designated for the purposes of section 27 of the Courts and Legal Services Act 1990, and
is not designated for the purposes of section 28 of that Act,
For the purposes of section 50 and this section, a person shall be taken first to become a solicitor when the person’s name is entered on the roll kept under section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all solicitors) for the first time after the person’s admission as a solicitor.
For the purposes of section 50 and this section, a person shall be taken first to become a barrister—
when the person completes pupillage in connection with becoming a barrister, or
in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.
For the purposes of section 50— shall be taken not to have a relevant qualification at times when, as a result of disciplinary proceedings, he is prevented from practising as a barrister or (as the case may be) as a solicitor or as a holder of the specified qualification.
a barrister,
a solicitor, or
a person who holds a qualification specified under subsection (1),
The Lord Chancellor may by order make provision supplementing or amending subsections (5) to (7).
Before making an order under subsection (1) or (8), the Lord Chancellor must consult—
the Lord Chief Justice of England and Wales, and
the Judicial Appointments Commission.
The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise his function under subsection (9)(a).
In this section—
“barrister” means barrister in England and Wales;
Power to make an order under this section is exercisable by statutory instrument.
An order under this section may make different provision for different purposes.
No order may be made under this section unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.
At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in subsection (11) is to be read as a reference to the Supreme Court.
This section applies for the purposes of section 50.
A person gains experience in law during a period if the period is one during which the person is engaged in law-related activities.
For the purposes of subsection (2), a person’s engagement in law-related activities during a period is to be disregarded if the engagement is negligible in terms of the amount of time engaged.
For the purposes of this section, each of the following is a “law-related activity”—
the carrying-out of judicial functions of any court or tribunal;
acting as an arbitrator;
practice or employment as a lawyer;
advising (whether or not in the course of practice or employment as a lawyer) on the application of the law;
assisting (whether or not in the course of such practice) persons involved in proceedings for the resolution of issues arising under the law;
acting (whether or not in the course of such practice) as mediator in connection with attempts to resolve issues that are, or if not resolved could be, the subject of proceedings;
drafting (whether or not in the course of such practice) documents intended to affect persons' rights or obligations;
teaching or researching law;
any activity that, in the relevant decision-maker’s opinion, is of a broadly similar nature to an activity within any of paragraphs (a) to (h).
For the purposes of this section, an activity mentioned in subsection (4) is a “law-related activity” whether it—
is done on a full-time or part-time basis;
is or is not done for remuneration;
is done in the United Kingdom or elsewhere.
In subsection (4)(i) “the relevant decision-maker”, in relation to determining whether a person satisfies the judicial-appointment eligibility condition on an N-year basis in a particular case, means—
where the condition applies in respect of appointment by Her Majesty to an office or other position, the person whose function it is to recommend the exercise of Her Majesty’s function of making appointments to that office or position;
where the condition applies in respect of appointment, by any person other than Her Majesty, to an office or other position, that person.
In subsection (6) “appointment”, in relation to an office or position, includes any form of selection for that office or position (whether called appointment or selection, or not).
The Constitutional Reform Act 2005 (c. 4) is amended as follows.
After section 94 insert—
After section 85(2) (restriction on recommendations and appointments) insert—
After section 85(3) (power to amend Schedule 14) add—
Section 97 (Scotland and Northern Ireland) is amended as follows.
In subsection (1)—
for “This section applies” substitute “Subsections (2) and (3) apply”, and
after paragraph (c) insert—.
After subsection (3) add—
Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement date for holders of certain judicial offices etc.) is amended as follows.
In subsection (12), in the definition of “the appropriate person”, after paragraph (c) insert;.
After subsection (12) insert—
In subsection (13) (Lord Chief Justices to exercise functions under section with concurrence of Lord Chancellor), after “Northern Ireland” insert “or the Senior President of Tribunals”.
In section 24(1) of the Courts Act 1971 (c. 23) (appointment of deputy Circuit judges and assistant recorders) for paragraph (a) substitute—.
Schedule 11 (which makes amendments to the Supreme Court Act 1981 (c. 54) and the County Courts Act 1984 (c. 28) in connection with the appointment and assignment of deputy district judges and the assignment of district judges) has effect.
Section 91 of the Supreme Court Act 1981 (which provides for persons to be appointed as deputies for holders of, or as temporary additional officers in, certain judicial offices) is amended as set out in subsections (2) to (5).
In subsection (1)—
for “the Lord Chief Justice, after consulting the Lord Chancellor,” substitute “the Lord Chancellor”, and
for “the Lord Chief Justice may, after consulting the Lord Chancellor,” substitute “the Lord Chancellor may”.
After subsection (1) insert—
For subsection (3) substitute—
In subsection (7) for “subsection (1)” substitute “subsection (1ZA)”.
In section 92(1) of the Supreme Court Act 1981 after “this section” insert “, to section 91(3)”.
Person appointed by the Lord Chancellor as a deputy for a holder of, or as a temporary additional officer in, an office listed in column 1 of Part 2 of Schedule 2 to the Supreme Court Act 1981 Section 91(1) of the Supreme Court Act 1981, unless subsection (1ZA) of that section applies to the appointment
After section 30(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (temporary assistants to Judge Advocate General) insert—
In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the procedure in sections 86 to 93, and section 96, of that Act applies), omit the entries relating to— Member of the Special Immigration Appeals Commission (appointed under paragraph 1(1) of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (c. 68)); Chairman of the Special Immigration Appeals Commission (appointed under paragraph 2 of that Schedule); Member of the Proscribed Organisations Appeal Commission (appointed under paragraph 1(1) of Schedule 3 to the Terrorism Act 2000 (c. 11)); Chairman of the Proscribed Organisations Appeal Commission (appointed under paragraph 1(2) of that Schedule); Member of the Pathogens Access Appeal Commission (appointed under paragraph 1(1) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (c. 24)); Chairman of the Pathogens Access Appeal Commission (appointed under paragraph 1(2) of that Schedule).
Section 1 of the Law Commissions Act 1965 (c. 22) is amended as follows.
After subsection (1) insert—
In subsection (2) before “Commissioners” insert “the other”.
In section 90(5)(a) of the Justice (Northern Ireland) Act 2002 (c. 26) (which provides that certain orders under that Act are subject to annulment in pursuance of a resolution of either House of Parliament), after “section 2(2)(a) or (c),” insert “5A(6),”.
Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).
The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.
Schedule 13—
amends some powers previously called powers to distrain, so that they become powers to use that procedure;
makes other amendments relating to Schedule 12 and to distress or execution.
The following are renamed—
writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are renamed writs of control;
warrants of execution are renamed warrants of control;
warrants of distress, unless the power they confer is exercisable only against specific goods, are renamed warrants of control.
This section and section 64 apply for the purposes of Schedule 12.
An individual may act as an enforcement agent only if one of these applies—
he acts under a certificate under section 64;
he is exempt;
he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.
An individual is exempt if he acts in the course of his duty as one of these—
a constable;
an officer of Revenue and Customs;
a person appointed under section 2(1) of the Courts Act 2003 (c. 39) (court officers and staff).
An individual is exempt if he acts in the course of his duty as an officer of a government department.
For the purposes of an enforcement power conferred by a warrant, an individual is exempt if in relation to the warrant he is a civilian enforcement officer, as defined in section 125A of the Magistrates' Courts Act 1980 (c. 43).
A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A certificate may be issued under this section—
by a judge assigned to a county court district;
in prescribed circumstances, by a district judge.
The Lord Chancellor must make regulations about certificates under this section.
The regulations may in particular include provision—
for fees to be charged for applications;
for certificates to be issued subject to conditions, including the giving of security;
for certificates to be limited to purposes specified by or under the regulations;
about complaints against holders of certificates;
about suspension and cancellation of certificates;
to modify or supplement Schedule 12 for cases where a certificate is suspended or cancelled or expires;
requiring courts to make information available relating to certificates.
A certificate under section 7 of the Law of Distress Amendment Act 1888 (c. 21) which is in force on the coming into force of this section has effect as a certificate under this section, subject to any provision made by regulations.
This Chapter replaces the common law rules about the exercise of the powers which under it become powers to use the procedure in Schedule 12.
The rules replaced include—
rules distinguishing between an illegal, an irregular and an excessive exercise of a power;
rules that would entitle a person to bring proceedings of a kind for which paragraph 66 of Schedule 12 provides (remedies available to the debtor);
rules of replevin;
rules about rescuing goods.
Where— this Part does not affect the continuing exercise of the power in relation to those goods.
by any provision of this Part a power becomes a power to use the procedure in Schedule 12, and
before the commencement of that provision, goods have been distrained or executed against, or made subject to a walking possession agreement, under the power,
In section 85(2) of the County Courts Act 1984 (c. 28) (under which writs of control give the district judge, formerly called the registrar, power to execute judgments or orders for payment of money) for “the registrar shall be” substitute “any person authorised by or on behalf of the Lord Chancellor is”.
In the Magistrates' Courts Act 1980 (c. 43) after section 125 insert—
For section 99 of the County Courts Act 1984 substitute—
If, at any time, the High Court is satisfied that a party to proceedings is unable to pay— the court may stay the execution of any writ of control issued in the proceedings, for whatever period and on whatever terms it thinks fit.
a sum recovered against him (by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), or
any instalment of such a sum,
The court may act under subsection (1) from time to time until it appears that the cause of the inability to pay has ceased.
In this section a party to proceedings includes every person, whether or not named as a party, who is served with notice of the proceedings or attends them.
The common law right to distrain for arrears of rent is abolished.
A landlord under a lease of commercial premises may use the procedure in Schedule 12 (taking control of goods) to recover from the tenant rent payable under the lease.
A landlord’s power under subsection (1) is referred to as CRAR (commercial rent arrears recovery).
In this Chapter “landlord”, in relation to a lease, means the person for the time being entitled to the immediate reversion in the property comprised in the lease.
That is subject to the following.
In the case of a tenancy by estoppel, a person is “entitled to the immediate reversion” if he is entitled to it as between himself and the tenant.
If there are joint tenants of the immediate reversion, or if a number of persons are entitled to the immediate reversion as between themselves and the tenant—
“landlord” means any one of them;
CRAR may be exercised to recover rent due to all of them.
If the immediate reversion is mortgaged, “landlord” means—
the mortgagee, if he has given notice of his intention to take possession or enter into receipt of rents and profits;
otherwise, the mortgagor.
Subsection (5) applies whether the lease is made before or after the mortgage is created, but CRAR is not exercisable by a mortgagee in relation to a lease that does not bind him.
Where a receiver is appointed by a court in relation to the immediate reversion, CRAR is exercisable by the receiver in the name of the landlord.
Any authorisation of a person to exercise CRAR on another’s behalf must be in writing and must comply with any prescribed requirements.
This Chapter applies to any other person entitled to exercise CRAR as it applies to a landlord.
“Lease” means a tenancy in law or in equity, including a tenancy at will, but not including a tenancy at sufferance.
A lease must be evidenced in writing.
References to a lease are to a lease as varied from time to time (whether or not the variation is in writing).
This section applies for the purposes of this Chapter.
A lease (A) is of commercial premises if none of the demised premises is—
let under lease A as a dwelling,
let under an inferior lease (B) as a dwelling, or
occupied as a dwelling.
The “demised premises” in this section include anything on them.
“Let as a dwelling” means let on terms permitting only occupation as a dwelling or other use combined with occupation as a dwelling.
Premises are not within subsection (1)(b) if letting them as a dwelling is a breach of a lease superior to lease B.
Premises are not within subsection (1)(c) if occupying them as a dwelling is a breach of lease A or a lease superior to lease A.
This section applies for the purposes of this Chapter.
“Rent” means the amount payable under a lease (in advance or in arrear) for possession and use of the demised premises, together with—
any interest payable on that amount under the lease, and
any value added tax chargeable on that amount or interest.
“Rent” does not include any sum in respect of rates, council tax, services, repairs, maintenance, insurance or other ancillary matters (whether or not called “rent” in the lease).
The amount payable for possession and use of the demised premises, where it is not otherwise identifiable, is to be taken to be so much of the total amount payable under the lease as is reasonably attributable to possession and use.
Where a rent is payable under or by virtue of Part 2 of the Landlord and Tenant Act 1954 (c. 56), the amount payable under the lease for possession and use of those premises is to be taken to be that rent.
This section applies for the purposes of this Chapter except sections 71 and 85.
CRAR is not exercisable except to recover rent that meets each of these conditions—
it has become due and payable before notice of enforcement is given;
it is certain, or capable of being calculated with certainty.
The amount of any rent recoverable by CRAR is reduced by any permitted deduction.
CRAR is exercisable only if the net unpaid rent is at least the minimum amount immediately before each of these—
the time when notice of enforcement is given;
the first time that goods are taken control of after that notice.
The minimum amount is to be calculated in accordance with regulations.
The net unpaid rent is the amount of rent that meets the conditions in subsection (1), less—
any interest or value added tax included in that amount under section 76(1)(a) or (b), and
any permitted deductions.
Regulations may provide for subsection (5)(a) not to apply in specified cases.
Permitted deductions, against any rent, are any deduction, recoupment or set-off that the tenant would be entitled to claim (in law or equity) in an action by the landlord for that rent.
If notice of enforcement is given in exercise (or purported exercise) of CRAR the court may make either or both of these orders on the application of the tenant—
an order setting aside the notice;
an order that no further step may be taken under CRAR, without further order, in relation to the rent claimed.
Regulations may make provision about—
the further orders that may be made for the purposes of subsection (1)(b);
grounds of which the court must be satisfied before making an order or further order.
In this section “the court” means the High Court or a county court, as rules of court may provide.
When the lease ends, CRAR ceases to be exercisable, with these exceptions.
CRAR continues to be exercisable in relation to goods taken control of under it—
before the lease ended, or
under subsection (3).
CRAR continues to be exercisable in relation to rent due and payable before the lease ended, if the conditions in subsection (4) are met.
These are the conditions—
the lease did not end by forfeiture;
not more than 6 months has passed since the day when it ended;
the rent was due from the person who was the tenant at the end of the lease;
that person remains in possession of any part of the demised premises;
any new lease under which that person remains in possession is a lease of commercial premises;
the person who was the landlord at the end of the lease remains entitled to the immediate reversion.
In deciding whether a person remains in possession under a new lease, section 74(2) (lease to be evidenced in writing) does not apply.
In the case of a tenancy by estoppel, the person who was the landlord remains “entitled to the immediate reversion” if the estoppel with regard to the tenancy continues.
A lease ends when the tenant ceases to be entitled to possession of the demised premises under the lease together with any continuation of it by operation of an enactment or of a rule of law.
This section applies to the exercise of CRAR where the premises concerned are an agricultural holding.
CRAR is not exercisable to recover rent that became due more than a year before notice of enforcement is given.
For the purposes of subsection (2), deferred rent becomes due at the time to which payment is deferred.
“Deferred rent” means rent the payment of which has been deferred, according to the ordinary course of dealing between the landlord and the tenant, to the end of a quarter or half-year after it legally became due.
The permitted deductions under section 77(7) at any time include any compensation due to the tenant in respect of the holding, under the 1986 Act or under custom or agreement, that has been ascertained at that time.
In this section—
The following offices are abolished— General Commissioner; clerk to the General Commissioners for a division; assistant clerk to the General Commissioners for a division. In consequence of sub-paragraph (1), sections 2 and 3 of the Taxes Management Act 1970 cease to have effect. In this paragraph—
The Administrative Justice and Tribunals Council. The First-tier Tribunal. The Scottish Committee of the Administrative Justice and Tribunals Council. The Upper Tribunal. The Welsh Committee of the Administrative Justice and Tribunals Council.
The Administrative Justice and Tribunals Council. The Scottish Committee of the Administrative Justice and Tribunals Council. The Welsh Committee of the Administrative Justice and Tribunals Council.
The Transport and Works Act 1992 is amended as follows.
In section 185(8) of the Pension Schemes Act 1993 (consultation about regulations), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
The Employment Tribunals Act 1996 is amended as follows.
The Administrative Justice and Tribunals Council. The Scottish Committee of the Administrative Justice and Tribunals Council. The Welsh Committee of the Administrative Justice and Tribunals Council.
The Title Conditions (Scotland) Act 2003 is amended as follows.
In section 25 of the Civil Contingencies Act 2004 (consultation in connection with establishment of tribunal), in each of subsections (1), (2)(b), (3) and (6), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
For the purposes of this Part of this Schedule— Where— the person shall be treated for the purposes of paragraphs 6 and 7 as not having held immediately before the relevant day any of the actual offices that the person held on a non-salaried basis at that time. For the purposes of sub-paragraph (2)—
Sub-paragraphs (2) and (3) apply where, immediately before the relevant day, the person— The person’s personal retirement date under this paragraph is the later day mentioned in sub-paragraph (1)(b), subject to sub-paragraph (3). If— the person’s personal retirement date under this paragraph is the latest (or later) of those later days.
Sub-paragraph (3) applies in respect of a person on each day that— Sub-paragraph (3) also applies in respect of a person on each day that— Where this sub-paragraph applies in respect of a person on a day, the fact that the person has attained the age of 70 shall not (by itself) render him ineligible for appointment (or re-appointment) on that day to a relevant judicial office. For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.
The Inclosure Act 1773 is amended as follows.
In the Judgments Act 1838 omit section 12 (sheriff may seize money, banknotes, etc.).
The County Courts Act 1984 is amended as follows.
Omit section 19 of the Housing Act 1988.
In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the Lord Chancellor), in paragraph 4, omit the entry for the Law of Distress Amendment Act 1888.
In section 22 (validity of orders authorising works), in subsections (1)(b) and (2)(b), for “1971” substitute “1992”.
Before section 4 insert—
In section 104(1) (rules as to when certain orders of Lands Tribunal take effect), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
Section 4 (expenses how to be defrayed) is amended as follows. For “levied by distress and sale of the goods and chattels of” substitute “recovered, by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), from”. Omit the words from “rendering” to the end.
Section 116 ceases to have effect.
Section 23 (inquiries etc. held by person appointed to determine application) is amended as follows. In subsection (9)— After that subsection insert—
In section 4 (composition of employment tribunals), in each of subsections (2), (6), (6A) and (6B)(a) (which refer to the person who is the chairman of an employment tribunal), after “the person mentioned in subsection (1)(a) alone” insert “or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal”.
In section 126 (rules as to fees chargeable by Lands Tribunal in relation to functions under Act), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
Section 16 (assessments to be levied for the improving of wastes where there are stinted commons) is amended as follows. For “levied by distress and sale of the goods and chattels of” substitute “recovered, by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), from”. Omit the words from “rendering” to the end.
In section 139, for subsection (1)(c) substitute—.
In sections 4(4), 18(8) and 40(1), after “The Secretary of State” insert “and the Lord Chancellor, acting jointly,”.
In section 5(1) (pay), for paragraph (c) substitute—.
After section 5 insert—
Section 7A (practice directions) is amended as follows. Before subsection (1) insert— In subsection (1)— In subsection (2), for “by the President” substitute “under subsection (A1) or (1)(a)”. After subsection (2) insert— In subsection (3), after “references to the” insert “territorial”.
After section 7A insert—
In section 15(1) (enforcement in England and Wales as an order of a county court), for the words from “shall, if a county court so orders,” to the end substitute “shall be recoverable by execution issued from a county court or otherwise as if it were payable under an order of a county court.”
After section 24 insert—
In section 27(1)(a) (payment of appointed members of Employment Appeal Tribunal), after “members,” insert “and”.
Section 28 (composition of Employment Appeal Tribunal) is amended as follows. In subsection (4) (appeals from employment tribunal consisting of chairman alone), for the words from “question” to “section 4(1)(a) alone” substitute “chairman-alone question”. After subsection (4) insert—
After section 29 insert—
In section 30(3) (Employment Appeal Tribunal to regulate its own procedure, subject to procedure rules), after the words “Appeal Tribunal procedure rules” insert “and directions under section 28(1) or 29A(1)”.
This section applies where CRAR is exercisable by a landlord to recover rent due and payable from a tenant (the immediate tenant).
The landlord may serve a notice on any sub-tenant.
The notice must state the amount of rent that the landlord has the right to recover from the immediate tenant by CRAR (the “notified amount”).
When it takes effect the notice transfers to the landlord the right to recover, receive and give a discharge for any rent payable by the sub-tenant under the sub-lease, until—
the notified amount has been paid (by payments under the notice or otherwise), or
the notice is replaced or withdrawn.
A notice under this section takes effect at the end of a period to be determined by regulations.
Regulations may state—
the form of a notice under this section;
what it must contain;
how it must be served;
what must be done to withdraw it.
In determining for the purposes of this section whether CRAR is exercisable, section 77 applies with these modifications—
if notice of enforcement has not been given, references to that notice are to be read as references to the notice under this section;
if goods have not been taken control of, section 77(3)(b) does not apply.
In this section and sections 82 to 84—
“sub-tenant” means a tenant (below the immediate tenant) of any of the premises comprised in the headlease (and “sub-lease” is to be read accordingly);
“headlease” means the lease between the landlord and the immediate tenant.
For any amount that a sub-tenant pays under a notice under section 81, he may deduct an equal amount from the rent that would be due to his immediate landlord under the sub-lease.
If an amount is deducted under subsection (1) or this subsection from rent due to a superior sub-tenant, that sub-tenant may deduct an equal amount from any rent due from him under his sub-lease.
Subsection (1) applies even if the sub-tenant’s payment or part of it is not due under the notice, if it is not due because—
the notified amount has already been paid (wholly or partly otherwise than under the notice), or
the notice has been replaced by a notice served on another sub-tenant.
That is subject to the following.
Subsection (1) does not apply if the landlord withdraws the notice before the payment is made.
Where the notified amount has already been paid (or will be exceeded by the payment), subsection (1) does not apply (or does not apply to the excess) if the sub-tenant has notice of that when making the payment.
Subsection (1) does not apply if, before the payment is made, payments under the notice at least equal the notified amount.
Subsection (1) does not apply to a part of the payment if, with the rest of the payment, payments under the notice at least equal the notified amount.
Where the notice has been replaced by one served on another sub-tenant, subsection (1) does not apply if the sub-tenant has notice of that when making the payment.
A notice under section 81 is replaced if the landlord serves another notice on the same sub-tenant for a notified amount covering the same rent or part of that rent.
A notice under section 81 served on one sub-tenant is also replaced if—
the landlord serves a notice on another sub-tenant for a notified amount covering the same rent or part of that rent, and
in relation to any of the premises comprised in the first sub-tenant’s sub-lease, the second sub-tenant is an inferior or superior sub-tenant.
The landlord must withdraw a notice under section 81 if any of these happens—
the notice is replaced;
the notified amount is paid, unless it is paid wholly by the sub-tenant.
For the purposes of the recovery of sums payable by a sub-tenant under a notice under section 81 (including recovery by CRAR), the sub-tenant is to be treated as the immediate tenant of the landlord, and the sums are to be treated as rent accordingly.
But those sums (as opposed to rent due from the immediate tenant) are not recoverable by notice under section 81 served on an inferior sub-tenant.
Any payment received by the landlord that the sub-tenant purports to make under a notice under section 81, and that is not due under the notice for any reason, is to be treated as a payment of rent by the immediate tenant, for the purposes of the retention of the payment by the landlord and (if no rent is due) for the purposes of any claim by the immediate tenant to recover the payment.
But subsection (3) does not affect any claim by the sub-tenant against the immediate tenant.
A provision of a contract is void to the extent that it would do any of these—
confer a right to seize or otherwise take control of goods to recover amounts within subsection (2);
confer a right to sell goods to recover amounts within subsection (2);
modify the effect of section 72(1), except in accordance with subsection (3).
The amounts are any amounts payable—
as rent;
under a lease (other than as rent);
under an agreement collateral to a lease;
under an instrument creating a rentcharge;
in respect of breach of a covenant or condition in a lease, in an agreement collateral to a lease or in an instrument creating a rentcharge;
under an indemnity in respect of a payment within paragraphs (a) to (e).
A provision of a contract is not void under subsection (1)(c) to the extent that it prevents or restricts the exercise of CRAR.
In this section—
“Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
Schedule 14 makes minor and consequential amendments (including repeals of powers to distrain for rentcharges and other amounts within section 85(2)).
In this Chapter—
The Lord Chancellor may appoint a person to be one of the judges of the First-tier Tribunal. A person is eligible for appointment under sub-paragraph (1) only if the person— Section 52(2) to (5) (meaning of “gain experience in law”) apply for the purposes of sub-paragraph (2)(d), but as if section 52(4)(i) referred to the Lord Chancellor instead of to the relevant decision-maker.
This paragraph applies— If the terms of the person’s appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office— Subject to sub-paragraph (2) (and to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office in accordance with the terms of his appointment.
In this paragraph “ex officio member of the First-tier Tribunal” means a person who is a member of the First-tier Tribunal by virtue of— The Lord Chancellor may pay to an ex officio member of the First-tier Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—
This paragraph applies to any power by which— may be removed from office. If the person exercises functions wholly or mainly in Scotland, the power may be exercised only with the concurrence of the Lord President of the Court of Session. If the person exercises functions wholly or mainly in Northern Ireland, the power may be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland. If neither of sub-paragraphs (2) and (3) applies, the power may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.
In this paragraph “judge by request of the Upper Tribunal” means a person who is a judge of the Upper Tribunal but— A judge by request of the Upper Tribunal may act as a judge of the Upper Tribunal only if requested to do so by the Senior President of Tribunals. Such a request made to a person who is a judge of the Upper Tribunal by virtue of section 5(1)(g) may be made only with— The Lord Chancellor may pay to a judge by request of the Upper Tribunal, or a person who is a judge of the Upper Tribunal by virtue of section 5(1)(d), such amounts (if any) as the Lord Chancellor may determine by way of—
The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges and other members of the Upper Tribunal (in their capacities as such judges and other members).
The Senior President of Tribunals has— The functions under sub-paragraph (1) are to be exercised in accordance with the following provisions of this Part of this Schedule.
Sub-paragraph (2) applies to a person if— Each person to whom this sub-paragraph applies— A judge or other member of the Upper Tribunal to whom sub-paragraph (2) does not apply— The Senior President of Tribunals may assign a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence— The Senior President of Tribunals may end the assignment of a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence of the Chamber President of the chamber. Sub-paragraph (4)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the Upper Tribunal. Sub-paragraphs (4)(a) and (5) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts). Sub-paragraphs (4) and (5) do not apply where the judge concerned is the Senior President of Tribunals himself.
The Lord Chancellor must by order make provision, in relation to every matter that may fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter. Where an order under sub-paragraph (1) provides for a matter to be decided by a single member of a tribunal, the order— Where an order under sub-paragraph (1) provides for a matter to be decided by two or more members of a tribunal, the order— A duty under sub-paragraph (1), (2) or (3) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals, or a Chamber President, in accordance with any provision made under that sub-paragraph. Power under paragraph (b) of sub-paragraph (2) or (3) to provide for the determination of anything may be exercised by giving, to the Senior President of Tribunals or a Chamber President, power to determine that thing in accordance with any provision made under that paragraph. Where under sub-paragraphs (1) to (4) a matter is to be decided by two or more members of a tribunal, the matter may, if the parties to the case agree, be decided in the absence of one or more (but not all) of the members chosen to decide the matter. Where the member, or any of the members, of a tribunal chosen to decide a matter does not have any qualification that he is required to have under sub-paragraphs (2)(b), or (3)(b), and (5), the matter may despite that, if the parties to the case agree, be decided by the chosen member or members. Before making an order under this paragraph, the Lord Chancellor must consult the Senior President of Tribunals. In this paragraph “qualification” includes experience.
In the following provisions of this Part of this Schedule—
“first-instance decision” means the decision in relation to which permission (or leave) to appeal is being sought under section 11(4)(b);
In this Schedule— In this Schedule—
The Bills of Sale Act (1878) Amendment Act 1882 is amended as follows.
Section 6 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (mode of enforcing orders) is amended as follows. In subsection (3), after “distress” insert “, control”. After subsection (3) insert—
In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954 (power of Agricultural Land Tribunal to award costs), in subsection (3) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
In section 7 (bill of sale with power to seize except in certain events to be void), in paragraph (2) after “distrained” insert “, or taken control of using the power in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,”.
In section 14 (bill of sale not to protect chattels against poor and parochial rates), after “warrant” insert “, or subject to a warrant of control,”.
The Council is to consist of— Of the appointed members—
There is to be a Scottish Committee of the Council (referred to in this Schedule as “the Scottish Committee”) for the purpose of exercising the functions conferred on it by any statutory provision. The Scottish Committee is to consist of—
There is to be a Welsh Committee of the Council (referred to in this Schedule as “the Welsh Committee”) for the purpose of exercising the functions conferred on it by any statutory provision. The Welsh Committee is to consist of—
The Lord Chancellor must pay such remuneration as he may determine to each of the following— The Lord Chancellor may pay such fees as he may determine to— The Lord Chancellor may pay such expenses as he may determine to— In sub-paragraph (3) “expenses” includes (in particular) subsistence allowances and travelling expenses.
The Council is to— Those persons are— The Council may make such reports as it considers appropriate on any of the matters mentioned in sub-paragraph (1). In this paragraph “the administrative justice system” means the overall system by which decisions of an administrative or executive nature are made in relation to particular persons, including—
This paragraph has effect for the purposes of paragraphs 14(1)(c) and 15(c). The referral of any matter falls within this paragraph if it is referred to the Council jointly by— In addition—
The Council may not make a report on any matter relating only to Wales until the Council— Where the Council proposes to make a report on a matter that relates to Wales but not only to Wales, the Council must give the Welsh Committee details of the matter. The Welsh Committee may of its own motion make a report to the Council on any of the following matters so far as relating to Wales— If— the Welsh Committee may submit its report to the Welsh Ministers. Where the Welsh Committee— the Council must send a copy of the report to the Lord Chancellor or (as the case may be) the Scottish Ministers. The Welsh Ministers must lay before the National Assembly for Wales any report submitted to them under sub-paragraph (4). In sub-paragraph (3)(a) “the administrative justice system” has the meaning given by paragraph 13(4).
A member of any of— may attend (as observer) proceedings of a listed tribunal or of a statutory inquiry. The right under sub-paragraph (1) applies even in respect of proceedings— The right under sub-paragraph (1) is subject to any statutory provision by which members of the Council, members of the Scottish Committee or members of the Welsh Committee are expressly excluded from proceedings.
Using the procedure in this Schedule to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule and regulations under it. In this Schedule a power to use the procedure to recover a particular sum is called an “enforcement power”. The following apply in relation to an enforcement power. “Debt” means the sum recoverable. “Debtor” means the person liable to pay the debt or, if two or more persons are jointly or jointly and severally liable, any one or more of them. “Creditor” means the person for whom the debt is recoverable.
The Distress for Rent Act 1689 ceases to have effect.
In the Distress for Rent Act 1737 the following cease to have effect—
sections 1 to 10;
sections 16 and 17;
section 19.
The Metropolitan Police Courts Act 1840 ceases to have effect.
In section 112 of the Inclosure Act 1845 (recovery of rents of allotment) for “by distress” substitute “under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery)”.
The Landlord and Tenant Act 1851 ceases to have effect. This paragraph extends only to England and Wales.
The Railway Rolling Stock Protection Act 1872 ceases to have effect. This paragraph extends only to England and Wales.
The Law of Property Act 1925 is amended as follows.
In section 85 of the Agriculture Act 1970 (exemption for certain sales), in paragraph (d) after “warrant of distress” insert “or warrant of control”.
For section 6(1)(a) (instruction to employer to make deductions from debtor’s earnings) substitute—. After section 6(1) insert— In section 6(5) (order to specify normal deduction and protected earnings rates), for “the order” substitute “a Schedule 3 deductions order”.
After section 9 insert—
Section 15(1) is amended as follows. In paragraph (b) (obligation to notify of court of earnings under new employment) at the beginning insert “if the order is a Schedule 3 deductions order,”. In paragraph (c) (obligation of employer to notify court of debtor’s new employment and earnings) for “and include” insert “and, if the order is a Schedule 3 deductions order, include”.
The Senior President of Tribunals may lay before Parliament written representations on matters that appear to him to be matters of importance relating—
to tribunal members, or
otherwise to the administration of justice by tribunals.
This paragraph applies for the purposes of paragraph 25. The Scottish Ministers are the authority responsible for a tribunal if— Those powers are— In the case of a tribunal that exercises functions in relation to Scotland and also exercises those or other functions in relation to somewhere other than Scotland, the Scottish Ministers are the authority responsible for the tribunal to the extent that it exercises functions in relation to Scotland if at least one of the powers referred to in sub-paragraph (5) is exercisable as mentioned in sub-paragraph (6). Those powers are— Power is exercisable as mentioned in this sub-paragraph if it is exercisable— and is not exercisable by them or him jointly or concurrently with a Minister of the Crown.
The Tribunals and Inquiries Act 1992 is amended as follows.
Section 17(3) of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land where recipient has died: exceptions where relating to court or tribunal etc. proceedings) is amended as follows. For paragraph (b) substitute—. For “within the meaning of section 8 of the Tribunals and Inquiries Act 1992” substitute “within the meaning given by paragraph 28 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007”.
The County Courts Act 1984 is amended as set out in paragraphs 6 to 9.
In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (certain offices to which appointments are made by the Lord Chancellor)—
in the entry for a deputy district judge in a district registry of the High Court, omit “in a district registry of the High Court”, and
in the entry for a deputy district judge for a county court district, omit “for a county court district”.
Section 429 of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual) is amended as follows. For subsections (1) and (2) substitute— In subsection (3) for “a person” in the first place substitute “an individual”. In subsection (4) for “a person” substitute “an individual”. In subsection (5) for “person” substitute “individual”.
Section 72 of the Charities Act 1993 (persons disqualified for being trustees of a charity) is amended as follows. In subsection (1)(f), for the words from “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order).”
Paragraph 4 of Schedule 1 to the Housing Act 1996 (power to remove director, trustee etc. of registered social landlord) is amended as follows. In sub-paragraph (2)(c), for the words from “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order);”.
Schedule 2 to the Police Reform Act 2002 (the Independent Police Complaints Commission) is amended as follows. In paragraph 1(5) (grounds for removal of chairman), in paragraph (e)(ii), for the words from “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order);”. In paragraph 2(6) (grounds for removal of ordinary members), in paragraph (e)(ii), for the words from “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order);”.
Omit section 5 (recommendations of Council as to appointment of members of tribunals).
In section 6 (district judges), after subsection (6) insert—
Section 440 (extent: Scotland) is amended as follows. In subsection (2)(c) (provisions in the third Group of Parts that do not extend to Scotland) for “section 429(1) and (2)” substitute “section 429(1) to (2A)”.
In section 6, subsections (1) to (3) (chairman of a tribunal presided over by a Child Support Commissioner, and chairman of a reserve forces reinstatement committee, to be selected from panels appointed by Lord Chancellor or Lord President of the Court of Session) cease to have effect.
Section 8 (deputy district judges) is amended as follows. For subsection (1) (appointment and powers of deputy district judges) substitute— In subsection (1A)(a) (duration of appointment as deputy district judge of person who previously held office as district judge), for “if he has previously held office as a district judge,” substitute “if subsection (1ZB) applies to the appointment,”. After subsection (1A) insert— After subsection (3) insert—
In section 8 (procedural rules for tribunals), after subsection (1) insert—
In section 9 (qualifications for appointment as a district judge, or as a deputy district judge for a county court district)—
omit “, or deputy district judge”, and
in the heading, after “Qualifications” insert “for appointment as district judge”.
Omit section 8 (procedural rules for tribunals).
In section 147(1) (interpretation of Act), in the definition of “officer” (which provides that “officer”, in relation to a county court, includes a district judge or deputy district judge of that court), for the words after “means” and before “and any clerk” substitute “any district judge or deputy district judge assigned to that court”.
In section 9 (power of Lord Chancellor, after consulting the Council, to make rules of procedure for statutory inquiries), after subsection (3) insert—
This paragraph applies to a person holding office as a deputy district judge under section 8 of the County Courts Act 1984 (c. 28) by virtue of an appointment made before the commencement of paragraph 7 (“the commencement date”). If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 8(1ZB) of that Act had applied to his appointment (and had been complied with). If sub-paragraph (2) does not apply, the person is to be treated after the commencement date as appointed under section 8(1) of that Act. The person is to be treated after the commencement date as assigned under section 8(1B) of that Act to the county court district for which he was appointed.
In section 14(1) (restricted application of Act in relation to certain tribunals)—
for “the working or a decision of, or procedural rules for,” substitute “a decision of”, and
for “working, decisions or procedure” substitute “decisions”.
In section 16(1) (interpretation)—
“Council” means the Administrative Justice and Tribunals Council,
“enactment” includes an Act of the Scottish Parliament,
“Scottish Committee” means the Scottish Committee of the Administrative Justice and Tribunals Council,
“Welsh Committee” means the Welsh Committee of the Administrative Justice and Tribunals Council.
In section 109 (powers etc. of receiver appointed by mortgagee), in subsection (3), for “, distress” substitute “or under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery)”.
Section 121(2) ceases to have effect.
In section 150 (surrender of a lease, without prejudice to underleases with a view to the grant of a new lease), in subsection (5), for “by distress or” substitute “under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) or by”.
In section 162 (restrictions on the perpetuity rule) in subsection (1) omit paragraph (a).
In section 189 (indemnities against rents) omit subsection (1).
Section 190 (equitable apportionment of rents and remedies for non-payment or breach of covenant) is amended as follows. Omit subsection (2). For subsections (4) and (5) substitute— In subsection (7) omit “owner or”.
“proceedings” means proceedings before the First-tier Tribunal or proceedings before the Upper Tribunal.
Paragraphs 56 and 57 apply to securities as controlled goods.
This Schedule applies as follows where an interest of the debtor’s in goods is assigned or transferred while the property in the goods is bound for the purposes of an enforcement power, and the enforcement agent— These apply as if the assignee or transferee were a co-owner of the goods with the debtor— If the interest of the assignee or transferee was acquired in good faith, for valuable consideration and without notice, paragraph 50(6) applies as if “co-owner” included the assignee or transferee. If the interest of the assignee or transferee was not acquired in good faith, for valuable consideration and without notice, the enforcement agent must pay any surplus under paragraph 50(5) to the assignee or transferee and to the debtor (if he retains an interest). If the surplus is payable to two or more persons it must be paid in shares proportionate to their interests. Paragraph 5(3) and (4) (“good faith” and “notice”) apply for the purposes of this paragraph.
The Agricultural Holdings Act 1986 is amended as follows.
In section 179 of the Water Industry Act 1991 (vesting of works in undertaker) in subsection (4)(b) omit “or to the landlord’s remedy for rent”.
Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143 of the 1980 Act) is amended as follows. Section 112N(1) (administration orders: failure to provide information) £250
Omit section 13 of the Courts and Legal Services Act 1990.
The Police Act 1996 is amended as follows. In paragraph 11 of Schedule 2 (disqualification for being appointed as or being member of a police authority), in sub-paragraph (1)(c), for “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or”. In paragraph 7 of Schedule 2A (disqualification for being appointed as or being member of the Metropolitan Police Authority), in sub-paragraph (1)(c), for the words from “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or”.
Paragraph 3 of Schedule 3 to the Criminal Justice and Police Act 2001 (persons disqualified for being appointed as or being member of the Central Police Training and Development Authority) is amended as follows. In sub-paragraph (1)(b), for the words from “section 429(2)(b)” to the end substitute “section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or”.
Section 98 of the Courts Act 2003 (register of judgments and orders) is amended as follows. In subsection (1)(c) (administration orders) for “section 112” substitute “Part 6”.
In Part 4 of Schedule 28 to the Local Government, Planning and Land Act 1980 (acquisition of rights), in paragraph 23(4) for “sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
In Part 3 of Schedule 5 to the Channel Tunnel Act 1987 (supplementary provisions as to acquisition of land), in paragraph 8(d) for “sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
In Part 3 of Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (acquisition of rights), in paragraph 23(2) for “sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
In Part 2 of Schedule 5 to the Postal Services Act 2000 (acquisition of land and rights: procedure etc), in paragraph 10, for “sheriff’s warrant” there is substituted “enforcement officer’s or sheriff’s warrant”.
Before the Lord Chancellor may recommend a person for appointment to the office of Senior President of Tribunals, the Lord Chancellor must consult— Sub-paragraphs (3) and (4) apply if— The Lord Chancellor must recommend the person for appointment to the office of Senior President of Tribunals, subject to sub-paragraph (4). Where the person— the Lord Chancellor must, instead of recommending the person for appointment, consult afresh under sub-paragraph (1). If the Lord Chancellor has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, the Lord Chancellor must make a request to the Judicial Appointments Commission for a person to be selected for recommendation for appointment to the office of Senior President of Tribunals.
Her Majesty, on the recommendation of the Lord Chancellor, may appoint a person to be one of the judges of the Upper Tribunal. A person is eligible for appointment under sub-paragraph (1) only if the person— Section 52(2) to (5) (meaning of “gain experience in law”) apply for the purposes of sub-paragraph (2)(d), but as if section 52(4)(i) referred to the Lord Chancellor instead of to the relevant decision-maker.
This paragraph applies— If the terms of the person’s appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office— Subject to sub-paragraph (2) (and to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office as a judge, or other member, of the Upper Tribunal in accordance with the terms of his appointment.
The Lord Chancellor may appoint a person to be a deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate. A person is eligible for appointment under sub-paragraph (1) only if he is eligible to be appointed under paragraph 1(1) (see paragraph 1(2)). Sub-paragraphs (4) and (5) apply— A person to whom this sub-paragraph applies is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the terms of his appointment (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)). The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—
Sub-paragraph (2) applies to a person (“J”)— J must take the required oaths before— A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him— In this paragraph “the required oaths” means (subject to sub-paragraph (5))— as set out in the Promissory Oaths Act 1868 (c. 72). Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the Upper Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—
The following are listed tribunals for the purposes of this Schedule— In addition, an authority may by order provide for a tribunal to be a listed tribunal for the purposes of this Schedule if, or to the extent that, the tribunal is one for which the authority is responsible. For the purposes of sub-paragraph (2)— An order under sub-paragraph (2) may include— The power under sub-paragraph (2) may not be exercised so as to cause a tribunal to be a listed tribunal for any purpose of this Schedule so far as it exercises functions with respect to relevant Northern Ireland matters; and for this purpose a matter is a “relevant Northern Ireland matter” if legislation providing for the matter would be within the legislative competence of the Northern Ireland Assembly. The power under sub-paragraph (2) may not be exercised so as to cause a tribunal to be a listed tribunal for any purpose of this Schedule if the tribunal is established otherwise than by or under a statutory provision. Sub-paragraph (4) is not to be taken to prejudice the generality of section 49(3).
In this Schedule— References in this Schedule to members of tribunals include references to the person constituting a tribunal consisting of one person. In sub-paragraph (1) “1992 Act inquiry” means—
Paragraphs 48 and 49 apply to securities as controlled goods.
Paragraphs 53 and 54 apply to controlled goods other than—
securities;
money to which paragraph 37(1) does not apply.
The Railways Clauses Act 1863 is amended as follows.
In section 41 of the Administration of Justice Act 1970 (recovery of costs and compensation awarded by magistrates etc.) in subsection (3) for “writ of fieri facias” substitute “writ of control”.
In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions) after subsection (3) insert—
The Magistrates' Courts Act 1980 is amended as follows.
The County Courts Act 1984 is amended as follows.
“distress” includes use of the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and references to levying distress, seizing goods and related expressions shall be construed accordingly;
The Value Added Tax Act 1994 is amended as follows.
In Schedule 17 to the Financial Services and Markets Act 2000 (the ombudsman scheme), in paragraph 16(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Schedule 5 to the Finance Act 2001 (aggregates levy: recovery and interest) is amended as follows.
The Courts Act 2003 is amended as follows.
In Part 2 of Schedule 19 to the Highways Act 1980 (compulsory acquisition of rights: adaptation of 1965 Act), in paragraph 9 for “sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
In Part 3 of Schedule 10 to the Housing Act 1988 (acquisition of rights), in paragraph 23(2), for “sheriff’s warrant” substitute “enforcement officer’s or sheriff’s warrant”.
In Part 3 of Schedule 4 to the Channel Tunnel Rail Link Act 1996 (supplementary provisions as to acquisition of land), in paragraph 9(5), for “sheriff’s warrant” there is substituted “enforcement officer’s or sheriff’s warrant”.
Regulations may make provision about how securities are to be held and disposed of. In this Schedule, references to disposal include, in relation to securities, realising the sums secured or made payable by them, suing for the recovery of those sums or assigning the right to sue for their recovery. Regulations may in particular make provision for purposes corresponding to those for which provision is made in this Schedule in relation to the disposal of other controlled goods. The power to make regulations under this paragraph is subject to paragraph 49.
Controlled goods are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 40 (notice of sale) within the permitted period. Controlled goods are abandoned if they are unsold after a sale of which notice has been given in accordance with that paragraph. Regulations may prescribe other circumstances in which controlled goods are abandoned.
In this section as it applies in England and Wales— for “levied by distress” substitute “recovered using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)”; for “warrant of distress” substitute “warrant of control”.
Section 76 (enforcement of sums adjudged to be paid) is amended as follows. In subsection (1) for “issue a warrant of distress for the purpose of levying the sum” substitute “issue a warrant of control for the purpose of recovering the sum”. In subsection (2)(a)— In subsection (2)(b) for “warrant of distress” substitute “warrant of control”.
Section 85 (execution of judgments or orders for payment of money) is amended as follows. In subsection (1), for the words from “by execution” to the end substitute “under a warrant under subsection (2).” In subsection (2)— After that subsection insert— Omit subsection (3).
In section 48 (VAT representatives), in subsection (7A) after “enforcement” insert “by taking control of goods or, in Northern Ireland,”.
After paragraph 14 insert—
In Part 9 of Schedule 5 (operation of collection orders after increase imposed), in paragraph 38(1)(a), for “warrant of distress” substitute “warrant of control”.
The creditor may sue in the name of the debtor, or in the name of any person in whose name the debtor might have sued, for the recovery of any sum secured or made payable by securities, when the time of payment arrives. Before any proceedings under sub-paragraph (1) are commenced or the securities are otherwise disposed of, the enforcement agent must give notice of the disposal to the debtor and any co-owner. Regulations must state— The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations. Any notice must be given within the permitted period. Unless extended the permitted period is 12 months beginning with the time of payment. Any extension must be by agreement in writing between the creditor and debtor before the end of the period. They may extend the period more than once.
If controlled goods are abandoned then, in relation to the enforcement power concerned, the following apply— Regulations may make further provision about arrangements under sub-paragraph (1)(b), including in particular provision about the disposal of goods uncollected after a prescribed period. Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.
In this section as it applies in England and Wales for “warrant of distress” substitute “warrant of control”.
In section 77 (postponement of issue of warrant), in subsection (1) for “warrant of distress” substitute “warrant of control”.
Section 86 (execution of orders for payment by instalments) is amended as follows. In subsection (1) for “execution on the order” substitute “a warrant of control to recover any of that sum”. In subsection (2)— In subsection (3)—
After section 67 (failure to notify and unauthorised invoices) insert—
This paragraph extends only to Northern Ireland.
In Schedule 6 (discharge of fines by unpaid work), in paragraph 2(1)(a)(i), for “warrant of distress” substitute “warrant of control”.
Section 79 (release from custody and reduction of detention on payment) is amended as follows. In subsection (1)— In subsection (2)— After subsection (3) insert—
Section 87 (execution to be superseded on payment) is amended as follows. In subsection (1)— Omit subsection (2). For the heading “Execution to be superseded on payment” substitute “Indorsement of amount on warrant”.
In section 68 (breach of walking possession agreements) for subsection (5) substitute—
Schedule 7 (High Court writs of execution) is amended as follows. But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule. For paragraph 6 substitute— Omit paragraph 8(5).
In section 80 (application of money found on defaulter to satisfy sum adjudged), in subsection (2) for “distress” substitute “goods”.
Omit sections 89 to 91.
In section 81 (enforcement of fines imposed on young offenders) in subsections (1) and (3) for “distress” substitute “goods”.
In section 92 (penalty for rescuing goods seized), after subsection (2) insert—
Section 82 (restriction on power to impose imprisonment for default) is amended as follows. In subsection (3), for “distress” substitute “goods”. In subsection (4A)(a), for “warrant of distress” substitute “warrant of control”.
Omit sections 93 to 100.
In section 87 (enforcement of payment of fines by High Court and county court) in subsection (1) for “writ of fieri facias” substitute “writ of control”.
In section 101 (interpleader by district judge), after subsection (3) insert—
Section 87A (fines imposed on companies) is amended as follows. In subsection (1)(b), for “warrant of distress” substitute “warrant of control”. For subsection (1)(c) substitute—. At the end insert—
Omit sections 102 and 103.
In section 88 (supervision pending payment) in subsections (4) and (6) for “distress” substitute “goods”.
In section 104 (information as to writs and warrants of execution) in subsection (2) for “A bailiff of a county court” substitute “The person to whom a warrant issued by a county court is directed”.
In section 96 (civil debt: complaint for non-payment), in subsection (1) for “distress” substitute “goods”.
Omit section 123.
In section 120 (forfeiture of recognizance), in subsection (4) for “warrant of distress” substitute “warrant of control”.
Section 124 (liability of bailiff for neglect to levy execution) is amended as follows. In subsection (1)— In subsection (2)—
In section 125 (warrants) subsection (2) is amended as follows. For “warrant of distress”, in the first place, substitute “warrant of control”. Omit the words from “This subsection” to the end.
In section 125 (irregularity in executing warrants) in subsection (1) after “but” insert “, except in the case of a warrant of control (to which Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 applies),”.
Section 125A (civilian enforcement officers) is amended as follows. In subsection (3), for “distress” substitute “control”. In subsection (3A), for “distress” substitute “control”. In subsection (4), for “against whom distress is levied” substitute “, in the case of a warrant of control, against whom the warrant is issued”.
Section 126 (actions against bailiffs acting under warrants) is amended as follows. In subsection (3) omit the words from “but” to the end. In subsection (4)— After subsection (4) insert—
In section 125B (execution by approved enforcement agency), in subsection (4) for “against whom distress is levied” substitute “, in the case of a warrant of control, against whom the warrant is issued”.
In section 147 (interpretation) in subsection (1) omit the definition of “bailiff”.
In section 125CA (power to make disclosure order), in subsection (2) for “distress” substitute “control”.
Section 125D (execution by person not in possession of warrant) is amended as follows. Omit subsection (3)(c). In subsection (4), for “against whom distress is levied” substitute “, in the case of a warrant of control, against whom the warrant is issued”.
In section 133 (consecutive terms of imprisonment) in subsections (4) and (5) for “distress” substitute “goods”.
Section 150 (interpretation) is amended as follows. In subsection (1) in the definitions of “impose imprisonment” and “sentence”, for “distress” substitute “goods”. After subsection (3) insert—
Omit section 151.
In Schedule 4A (powers of authorised officers executing warrants), omit paragraph 3.
Securities are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 49 (notice of disposal) within the permitted period. Securities are abandoned if they are not disposed of in accordance with a notice of disposal under that paragraph. Regulations may prescribe other circumstances in which securities are abandoned.
Omit sections 16 to 19.
If securities are abandoned then, in relation to the enforcement power concerned, the following apply— Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.
In section 24 (restriction of landlord’s remedies for breach of contract of tenancy) omit “, by distress or otherwise,”.
After consultation with the Scottish Ministers and the Welsh Ministers, the Lord Chancellor must nominate one of the appointed members to be chairman of the Council. The chairman of the Council is to hold and vacate that office in accordance with the terms of his nomination, but—
The Scottish Ministers must nominate one of the members mentioned in paragraph 4(2)(c) to be chairman of the Scottish Committee. The chairman of the Scottish Committee is to hold and vacate that office in accordance with the terms of his nomination, but—
The Welsh Ministers must nominate one of the members mentioned in paragraph 7(2)(c) to be chairman of the Welsh Committee. The chairman of the Welsh Committee is to hold and vacate that office in accordance with the terms of his nomination, but—
The Council, the Scottish Committee and the Welsh Committee are not to be regarded—
as agents or servants of the Crown, or
as enjoying any status, immunity or privilege of the Crown.
In section 21(7E) of the Chronically Sick and Disabled Persons Act 1970 (procedural regulations in connection with appeals against refusal of application for disabled person’s badge), for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
The Administrative Justice and Tribunals Council. The First-tier Tribunal. The Scottish Committee of the Administrative Justice and Tribunals Council. The Upper Tribunal. The Welsh Committee of the Administrative Justice and Tribunals Council.
Omit section 24(2) of the Estate Agents Act 1979 (Council on Tribunals' right to attend hearings etc.).
The Courts and Legal Services Act 1990 is amended as follows.
The Lord Chancellor may by order make provision for a person— to be treated for the purposes of sub-paragraph (1) of paragraph 22 of Schedule 5 as falling within paragraph (a), (b) or (c) of that sub-paragraph. In sub-paragraph (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of section 30. The power under sub-paragraph (1) may not be exercised so as to provide for the Secretary of State to be treated as mentioned in that sub-paragraph.
This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15. If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.
In section 10 of the Pensions Act 1995 (civil penalties), in subsection (8A)(a) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
Section 51 of the Finance Act 1997 (enforcement by distress) is amended as follows. Before subsection (1) insert— In subsection (1) after “by regulations” insert “not having effect in England and Wales or Scotland”. Omit subsection (7).
In section 5 of the Road Traffic (NHS Charges) Act 1999 (recovery of NHS charges), in subsection (4) (so far as it continues to have effect) for “by execution issued from the county court” substitute “under section 85 of the County Courts Act 1984”.
In section 104 of the Postal Services Act 2000 (inviolability of mails), in subsection (2) after paragraph (b) insert—.
Section 347 of the Insolvency Act 1986 (distress etc.) is amended as follows. In subsection (1) for the words from the beginning to “available” substitute “CRAR (the power of commercial rent arrears recovery under section 72(1) of the Tribunals, Courts and Enforcement Act 2007) is exercisable where the tenant is an undischarged bankrupt”. In subsection (2)— In subsection (5) for the words from the beginning to “upon” substitute “CRAR is not exercisable at any time after the discharge of a bankrupt against”. Omit subsections (6) and (7). Omit subsection (11).
In section 57 of the Leasehold Reform, Housing and Urban Development Act 1993 (terms on which new lease is to be granted), in subsection (2)(b)(ii) for “distress, re-entry or otherwise” substitute “re-entry or otherwise (subject to section 85 of the Tribunals, Courts and Enforcement Act 2007)”.
In section 5(3) (power of county court to direct existing attachment of earnings order to secure administration order), for the words in brackets substitute “(with the variation required by paragraph 11 of Schedule 3A and such other variations, if any, as the court thinks appropriate)”.
Section 17(3) (rules of court made in connection with consolidated attachment orders) is amended as follows. In paragraph (b) (rules relating to powers of court to which order etc transferred), after “vary” insert “, suspend”. In paragraph (e) (rules modifying or excluding statutory provisions), after “provisions of this Act” insert “, the fixed deductions scheme”.
In section 119(1) (interpretation), in the definition of “court”, for paragraph (a) (any tribunal kept under review by the Council on Tribunals) substitute—.
This paragraph applies if an enforcement agent is applying for power to enter premises under a warrant under paragraph 15. If the enforcement agent applies to the court it may include in the warrant provision authorising him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.
After section 17(3) insert—
Judge or other member of the First-tier Tribunal— appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act) Judge or other member of the Upper Tribunal— appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act) Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal
The court may not issue a warrant under paragraph 20 or include provision under paragraph 21 unless it is satisfied that prescribed conditions are met. A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.
Crown preference for the purposes of execution against goods is abolished.
This Part binds the Crown.
But the procedure in Schedule 12 may not be used—
to recover debts due from the Crown,
to take control of or sell goods of the Crown (including goods owned by the Crown jointly or in common with another person), or
to enter premises occupied by the Crown.
In this Part—
The following apply to regulations under this Part.
Any power to make regulations is exercisable by statutory instrument.
A statutory instrument containing regulations under paragraph 24(2) or 31(5) of Schedule 12 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In any other case a statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations may include any of these that the Lord Chancellor considers necessary or expedient—
supplementary, incidental or consequential provision;
transitory, transitional or saving provision.
Regulations may make different provision for different cases.
Schedule 15 makes amendments to the Attachment of Earnings Act 1971 (c. 32).
Those amendments are about the basis on which periodical deductions are to be made under an attachment of earnings order.
In particular, they provide that deductions under certain orders are to be made in accordance with a fixed deductions scheme made by the Lord Chancellor (rather than in accordance with Part I of Schedule 3 to the 1971 Act).
After section 15 of the Attachment of Earnings Act 1971 insert—
This section applies in relation to any attachment of earnings order, whether made before or after the commencement of this section.
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in section 15B(10)(b) of the Attachment of Earnings Act 1971 (c. 32) to 12 months is to be read as a reference to 6 months.
Subsections (2), (3) and (4) make amendments to the Charging Orders Act 1979 (c. 53).
In section 1 (charging orders), after subsection (5) insert—
In section 3 (provisions supplementing sections 1 and 2), after subsection (4) insert—
In section 6(2) (meaning of references to judgment or order of High Court or county court), for “section 1” substitute “sections 1 and 3”.
In section 313(4) of the Insolvency Act 1986 (c. 45) (charge on bankrupt’s home: certain provisions of section 3 of Charging Orders Act 1979 to apply), for the words before “section 3” substitute “Subsection (1), (2), (4), (5) and (6) of”.
This section does not apply in a case where a judgment or order of the High Court or a county court under which a debtor is required to pay a sum of money by instalments was made, or applied for, before the coming into force of this section.
In the Charging Orders Act 1979 (c. 53), after section 3 there is inserted—
A person who is the creditor in relation to a judgment debt may apply to the High Court or a county court for information about what kind of action it would be appropriate to take in court to recover that particular debt.
An application under subsection (1) must comply with any provision made in regulations about the making of such applications.
This section applies if the creditor in relation to a judgment debt makes an application for information under section 95.
The relevant court may make one or more of the following in relation to the debtor—
a departmental information request;
an information order.
The relevant court may exercise its powers under subsection (2) only if it is satisfied that to do so will help it to deal with the creditor’s application.
Before exercising its powers under subsection (2), the relevant court must give notice to the debtor that the court intends to make a request or order.
The relevant court may not make a departmental information request to the Commissioners unless regulations are in force that have been made under section 102(4) and (7) and relate to the use or disclosure of debtor information disclosed by the Commissioners.
The relevant court may disclose such information (including information identifying the debtor) as it considers necessary to assist the recipient of a request or order to comply with the request or order.
A disclosure under subsection (6) is not to be taken to breach any restriction on the disclosure of information (however imposed).
Nothing in this section is to be taken to prejudice any power that exists apart from this section to request or order the disclosure of information.
A departmental information request is a request for the disclosure of information held by, or on behalf of, a government department.
The request is to be made to the Minister of the Crown, or other person, who is in charge of the department.
In the case of a request made to the designated Secretary of State, the disclosure of some or all of the following information may be requested—
the full name of the debtor;
the address of the debtor;
the date of birth of the debtor;
the national insurance number of the debtor;
prescribed information.
In the case of a request made to the Commissioners, the disclosure of some or all of the following information may be requested—
whether or not the debtor is employed;
the name and address of the employer (if the debtor is employed);
the national insurance number of the debtor;
prescribed information.
In the case of any other request, the disclosure of prescribed information may be requested.
In this section—
An information order is an order of the relevant court which—
specifies a prescribed person (“the information discloser”),
specifies prescribed information relating to the debtor (“the required information”), and
orders the information discloser to disclose the required information to the relevant court.
In subsection (1) “prescribed” means prescribed in regulations.
Regulations under this section may be made by reference to—
particular persons or particular descriptions of person (or both);
particular information or particular descriptions of information (or both).
Regulations may, in particular, be made under this section so as to ensure that—
an information order made against a particular person, or a person of a particular description, may order that person to disclose only particular information, or information of a particular description;
an information order that orders the disclosure of particular information, or information of a particular description, may only be made against a particular person, or a person of a particular description.
Regulations under this section must not make provision that would allow the relevant court to order—
the disclosure of information by the debtor, or
the disclosure of information held by, or on behalf of, a government department.
This section applies if the relevant court makes a departmental information request.
The recipient of the request may disclose to the relevant court any information (whether held by the department or on its behalf) that the recipient considers is necessary to comply with the request.
A disclosure under subsection (2) is not to be taken to breach any restriction on the disclosure of information (however imposed).
Nothing in this section is to be taken to prejudice any power that exists apart from this section to disclose information.
An information discloser is not to be regarded as having breached an information order because of a failure to disclose some or all of the required information, if that failure is for one of the permitted reasons.
These are the permitted reasons—
the information provider does not hold the information;
the information provider is unable to ascertain whether the information is held, because of the way in which the information order identifies the debtor;
the disclosure of the information would involve the information discloser in unreasonable effort or expense.
It is to be presumed that a failure to disclose required information is for a permitted reason if—
the information discloser gives the relevant court a certificate that complies with subsection (4), and
there is no evidence that the failure is not for a permitted reason.
The certificate must state—
which of the required information is not being disclosed;
what the permitted reason is, or permitted reasons are, for the failure to disclose that information.
Any reference in this section to the information discloser holding, or not holding, information includes a reference to the information being held, or not being held, on the information discloser’s behalf.
This section applies if—
the creditor in relation to a judgment debt makes an application for information under section 95, and
information (“debtor information”) is disclosed to the relevant court in compliance with a request or order made under section 96.
The relevant court may use the debtor information for the purpose of making another request or order under section 96 in relation to the debtor.
The relevant court may use the debtor information for the purpose of providing the creditor with information about what kind of action (if any) it would be appropriate to take in court (whether the relevant court or another court) to recover the judgment debt.
If the creditor takes any action in the relevant court to recover the judgment debt, the relevant court may use the debtor information in carrying out functions in relation to that action.
If the creditor takes any action in another court to recover the judgment debt—
the relevant court may disclose the debtor information to the other court, and
the other court may use that information in carrying out functions in relation to that action.
Debtor information may be used or disclosed under any of subsections (3) to (5) only if—
regulations about such use or disclosure of information are in force, and
the use or disclosure complies with those regulations.
In addition, if the debtor information was disclosed by the Commissioners, the information may be used or disclosed under any of subsections (3) to (5) only with the consent of the Commissioners.
Consent for the purposes of subsection (7) may be given—
in relation to particular use or a particular disclosure, or
in relation to use, or a disclosure made, in such circumstances as may be specified or described in the consent.
The use or disclosure of information in accordance with this section is not to be taken to breach any restriction on the use or disclosure of information (however imposed).
Nothing in this section is to be taken to prejudice any power that exists apart from this section to use or disclose information.
This section applies if—
an application is made under section 95 in relation to recovery of a judgment debt (“the relevant judgment debt”),
a departmental information request or an information order is made in consequence of that application, and
information (“debtor information”) is disclosed in accordance with the request or order.
A person to whom the debtor information is disclosed commits an offence if he—
uses or discloses the debtor information, and
the use or disclosure is not authorised by any of subsections (3) to (6).
The use or disclosure of the debtor information is authorised if it is in accordance with section 101.
The use or disclosure of the debtor information is authorised if it is— and it is in accordance with regulations.
in accordance with an enactment or order of court, or
for the purposes of any proceedings before a court,
The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public.
The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (7).
Regulations may make provision about the circumstances, if any, in which rules of court may allow access to, or the supply of, information disclosed in accordance with a department information request or an information order.
It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the use or disclosure was lawful.
A person guilty of an offence under subsection (2) is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum, or to both.
It is for the Lord Chancellor to make information regulations.
But the Lord Chancellor may make the following regulations only with the agreement of the Commissioners—
regulations under section 97(4)(d);
regulations under section 102(4) or (7) so far as the regulations relate to the use or disclosure of debtor information disclosed by the Commissioners.
Information regulations are to be made by statutory instrument.
A statutory instrument containing information regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
But subsection (4) does not apply in the case of a statutory instrument that contains only—
regulations under section 95, or
regulations under section 97 which designate a Secretary of State for the purpose of that section.
In such a case, the statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “information regulations” means regulations under any of sections 95 to 102.
This section applies for the purposes of sections 95 to 103.
In those provisions—
Any reference to information held on behalf of a government department, or on behalf of an information discloser, includes a reference to any information which—
is held by a person who provides services to the department or to the information discloser, and
is held by that person in connection with the provision of those services.
Sections 95 to 104 apply in relation to any judgment debt, whether it became payable, or recoverable, before or after the commencement of those sections.
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in section 102(9)(b) to 12 months is to be read as a reference to 6 months.
For Part 6 of the County Courts Act 1984 (c. 28) (administration orders) substitute—
Schedule 16 makes amendments consequential on the substitution of the new Part 6 in the 1984 Act.
This section does not apply to any case in which an administration order was made, or an application for such an order was made, before the day on which this section comes into force.
After Part 6 of the County Courts Act 1984 (c. 28) (administration orders) insert—
Section 117K(1) (enforcement restriction orders: failure to provide information) £250
In section 98 of the Courts Act 2003 (c. 39) (register of judgments and orders etc.), in subsection (1), for paragraph (d) substitute—.
In the Second Group of Parts of the Insolvency Act 1986 (c. 45) (insolvency of individuals), before Part 8 there is inserted, as Part 7A, the Part set out in Schedule 17.
After Schedule 4 to that Act there is inserted, as Schedules 4ZA and 4ZB, the Schedules set out in Schedules 18 and 19.
Schedule 20 (which makes amendments consequential on provisions contained in Schedule 17) has effect.
A debt management scheme is a scheme that meets the conditions in this section.
The scheme must be open to some or all non-business debtors.
A scheme is open to a non-business debtor if it allows him to make a request to the scheme operator for a debt repayment plan to be arranged for him.
The scheme must provide that, if such a request is made—
a decision must be made about whether a debt repayment plan is to be arranged for the non-business debtor, and
such a plan must be arranged (if that is the decision made).
The scheme must be operated by a body of persons (whether a body corporate or not).
A debt repayment plan is a plan that meets the conditions in this section.
The plan must specify all of the debtor’s qualifying debts.
The plan must require the debtor to make payments in respect of each of the specified debts.
It does not matter if—
the plan requires payments of different amounts to be made in respect of a specified debt at different times;
the payments that the plan requires to be made in respect of a specified debt would, if all made, repay the debt only in part.
The supervising authority may approve one or more debt management schemes.
Regulations may make provision about any or all of the following—
conditions that must be met before the supervising authority may approve a debt management scheme;
considerations that the supervising authority must, or must not, take into account in deciding whether to approve a debt management scheme.
Regulations under this section may, in particular, make provision about conditions or considerations that relate to any matter listed in Schedule 21.
The supervising authority may approve a debt management scheme whether a body is—
operating the scheme at the time of the approval, or
proposing to operate the scheme from a time in the future.
Regulations may specify a procedure for making an application for approval of a debt management scheme.
Regulations under this section may, in particular, specify a procedure that requires any or all of the following—
an application to be made in a particular form;
information to be supplied in support of an application;
a fee to be paid in respect of an application.
The approval of a debt management scheme has effect subject to any relevant terms.
Relevant terms are—
the terms (if any) specified in regulations that relate to the approval, and
the terms (if any) that the supervising authority includes in the approval.
Relevant terms may, in particular, deal with all or any of the following—
the start of the approval;
the expiry of the approval;
the termination of the approval, including termination because of the breach of some other term.
Relevant terms may, in particular, impose requirements on the scheme operator.
Relevant terms may, in particular, relate to any matter listed in Schedule 21.
Regulations may make provision about terms that the supervising authority must, or must not, include in an approval.
This section applies if—
a debt repayment plan is arranged for a non-business debtor in accordance with an approved scheme, and
the plan comes into effect.
The debtor is discharged from the debts that are specified in the plan.
The discharge from a particular specified debt takes effect at the time when all the required payments have been made.
The required payments are the payments in respect of the debt that are required by the provision included in the plan in accordance with section 110(3).
This section applies during the currency of a debt repayment plan arranged in accordance with an approved scheme.
No qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless—
regulations provide otherwise, or
the creditor has the permission of a county court.
A county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.
The reference to the currency of a debt repayment plan is a reference to the period which—
begins when the plan first has effect, and
ends when the plan ceases to have effect.
This section applies in relation to a non-business debtor during a period of protection.
No qualifying creditor of the debtor is to pursue any remedy for the recovery of a qualifying debt, unless—
regulations provide otherwise, or
the creditor has the permission of a county court.
A county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.
This section does not have any effect in relation to bankruptcy proceedings.
This section applies in relation to a non-business debtor during a period of protection.
No qualifying creditor is to charge any sum by way of interest, fee or other charge in respect of a qualifying debt, unless—
regulations provide otherwise, or
the creditor has the permission of a county court.
A county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.
This section applies in relation to a non-business debtor during a period of protection.
In relation to the debtor, a domestic utility creditor is any person who—
provides the debtor with a supply of mains gas or mains electricity for the debtor’s own domestic purposes, and
is a creditor under a qualifying debt that relates to the provision of that supply.
No domestic utility creditor is to stop the supply of gas or electricity, or the supply of any associated services, except in the cases in subsections (4) to (7).
The first case is where the reason for stopping a supply relates to the non-payment by the debtor of charges incurred in connection with that supply after the start of the period of protection.
The second case is where the reason for stopping a supply is unconnected with the non-payment by the debtor of any charges incurred in connection with—
that supply, or
any other supply of mains gas or mains electricity, or of associated services, that is provided by the domestic utility creditor.
The third case is where regulations allow the supply to be stopped.
The fourth case is where a county court gives permission to stop a supply.
A county court may give permission for the purposes of subsection (7) subject to such conditions as it thinks fit.
A supply of mains gas is a supply of the kind mentioned in section 5(1)(b) of the Gas Act 1986 (c. 44).
A supply of mains electricity is a supply of the kind mentioned in section 4(1)(c) of the Electricity Act 1989 (c. 29).
This section applies if these conditions are met—
a debt repayment plan is arranged for a non-business debtor in accordance with an approved scheme;
proceedings in a county court (other than bankruptcy proceedings) are pending against the debtor in respect of a qualifying debt;
by virtue of section 116, the creditor under the qualifying debt is not entitled to continue the proceedings in respect of the debt;
the county court receives notice of the debt repayment plan.
The county court must stay the proceedings.
The court may allow costs already incurred by the creditor.
Subsection (5) applies if—
the court allows such costs, and
the qualifying debt is a specified debt.
The operator of the approved scheme may, if requested to do so by— add the costs to the amount specified in the plan in respect of the debt.
the non-business debtor, or
the creditor under the qualifying debt,
But the operator may not add the costs under subsection (5) if, under the terms of the approved scheme, the operator is under a duty to terminate the plan.
Regulations may make provision about the registration of either or both of the following—
any request made to the operator of an approved scheme for a debt repayment plan to be arranged in accordance with the scheme;
any debt repayment plan arranged for a non-business debtor in accordance with an approved scheme.
In subsection (1) “registration” means registration in the register maintained under section 98 of the Courts Act 2003 (c. 39) (the register of judgments and orders etc).
Regulations under this section may amend section 98 of the 2003 Act.
This section applies if—
a debt repayment plan is arranged for a debtor in accordance with an approved scheme, and
immediately before the plan is arranged, other debt management arrangements are in force in respect of the debtor.
The plan is not to come into effect unless the other debt management arrangements cease to be in force.
Any provision (whether in the plan or elsewhere) about when the plan is to come into effect is subject to subsection (2).
If the operator of the approved scheme is aware of the other debt management arrangements, the operator must give the relevant authority notice that the plan has been arranged.
In a case where the operator is aware of other debt management arrangements at the time the plan is arranged, it must give the notice as soon as practicable after the plan is arranged.
In a case where the operator becomes aware of those arrangements after the plan is arranged, it must give the notice as soon as practicable after becoming aware of them.
“Other debt management arrangements” means any of the following—
an administration order under Part 6 of the County Courts Act 1984 (c. 28);
an enforcement restriction order under Part 6A of the County Courts Act 1984;
a debt relief order under Part 7A of the Insolvency Act 1986 (c. 45).
“The relevant authority” means—
in relation to an administration order: the proper county court (within the meaning of Part 6 of the County Courts Act 1984);
in relation to an enforcement restriction order: the proper county court (within the meaning of Part 6A of the County Courts Act 1984);
in relation to a debt relief order: the official receiver.
For the purposes of this section a debt relief order is “in force” if the moratorium applicable to the order under section 251H of the Insolvency Act 1986 has not yet ended.
This section applies if a debt repayment plan is arranged for a debtor in accordance with an approved scheme.
An affected creditor may appeal to a county court against any of the following—
the fact that the plan has been arranged;
the fact that a debt owed to the affected creditor has been specified in the plan;
the terms of the plan (including any provision included in the plan in accordance with section 110(3)).
Subsection (2)(c) does not allow an affected creditor to appeal against the fact that a debt owed to any other creditor has been specified in the plan.
In this section “affected creditor” means the creditor under any debt which is specified in the plan.
This section applies if an appeal is made to a county court under section 122.
The county court may determine the appeal in any way that it thinks fit.
The county court may make such orders as may be necessary to give effect to the determination of the appeal.
The county court may, in particular, order the scheme operator to do any of the following—
to reconsider the decision to arrange the plan;
to reconsider any decision about the terms of the plan;
to modify the debt repayment plan;
to revoke the debt repayment plan.
The county court may make such interim provision as it thinks fit in relation to the period before the appeal is determined.
The county court is the county court to which the appeal is made.
The operator of an approved scheme may recover its costs by charging debtors or affected creditors (or both).
In this section—
Regulations may specify a procedure for terminating the approval of a debt management scheme.
Regulations under this section may, in particular, specify a procedure that requires any or all of the following—
notice of, or the reasons for, an intended termination to be given (whether to the supervising authority, the scheme operator, the Lord Chancellor or any other person);
conditions to be met before a termination takes effect;
a particular period of time to elapse before a termination takes effect.
The approval of a debt management scheme may be terminated only if the termination is in accordance with all of the following (so far as they are relevant)—
any terms to which the approval is subject by virtue of section 113;
any provision made in regulations under section 125;
any other provision made in other regulations under this Chapter.
Regulations may make provision to allow the supervising authority to deal with a termination case other than by terminating the approval.
A termination case is a case in which the supervising authority would be entitled to terminate the approval of a debt management scheme.
Regulations under this section may, in particular, make provision to allow the supervising authority to transfer the operation of the scheme—
to itself, or
to any other body.
Regulations may make provision about the effects if the approval of a debt management scheme comes to an end.
Regulations under this section may, in particular, make provision about the treatment of debt repayment plans arranged for non-business debtors before the scheme came to an end.
That includes provision to treat a plan—
as though the approval had not come to an end, or
as though the plan had been made in accordance with a different approved scheme.
Regulations under this section may, in particular, make provision about cases where, at the time the scheme comes to an end, the scheme operator is in breach of a relevant obligation.
That includes provision to ensure that the operator is not released from the relevant obligation by virtue of the termination.
In subsections (4) and (5) “relevant obligation” means any obligation (including a requirement or condition) however arising, that relates to—
the scheme in question (including its operation),
the approval of that scheme, or
the termination of that approval.
The supervising authority is—
the Lord Chancellor, or
any person that the Lord Chancellor has authorised to approve debt management schemes under section 111.
Subsections (3) and (4) apply in any case where an authorisation under subsection (1)(b) starts or ends.
The start or end of the authorisation does not affect the validity of an approval that is in force at the relevant time.
The new supervising authority may exercise all of its functions in relation to an approval that is in force at the relevant time as though it had given the approval itself.
In this section—
For the purposes of this Part of this Schedule, each of the following is a “tribunal member”— In this Part of this Schedule “tribunals” means—
The Lord Chancellor must consult the Senior President of Tribunals before the Lord Chancellor appoints under section 7(7) a person within— section 6(1)(a) (ordinary judge of Court of Appeal in England and Wales), section 6(1)(b) (Lord Justice of Appeal in Northern Ireland), section 6(1)(c) (judge of the Court of Session), or section 6(1)(d) (puisne judge of the High Court in England and Wales or Northern Ireland). If the Lord Chancellor, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the Lord Chancellor must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose. If the Lord Chancellor, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the Lord Chancellor must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose. If the Lord Chancellor, in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the Lord Chancellor must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose. If a judge is nominated under sub-paragraph (2), (3) or (4) in response to a request under that sub-paragraph, the Lord Chancellor must appoint the nominated judge as Chamber President of the chamber concerned.
The Lord Chancellor may appoint a person who is not a Deputy Chamber President of a chamber to be a Deputy Chamber President of a chamber. The Senior President of Tribunals may appoint a person who is a Deputy Chamber President of a chamber to be instead, or to be also, a Deputy Chamber President of another chamber. The power under sub-paragraph (1) is exercisable in any particular case only if the Lord Chancellor— A person is eligible for appointment under sub-paragraph (1) only if— If the Lord Chancellor, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the Lord Chancellor must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose. If the Lord Chancellor, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the Lord Chancellor must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose. If the Lord Chancellor, in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the Lord Chancellor must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose. If a judge is nominated under sub-paragraph (5), (6) or (7) in response to a request under that sub-paragraph, the Lord Chancellor must appoint the nominated judge as a Deputy Chamber President of the chamber concerned. A Deputy Chamber President is to hold and vacate office as a Deputy Chamber President in accordance with the terms of his appointment (subject to the Judicial Pensions and Retirement Act 1993 (c. 8)). The Lord Chancellor may pay to a Deputy Chamber President such amounts (if any) as the Lord Chancellor may determine by way of— In sub-paragraphs (1) and (2) “chamber” means chamber of the First-tier Tribunal or chamber of the Upper Tribunal.
Sub-paragraph (2) applies to a person (“the appointee”)— The appointee must take the required oaths before— A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him— Sub-paragraph (2) does not apply to the appointee if he has previously taken the required oaths in compliance with a requirement imposed on him under paragraph 9 of Schedule 2 or paragraph 10 of Schedule 3. In this paragraph “the required oaths” means (subject to sub-paragraph (6))— as set out in the Promissory Oaths Act 1868 (c. 72). Where it appears to the Lord Chancellor that the appointee will carry out functions under his appointment wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to the appointee “the required oaths” means—
The Council has the functions conferred on it by this Schedule or any other statutory provision.
The Council is to—
keep under review, and report on, the constitution and working of statutory inquiries, both in general and by reference to statutory provisions under which statutory inquiries of different descriptions may be held,
consider, and report on, any other matter—
that relates to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and
that the Council determines to be of special importance, and
consider, and report on, any particular matter referred to the Council—
that relates to statutory inquiries in general, to statutory inquiries of a particular description or to any particular statutory inquiry, and
whose referral to the Council falls within paragraph 16.
The Council may not make a report on any matter relating only to Scotland until the Council— Where the Council proposes to make a report on a matter that relates to Scotland but not only to Scotland, the Council must give the Scottish Committee details of the matter. The Scottish Committee may of its own motion make a report to the Council on any of the following matters so far as relating to Scotland— If— the Scottish Committee may submit its report to the Scottish Ministers. Where the Scottish Committee— the Council must send a copy of the report to the Lord Chancellor or (as the case may be) the Assembly. The Scottish Ministers must lay before the Scottish Parliament any report submitted to them under sub-paragraph (4). In sub-paragraph (3)(a) “the administrative justice system” has the meaning given by paragraph 13(4).
The Council must make an annual report on the proceedings of the Council to— The Scottish Committee must make an annual report to the Scottish Ministers on the proceedings of the Scottish Committee. The Welsh Committee must make an annual report to the Welsh Ministers on the proceedings of the Welsh Committee. The Lord Chancellor must lay before each House of Parliament a copy of any report made under sub-paragraph (1). The Scottish Ministers must lay before the Scottish Parliament a copy of any report made under sub-paragraph (1) or (2). The Welsh Ministers must lay before the National Assembly for Wales a copy of any report made under sub-paragraph (1) or (3).
Section 4 of the Attachment of Earnings Act 1971 (extension of power to make administration order) is amended as follows. For subsections (2) and (2A) substitute— In subsection (4) for “section 112” substitute “section 112J”.
It is for the Lord Chancellor to make regulations.
The power to make regulations is exercisable by statutory instrument.
A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
But subsection (3) does not apply in the case of a statutory instrument that contains either or both of the following—
the first regulations under a particular section of this Chapter;
any regulations under section 118(6);
any regulations under section 120 that amend section 98 of the Courts Act 2003 (c. 39);
any regulations that amend section 122 or 123.
In such a case the statutory instrument may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Regulations may make different provision in relation to different cases.
Regulations may make any or all of the following provision if the Lord Chancellor thinks it is necessary or expedient—
supplementary, incidental or consequential provision;
transitory, transitional or saving provision.
Provision under subsection (7) may, in particular, amend section 122 or 123 (including by making provision for further grounds of appeal).
In this section (except in subsection (4)(a) to (c)) “regulations” means regulations under any provision of this Chapter.
In this Chapter—
“debt repayment plan” has the meaning given by section 110;
Any reference to a county court is subject to rules of court as to the venue for, and transfer of, proceedings in county courts.
All debts are qualifying debts, except the following—
any debt secured against an asset;
in relation to a debt repayment plan which has been requested or arranged, any debt which could not, by virtue of the terms of the debt management scheme, be specified in the plan.
A business debt is any debt (whether or not a qualifying debt) which is incurred by a person in the course of a business.
A “period of protection”, in relation to a non-business debtor, is a period which begins and ends as specified in this section.
The period begins if, and when, the debtor makes a request to the operator of an approved scheme for a debt repayment plan to be arranged in accordance with the scheme.
The period ends as follows—
if a debt repayment plan is not arranged in consequence of the request: when the decision is made not to arrange the plan;
if a debt repayment plan is arranged in consequence of the request: when that plan ceases to have effect.
But if other debt management arrangements are in force in relation to debtor immediately before he makes the request, the period does not begin unless, and until, a debt repayment plan—
is arranged in consequence of the request, and
comes into effect in accordance with section 121(2).
In this section the reference to other debt management arrangements which are in force has the same meaning as such references in section 121.
An object is protected under section 135 if the conditions in subsection (2) are met when it enters the United Kingdom.
The conditions are—
the object is usually kept outside the United Kingdom,
it is not owned by a person resident in the United Kingdom,
its import does not contravene a prohibition or restriction on the import of goods, imposed by or under any enactment, that applies to the object, a part of it or anything it conceals,
it is brought to the United Kingdom for public display in a temporary exhibition at a museum or gallery, and
the museum or gallery has complied with any requirements prescribed by regulations made by the Secretary of State under this paragraph about the publication of specified information about the object.
A person owns an object for the purposes of subsection (2)(b) whether he owns it beneficially or not and whether alone or with others.
The protection continues—
only so long as the object is in the United Kingdom for any of the purposes in subsection (7), and
unless subsection (5) applies, for not more than 12 months beginning with the day when the object enters the United Kingdom.
The protection continues after the end of the period specified in subsection (4)(b) if the object has suffered damage while protected, and—
it is undergoing repair, conservation or restoration in the United Kingdom because of the damage, or
it is leaving the United Kingdom following repair, conservation or restoration because of the damage.
A new period of protection begins each time an object enters the United Kingdom and the conditions in subsection (2) are met.
The purposes mentioned in subsection (4)(a) are—
public display in a temporary exhibition at a museum or gallery;
going to or returning from public display in a temporary exhibition at a museum or gallery;
related repair, conservation or restoration;
going to or returning from related repair, conservation or restoration;
leaving the United Kingdom.
Repair, conservation or restoration is related if it is carried out in the United Kingdom and is done—
to prepare the object for public display in a temporary exhibition at a museum or gallery, or
because of damage suffered in the course of something within subsection (7).
The Secretary of State may make regulations requiring a museum or gallery to provide persons with specified information about an object in specified circumstances (which may include in particular compliance with conditions imposed by or under the regulations).
Regulations under this section—
may not be made without the consent of the Scottish Ministers, the Welsh Ministers and the Department for Culture, Art and Leisure in Northern Ireland, and
must be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
While an object is protected under this section it may not be seized or forfeited under any enactment or rule of law, unless—
it is seized or forfeited under or by virtue of an order made by a court in the United Kingdom, and
the court is required to make the order under, or under provision giving effect to, a Community obligation or any international treaty.
Protection under this section does not affect liability for an offence of importing, exporting or otherwise dealing with the object, but (subject to subsection (1)) any power of arrest or otherwise to prevent such an offence is not exercisable so as to prevent the object leaving the United Kingdom.
In this section, references to seizure or forfeiture in relation to an object include references to—
taking control of the object under Schedule 12 (in England and Wales);
execution or distress (in England and Wales or Northern Ireland);
diligence or sequestration (in Scotland);
seizure, confiscation or forfeiture, or any other measure relating to the custody or control of the object, in the course of a criminal investigation or criminal proceedings (against the owner, the museum or gallery or any other person);
the making or enforcement of an order relating to the custody or control of the object in civil proceedings (against the owner, the museum or gallery or any other person).
In this Part “museum or gallery” means an institution in the United Kingdom approved under this section by the appropriate authority.
The matters that the appropriate authority must have regard to when deciding whether to approve an institution include—
the institution’s procedures for establishing the provenance and ownership of objects, and
in particular, compliance by the institution with guidance about such procedures published by the Secretary of State from time to time.
The appropriate authority may withdraw approval from an institution if it thinks fit, and, in particular, if—
it thinks that the institution’s procedures for establishing the provenance or ownership of objects are inadequate (because of the institution’s failure to comply with guidance published by the Secretary of State or for some other reason), or
the institution has failed to comply with a requirement of regulations under section 134(9).
The withdrawal of approval from an institution does not affect the application of sections 134 and 135 to any object which is a protected object immediately before the withdrawal.
In this section “the appropriate authority” means—
the Secretary of State, in relation to an institution in England,
the Welsh Ministers, in relation to an institution in Wales,
the Scottish Ministers, in relation to an institution in Scotland, and
the Department for Culture, Art and Leisure, in relation to an institution in Northern Ireland.
The following apply for the purposes of this Part.
“Enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
“Public display” means display to which the public are admitted, on payment or not, but does not include display with a view to sale.
“Temporary exhibition” means an exhibition of one or more objects which is open to the public for a period of less than twelve months, whether at a single location or at a succession of locations.
A temporary exhibition is at a museum or gallery if it is held at or under the direction of the museum or gallery.
An individual is resident in the United Kingdom if he is ordinarily resident in the United Kingdom for the purposes of income tax, or would be if he were receiving income on which tax is payable.
The trustees of a settlement (or, in Scotland, the trustees of a trust) are resident in the United Kingdom if they are resident and ordinarily resident in the United Kingdom for the purposes of income tax, or would be if they were receiving income on which tax is payable.
A partnership (including a limited partnership) or unincorporated association is resident in the United Kingdom if it is established under the law of any part of the United Kingdom.
A body corporate is resident in the United Kingdom if it is incorporated under the law of any part of the United Kingdom.
“United Kingdom” includes the territorial sea adjacent to the United Kingdom (within the meaning given by section 1 of the Territorial Sea Act 1987 (c. 49)).
This Part binds the Crown.
Where any matter in relation to any lands is required to be done by an enforcement officer, the expression “the enforcement officer” means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003.
In section 91 of that Act (proceedings in case of refusal to deliver possession of lands)—
after “the sheriff” in the first place insert “or the enforcement officer”;
for “the sheriff” in the second place substitute “the person to whom it is issued”;
for “the sheriff” in the third place substitute “the person executing the warrant”;
after the existing words, which (as amended) become subsection (1), insert—
Subsections (1) and (2) extend only to England and Wales.
Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give possession to acquiring authority) is amended as follows.
to deliver possession of it to the person appointed in the warrant to receive it.
In subsection (2), for “the sheriff” substitute “the person to whom it is issued”.
After subsection (2) insert—
In subsection (3), for “the sheriff” substitute “the person executing the warrant”.
“the enforcement officer”, in relation to a warrant to deliver possession of land under this section, means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003, and
Schedule 22 makes consequential amendments.
Schedule 7 to the Courts Act 2003 (c. 39) (High Court writs of execution) is amended as follows.
After paragraph 3 insert—
Paragraph 4 is amended as set out in subsections (4) to (7).
In sub-paragraph (1), at the end insert “and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b)”.
The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—
“The relevant officer” means—
Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.
In paragraph 5, after “writ” insert “or warrant”.
In paragraph 12(2)(d)(ii), after “officers” insert “, or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b),”.
Accordingly—
in section 99 of that Act (High Court writs of execution), in subsection (1) at the end insert “and about warrants issued in connection with the compulsory acquisition of land”;
in Schedule 7 to that Act—
for the heading “High Court Writs of Execution” substitute “Enforcement of Certain Writs and Warrants”;
in the heading immediately preceding paragraph 1, for “of execution” substitute “and warrants”.
In section 31 of the Supreme Court Act 1981 (c. 54) (application for judicial review), for subsection (5) substitute—
In the Employment Tribunals Act 1996 (c. 17), after section 19 insert—
Section 28 of the Registered Designs Act 1949 (c. 88) (which provides that appeals under that Act from decisions of the Comptroller-General of Patents Designs and Trade Marks lie to the Appeal Tribunal established by that section) ceases to have effect.
After section 27 of that Act insert—
In section 249 of the Copyright, Designs and Patents Act 1988 (c. 48) (appeals as to terms of licence of right)—
in subsection (1), for “the Appeal Tribunal constituted under section 28 of the Registered Designs Act 1949” substitute “the court”, and
after that subsection insert—
In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of the Lord Chancellor) Part A of the list in paragraph 4 is amended as follows.
In the entry for the London Building Acts (Amendment) Act 1939 (c. xcvii) after “109(2)” insert “and (4)”.
Attachment of Earnings Act 1971 (c. 32) Section 6A Section 15B Schedule 3A
Charging Orders Act 1979 (c. 53) Section 3A
In the entries for the Supreme Court Act 1981 (c. 54) for “Section 91(6)” substitute “Section 91(1), (1A) and (6)”.
Section 85(2) Part 6 Part 6A
In the entry for section 26(5), (6) and (9) of the Judicial Pensions and Retirement Act 1993 (c. 8), for “and (9)” substitute “, (9) and (13)”.
Section 5A Section 7A Section 29A
Section 7(6A)
In the entries for the Nationality, Immigration and Asylum Act 2002 (c. 41)—
Section 107
in the entry for Schedule 4, for “and 7” substitute “, 7 and 14”.
Tribunals, Courts and Enforcement Act 2007 Part 1 Section 51 Part 3 Sections 95 to 102
The Lord Chancellor (or, in relation to Chapter 3 of Part 5 only, the Secretary of State) may by order make any supplementary, incidental, consequential, transitory, transitional or saving provision which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
An order under this section may in particular—
provide for any provision of this Act which comes into force before another to have effect, until that other provision has come into force, with modifications specified in the order;
amend, repeal or revoke any enactment other than one contained in an Act or instrument passed or made after the Session in which this Act is passed.
The amendments that may be made by an order under this section are in addition to those made by or under any other provision of this Act.
An order under this section may make different provision for different purposes.
The power to make an order under this section is exercisable by statutory instrument.
A statutory instrument containing an order under this section, unless it is an order to which subsection (7) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.
No order amending or repealing an enactment contained in an Act may be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
Schedule 23 contains repeals.
Parts 1, 2 and 6 and this Part extend to England and Wales, Scotland and Northern Ireland.
The other provisions of this Act extend only to England and Wales.
Subsections (1) and (2) are subject to subsections (4) and (5).
Unless provided otherwise, amendments, repeals and revocations in this Act extend to any part of the United Kingdom to which the provisions amended, repealed or revoked extend.
The following extend also to the Isle of Man—
section 143(1) and (2),
the repeal by this Act of any provision specified in Part 6 of Schedule 23 that extends to the Isle of Man,
sections 145 and 148(5) to (7) so far as relating to—
section 143(1) and (2), and
the provisions of this Act by which the repeals mentioned in paragraph (b) are effected, and
this section and section 149.
Section 60 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
The provisions of Chapter 3 of Part 5 come into force in accordance with provision made by the Lord Chancellor or the Secretary of State by order.
The provisions of Part 6 come into force, except as provided by subsection (4), in accordance with provision made by the Secretary of State by order.
The provisions of Part 6 come into force, in so far as they extend to Scotland, in accordance with provision made by the Scottish Ministers by order.
The remaining provisions of this Act, except sections 53, 55, 56, 57, 145, 147, 149, this section and Schedule 11, come into force in accordance with provision made by the Lord Chancellor by order.
An order under this section may make different provision for different purposes.
The power to make an order under this section is exercisable by statutory instrument.
This Act may be cited as the Tribunals, Courts and Enforcement Act 2007.