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Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

CONTENTS

Go to Preamble

  1. Part 1

    Tribunals and Inquiries

    1. Chapter 1

      Tribunal judiciary: independence and Senior President

      1. 1. Independence of tribunal judiciary

      2. 2. Senior President of Tribunals

    2. Chapter 2

      First-tier Tribunal and Upper Tribunal

      1. Establishment

        1. 3. The First-tier Tribunal and the Upper Tribunal

      2. Members and composition of tribunals

        1. 4. Judges and other members of the First-tier Tribunal

        2. 5. Judges and other members of the Upper Tribunal

        3. 6. Certain judges who are also judges of First-tier Tribunal and Upper Tribunal

        4. 7. Chambers: jurisdiction and Presidents

        5. 8. Senior President of Tribunals: power to delegate

      3. Review of decisions and appeals

        1. 9. Review of decision of First-tier Tribunal

        2. 10. Review of decision of Upper Tribunal

        3. 11. Right to appeal to Upper Tribunal

        4. 12. Proceedings on appeal to Upper Tribunal

        5. 13. Right to appeal to Court of Appeal etc.

        6. 14. Proceedings on appeal to Court of Appeal etc.

      4. “Judicial review”

        1. 15. Upper Tribunal’s “judicial review” jurisdiction

        2. 16. Application for relief under section 15(1)

        3. 17. Quashing orders under section 15(1): supplementary provision

        4. 18. Limits of jurisdiction under section 15(1)

        5. 19. Transfer of judicial review applications from High Court

        6. 20. Transfer of judicial review applications from the Court of Session

        7. 21. Upper Tribunal’s “judicial review” jurisdiction: Scotland

      5. Miscellaneous

        1. 22. Tribunal Procedure Rules

        2. 23. Practice directions

        3. 24. Mediation

        4. 25. Supplementary powers of Upper Tribunal

        5. 26. First-tier Tribunal and Upper Tribunal: sitting places

        6. 27. Enforcement

        7. 28. Assessors

        8. 29. Costs or expenses

    3. Chapter 3

      Transfer of tribunal functions

      1. 30. Transfer of functions of certain tribunals

      2. 31. Transfers under section 30: supplementary powers

      3. 32. Power to provide for appeal to Upper Tribunal from tribunals in Wales

      4. 33. Power to provide for appeal to Upper Tribunal from tribunals in Scotland

      5. 34. Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland

      6. 35. Transfer of Ministerial responsibilities for certain tribunals

      7. 36. Transfer of powers to make procedural rules for certain tribunals

      8. 37. Power to amend lists of tribunals in Schedule 6

      9. 38. Orders under sections 30 to 36: supplementary

    4. Chapter 4

      Administrative matters in respect of certain tribunals

      1. 39. The general duty

      2. 40. Tribunal staff and services

      3. 41. Provision of accommodation

      4. 42. Fees

      5. 43. Report by Senior President of Tribunals

    5. Chapter 5

      Oversight of administrative justice system, tribunals and inquiries

      1. 44. The Administrative Justice and Tribunals Council

      2. 45. Abolition of the Council on Tribunals

    6. Chapter 6

      Supplementary

      1. 46. Delegation of functions by Lord Chief Justice etc.

      2. 47. Co-operation in relation to judicial training, guidance and welfare

      3. 48. Consequential and other amendments, and transitional provisions

      4. 49. Orders and regulations under Part 1: supplemental and procedural provisions

  2. Part 2

    Judicial appointments

    1. 50. Judicial appointments: “judicial-appointment eligibility condition”

    2. 51. “Relevant qualification” in section 50: further provision

    3. 52. Meaning of “gain experience in law” in section 50

    4. 53. Transfer from salaried to fee-paid judicial office

    5. 54. Continuation of judicial office after normal retirement date

    6. 55. Appointment of deputy Circuit judges

    7. 56. Appointment of deputy district judges, etc.

    8. 57. Deputy, and temporary additional, Masters etc.

    9. 58. Appointment of temporary assistants to Judge Advocate General

    10. 59. Members and chairmen of certain Appeals Commissions

    11. 60. Appointment as Chairman of Law Commission

    12. 61. Orders permitting disclosures to Judicial Appointments Commission

  3. Part 3

    Enforcement by taking control of goods

    1. Chapter 1

      Procedure

      1. 62. Enforcement by taking control of goods

      2. 63. Enforcement agents

      3. 64. Certificates to act as an enforcement agent

      4. 65. Common law rules replaced

      5. 66. Pre-commencement enforcement not affected

      6. 67. Transfer of county court enforcement

      7. 68. Magistrates' courts warrants of control

      8. 69. County court warrants of control etc.

      9. 70. Power of High Court to stay execution

    2. Chapter 2

      Rent arrears recovery

      1. Abolition of common law right

        1. 71. Abolition of common law right

      2. Commercial rent arrears recovery

        1. 72. Commercial rent arrears recovery (CRAR)

        2. 73. Landlord

        3. 74. Lease

        4. 75. Commercial premises

        5. 76. Rent

        6. 77. The rent recoverable

        7. 78. Intervention of the court

        8. 79. Use of CRAR after end of lease

        9. 80. Agricultural holdings

      3. Right to rent from sub-tenant

        1. 81. Right to rent from sub-tenant

        2. 82. Off-setting payments under a notice

        3. 83. Withdrawal and replacement of notices

        4. 84. Recovery of sums due and overpayments

      4. Supplementary

        1. 85. Contracts for similar rights to be void

        2. 86. Amendments

        3. 87. Interpretation of Chapter

    3. Chapter 3

      General

      1. 88. Abolition of Crown preference

      2. 89. Application to the Crown

      3. 90. Regulations

  4. Part 4

    Enforcement of judgments and orders

    1. Attachment of earnings orders

      1. 91. Attachment of earnings orders: deductions at fixed rates

      2. 92. Attachment of earnings orders: finding the debtor’s current employer

    2. Charging orders

      1. 93. Payment by instalments: making and enforcing charging orders

      2. 94. Charging orders: power to set financial thresholds

    3. Information requests and orders

      1. 95. Application for information about action to recover judgment debt

      2. 96. Action by the court

      3. 97. Departmental information requests

      4. 98. Information orders

      5. 99. Responding to a departmental information request

      6. 100. Information order: required information not held etc.

      7. 101. Using the information about the debtor

      8. 102. Offence of unauthorised use or disclosure

      9. 103. Regulations

      10. 104. Interpretation

      11. 105. Application and transitional provision

  5. Part 5

    Debt management and relief

    1. Chapter 1

      Administration orders

      1. 106. Administration orders

    2. Chapter 2

      Enforcement restriction orders

      1. 107. Enforcement restriction orders

    3. Chapter 3

      Debt relief orders

      1. 108. Debt relief orders and debt relief restrictions orders etc.

    4. Chapter 4

      Debt management schemes

      1. Introductory

        1. 109. Debt management schemes

        2. 110. Debt repayment plans

      2. Approval of schemes

        1. 111. Approval by supervising authority

        2. 112. Applications for approval

        3. 113. Terms of approval

      3. Effect of plans etc.

        1. 114. Discharge from specified debts

        2. 115. Presentation of bankruptcy petition

        3. 116. Remedies other than bankruptcy

        4. 117. Charging of interest etc.

        5. 118. Stopping supplies of gas or electricity

        6. 119. Existing county court proceedings to be stayed

        7. 120. Registration of plans

        8. 121. Other debt management arrangements in force

      4. Appeals

        1. 122. Right of appeal

        2. 123. Dealing with appeals

      5. Approved schemes: charging

        1. 124. Charges by operator of approved scheme

      6. Termination of approval

        1. 125. Procedure for termination

        2. 126. Terminating an approval

        3. 127. Alternatives to termination

      7. Effects of end of approval

        1. 128. Effects of end of approval

      8. The supervising authority

        1. 129. The supervising authority

      9. Various

        1. 130. Regulations

        2. 131. Main definitions

        3. 132. Expressions relating to debts

        4. 133. Periods of protection

  6. Part 6

    Protection of cultural objects on loan

    1. 134. Protected objects

    2. 135. Effect of protection

    3. 136. Relevant museums and galleries

    4. 137. Interpretation

    5. 138. Crown application

  7. Part 7

    Miscellaneous

    1. Compulsory purchase

      1. 139. Enforcement by enforcement officers

      2. 140. Supplementary

    2. Judicial review

      1. 141. Judicial review: power to substitute decision

    3. Employment tribunals: ACAS

      1. 142. Recovery of sums payable under compromises involving ACAS

    4. Design rights: appeals

      1. 143. Appeals in relation to design rights

  8. Part 8

    General

    1. 144. Protected functions of the Lord Chancellor

    2. 145. Power to make supplementary or other provision

    3. 146. Repeals

    4. 147. Extent

    5. 148. Commencement

    6. 149. Short title

    1. Schedule 1

      Senior President of Tribunals

      1. Part 1

        Recommendations for appointment

      2. Part 2

        Selection by the Judicial Appointments Commission

      3. Part 3

        Terms of office

      4. Part 4

        Certain functions of the Senior President

    2. Schedule 2

      Judges and other members of the First-tier Tribunal

    3. Schedule 3

      Judges and other members of the Upper Tribunal

    4. Schedule 4

      Chambers and Chamber Presidents: further provision

      1. Part 1

        Chamber Presidents: appointment, delegation, deputies and further provision

      2. Part 2

        Judges and other members of chambers: assignment and jurisdiction

    5. Schedule 5

      Procedure in First-tier Tribunal and Upper Tribunal

      1. Part 1

        Tribunal Procedure Rules

      2. Part 2

        Tribunal Procedure Committee

      3. Part 3

        Making of Tribunal Procedure Rules by Tribunal Procedure Committee

      4. Part 4

        Power to amend legislation in connection with Tribunal Procedure Rules

    6. Schedule 6

      Tribunals for the purposes of sections 30 to 36

      1. Part 1

        Tribunals for the purposes of sections 30, 35 and 36

      2. Part 2

        Tribunals for the purposes of sections 30 and 35

      3. Part 3

        Tribunals for the purposes of sections 30 and 36

      4. Part 4

        Tribunals for the purposes of section 30

      5. Part 5

        Tribunals for the purposes of sections 35 and 36

      6. Part 6

        Tribunals for the purposes of section 35

      7. Part 7

        Tribunals for the purposes of section 32(3)

    7. Schedule 7

      Administrative Justice and Tribunals Council

      1. Part 1

        Members and committees

      2. Part 2

        Functions

      3. Part 3

        Council to be consulted on rules for listed tribunals

      4. Part 4

        Interpretation

    8. Schedule 8

      Tribunals and Inquiries: consequential and other amendments

    9. Schedule 9

      Tribunals: transitional provision

      1. Part 1

        General and miscellaneous

      2. Part 2

        Judges and other members of First-Tier and Upper Tribunals: retirement dates

      3. Part 3

        Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)

      4. Part 4

        Amendments to the Judicial Pensions and Retirement Act 1993

    10. Schedule 10

      Amendments relating to judicial appointments

      1. Part 1

        Amendments

      2. Part 2

        Amendments relating to enactments already repealed

    11. Schedule 11

      District judges and deputy district judges

    12. Schedule 12

      Taking control of goods

      1. Part 1

        Introductory

      2. Part 2

        The procedure

    13. Schedule 13

      Taking control of goods: amendments

    14. Schedule 14

      Rent arrears recovery: amendments

    15. Schedule 15

      Attachment of earnings orders: deductions at fixed rates

      1. Part 1

        Main amendments

      2. Part 2

        Consequential amendments

    16. Schedule 16

      Administration orders: consequential amendments

    17. Schedule 17

      Part 7A of the Insolvency Act 1986

    18. Schedule 18

      Schedule 4ZA to the Insolvency Act 1986

    19. Schedule 19

      Schedule 4ZB to the Insolvency Act 1986

    20. Schedule 20

      Debt relief orders: consequential amendments

      1. Part 1

        Amendments to the Insolvency Act 1986

      2. Part 2

        Amendments to other legislation

    21. Schedule 21

      Regulations under sections 111 and 113

    22. Schedule 22

      Compulsory purchase: consequential amendments

    23. Schedule 23

      Repeals

      1. Part 1

        Tribunals and Inquiries

      2. Part 2

        Judicial appointments

      3. Part 3

        Enforcement by taking control of goods

      4. Part 4

        Rent arrears recovery

      5. Part 5

        Administration orders

      6. Part 6

        Appeal Tribunal under section 28 of the Registered Designs Act 1949: abolition

An Act to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments and appointments to the Law Commission; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes.

[19th July 2007]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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