Legislation – Tribunals, Courts and Enforcement Act 2007

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Introduction

Part 1
Tribunals and Inquiries

Chapter 1 Tribunal judiciary: independence and Senior President

1 Independence of tribunal judiciary

2 Senior President of Tribunals

Chapter 2 First-tier Tribunal and Upper Tribunal

Establishment

3 The First-tier Tribunal and the Upper Tribunal

Members and composition of tribunals

4 Judges and other members of the First-tier Tribunal

5 Judges and other members of the Upper Tribunal

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

7 Chambers: jurisdiction and Presidents

8 Senior President of Tribunals: power to delegate

Review of decisions and appeals

9 Review of decision of First-tier Tribunal

10 Review of decision of Upper Tribunal

11 Right to appeal to Upper Tribunal

12 Proceedings on appeal to Upper Tribunal

13 Right to appeal to Court of Appeal etc.

14 Proceedings on appeal to Court of Appeal etc.

“Judicial review”

15 Upper Tribunal’s “judicial review” jurisdiction

16 Application for relief under section 15(1)

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

18 Limits of jurisdiction under section 15(1)

19 Transfer of judicial review applications from High Court

20 Transfer of judicial review applications from the Court of Session

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

Miscellaneous

22 Tribunal Procedure Rules

23 Practice directions

24 Mediation

25 Supplementary powers of Upper Tribunal

26 First-tier Tribunal and Upper Tribunal: sitting places

27 Enforcement

28 Assessors

29 Costs or expenses

Chapter 3 Transfer of tribunal functions

30 Transfer of functions of certain tribunals

31 Transfers under section 30: supplementary powers

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

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

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

35 Transfer of Ministerial responsibilities for certain tribunals

36 Transfer of powers to make procedural rules for certain tribunals

37 Power to amend lists of tribunals in Schedule 6

38 Orders under sections 30 to 36: supplementary

Chapter 4 Administrative matters in respect of certain tribunals

39 The general duty

40 Tribunal staff and services

41 Provision of accommodation

42 Fees

43 Report by Senior President of Tribunals

Chapter 5 Oversight of administrative justice system, tribunals and inquiries

44 The Administrative Justice and Tribunals Council

45 Abolition of the Council on Tribunals

Chapter 6 Supplementary

46 Delegation of functions by Lord Chief Justice etc.

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

48 Consequential and other amendments, and transitional provisions

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

Part 2
Judicial appointments

50 Judicial appointments: “judicial-appointment eligibility condition”

51 “Relevant qualification” in section 50: further provision

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

53 Transfer from salaried to fee-paid judicial office

54 Continuation of judicial office after normal retirement date

55 Appointment of deputy Circuit judges

56 Appointment of deputy district judges, etc.

57 Deputy, and temporary additional, Masters etc.

58 Appointment of temporary assistants to Judge Advocate General

59 Members and chairmen of certain Appeals Commissions

60 Appointment as Chairman of Law Commission

61 Orders permitting disclosures to Judicial Appointments Commission

Part 3
Enforcement by taking control of goods

Chapter 1 Procedure

62 Enforcement by taking control of goods

63 Enforcement agents

64 Certificates to act as an enforcement agent

65 Common law rules replaced

66 Pre-commencement enforcement not affected

67 Transfer of county court enforcement

68 Magistrates’ courts warrants of control

69 County court warrants of control etc.

70 Power of High Court to stay execution

Chapter 2 Rent arrears recovery

Abolition of common law right

71 Abolition of common law right

Commercial rent arrears recovery

72 Commercial rent arrears recovery (CRAR)

73 Landlord

74 Lease

75 Commercial premises

76 Rent

77 The rent recoverable

78 Intervention of the court

79 Use of CRAR after end of lease

80 Agricultural holdings

Right to rent from sub-tenant

81 Right to rent from sub-tenant

82 Off-setting payments under a notice

83 Withdrawal and replacement of notices

84 Recovery of sums due and overpayments

Supplementary

85 Contracts for similar rights to be void

86 Amendments

87 Interpretation of Chapter

Chapter 3 General

88 Abolition of Crown preference

89 Application to the Crown

90 Regulations

Part 4
Enforcement of judgments and orders

91 Attachment of earnings orders: deductions at fixed rates

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

93 Payment by instalments: making and enforcing charging orders

94 Charging orders: power to set financial thresholds

95 Application for information about action to recover judgment debt

96 Action by the court

97 Departmental information requests

98 Information orders

99 Responding to a departmental information request

100 Information order: required information not held etc.

101 Using the information about the debtor

102 Offence of unauthorised use or disclosure

103 Regulations

104 Interpretation

105 Application and transitional provision

Part 5
Debt management and relief

Chapter 1 Administration orders

106 Administration orders

Chapter 2 Enforcement restriction orders

107 Enforcement restriction orders

Chapter 3 Debt relief orders

108 Debt relief orders and debt relief restrictions orders etc.

Chapter 4 Debt management schemes

Introductory

109 Debt management schemes

110 Debt repayment plans

Approval of schemes

111 Approval by supervising authority

112 Applications for approval

113 Terms of approval

Effect of plans etc.

114 Discharge from specified debts

115 Presentation of bankruptcy petition

116 Remedies other than bankruptcy

117 Charging of interest etc.

118 Stopping supplies of gas or electricity

119 Existing county court proceedings to be stayed

120 Registration of plans

121 Other debt management arrangements in force

Appeals

122 Right of appeal

123 Dealing with appeals

Approved schemes: charging

124 Charges by operator of approved scheme

Termination of approval

125 Procedure for termination

126 Terminating an approval

127 Alternatives to termination

Effects of end of approval

128 Effects of end of approval

The supervising authority

129 The supervising authority

Various

130 Regulations

131 Main definitions

132 Expressions relating to debts

133 Periods of protection

Part 6
Protection of cultural objects on loan

134 Protected objects

135 Effect of protection

136 Relevant museums and galleries

137 Interpretation

138 Crown application

Part 7
Miscellaneous

139 Enforcement by enforcement officers

140 Supplementary

141 Judicial review: power to substitute decision

142 Recovery of sums payable under compromises involving ACAS

143 Appeals in relation to design rights

Part 8
General

144 Protected functions of the Lord Chancellor

145 Power to make supplementary or other provision

146 Repeals

147 Extent

148 Commencement

149 Short title

SCHEDULES

SCHEDULE 1 Senior President of Tribunals

SCHEDULE 2 Judges and other members of the First-tier Tribunal

SCHEDULE 3 Judges and other members of the Upper Tribunal

SCHEDULE 4 Chambers and Chamber Presidents: further provision

SCHEDULE 5 Procedure in First-tier Tribunal and Upper Tribunal

SCHEDULE 6 Tribunals for the purposes of sections 30 to 36

SCHEDULE 7 Administrative Justice and Tribunals Council

SCHEDULE 8 Tribunals and Inquiries: consequential and other amendments

SCHEDULE 9 Tribunals: transitional provision

SCHEDULE 10 Amendments relating to judicial appointments

SCHEDULE 11 District judges and deputy district judges

SCHEDULE 12 Taking control of goods

SCHEDULE 13 Taking control of goods: amendments

SCHEDULE 14 Rent arrears recovery: amendments

SCHEDULE 15 Attachment of earnings orders: deductions at fixed rates

SCHEDULE 16 Administration orders: consequential amendments

SCHEDULE 17 Part 7A of the Insolvency Act 1986

SCHEDULE 18 Schedule 4ZA to the Insolvency Act 1986

SCHEDULE 19 Schedule 4ZB to the Insolvency Act 1986

SCHEDULE 20 Debt relief orders: consequential amendments

SCHEDULE 21 Regulations under sections 111 and 113

SCHEDULE 22 Compulsory purchase: consequential amendments

SCHEDULE 23 Repeals

SCHEDULES

SCHEDULE 10Amendments relating to judicial appointments

Section 50

Part 1Amendments

1

(1)

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.

(2)

For paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In paragraphs (b) and (c), for “7” substitute “5”.

2

(1)

Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii) is amended as follows.

(2)

For subsection (1)(b) (tribunal of appeal: Lord Chancellor’s nominee) substitute—

“(b)

A person is eligible to be nominated by the Lord Chancellor under paragraph (a) or (h) of this subsection only if the person—

(i)

is a solicitor of the Senior Courts of England and Wales,

(ii)

is a barrister in England and Wales, or

(iii)

has a qualification that is specified under subsection (4) of this section;”.

(3)

After subsection (3) insert—

“(4)

The Lord Chancellor may by order specify a qualification for the purposes of paragraph (b) of subsection (1) of this section.

(5)

Subsections (2) to (4), (9), (10) and (12) to (14) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of and procedure for orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (4) of this section as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6)

For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken first to become a barrister—

(a)

when the person completes pupillage in connection with becoming a barrister, or

(b)

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.

(7)

For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (4) of this section, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.”

(4)

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.

3

(1)

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.

(2)

For paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In paragraphs (b) and (c), for “seven” substitute “five”.

4

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.”

5

(1)

Section 2(2) of the Lands Tribunal Act 1949 (c. 42) (President and members of Lands Tribunal) is amended as follows.

(2)

For paragraph (b) substitute—

“(b)

satisfies the judicial-appointment eligibility condition on a 5-year basis; or”.

(3)

In paragraph (c) and in the words after that paragraph, for “7” substitute “5”.

6

(1)

The Courts-Martial (Appeals) Act 1951 (c. 46) is amended as follows.

(2)

In section 31(1) (Judge Advocate General)—

(a)

for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)

in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “7”.

(3)

In section 31(2) (Vice Judge Advocate General and assistants)—

(a)

for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”, and

(b)

in paragraphs (b) and (c), for “7” (in each place where it occurs) substitute “5”.

7

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.”

8

(1)

Section 4(2) of the Taxes Management Act 1970 (c. 9) (Special Commissioners) is amended as follows.

(2)

For paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)

In paragraphs (b) and (c), for “10” substitute “7”.

9

(1)

The Courts Act 1971 (c. 23) is amended as follows.

(2)

In section 16(3) (Circuit judges), for paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)

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.”

(4)

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.”

10

(1)

Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) (tribunal chairmen) is amended as follows.

(2)

For sub-paragraph (i) substitute—

“(i)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In sub-paragraphs (ii) and (iii), for “7” substitute “5”.

11

(1)

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.

(2)

For paragraph (a) substitute—

“(a)

satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In paragraphs (b) and (c), for “seven” substitute “five”.

12

(1)

Paragraph 4(1)(a) of Schedule 3 to the Industry Act 1975 (c. 68) (presidents of arbitration tribunals) is amended as follows.

(2)

For sub-paragraph (i) substitute—

“(i)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”.

(3)

In sub-paragraph (ii), for “7” substitute “5”.

13

(1)

The Supreme Court Act 1981 (c. 54) is amended as follows.

(2)

In section 10(3) (Lord Justice of Appeal and puisne judge of High Court), in paragraphs (b) and (c), for sub-paragraph (i) substitute—

“(i)

he satisfies the judicial-appointment eligibility condition on a 7-year basis; or”.

(3)

For Schedule 2 (eligibility for appointment to certain offices) substitute—

“SCHEDULE 2List of offices in Senior Courts for purposes of Part 4

Sections 88 to 95

Part 1

Office

Persons qualified

Official Solicitor

A person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).

Part 2

Office

Persons qualified

Master, Queen’s Bench Division

A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals

A person who satisfies the judicial-appointment eligibility condition on a 7-year basis.

Admiralty Registrar

A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

Master, Chancery Division

A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

Registrar in Bankruptcy of the High Court

A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

Taxing Master of the Senior Courts

A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

District judge of the principal registry of the Family Division

  1. 1.

    A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

  2. 2.

    A district probate registrar who either—

    1. (a)

      is of at least 5 years’ standing, or

    2. (b)

      has, during so much of the 5 years immediately preceding his appointment as he has not been a district probate registrar, served as a civil servant in the principal registry or a district probate registry.

  3. 3.

    A civil servant who has served at least 7 years in the principal registry or a district probate registry.

Part 3

Office

Persons qualified

District probate registrar

  1. 1.

    A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

  2. 2.

    A civil servant who has served at least 5 years in the principal registry of the Family Division or a district probate registry.”

(4)

Part 2 of the Schedule substituted by sub-paragraph (3) of this paragraph shall have effect until the coming into force of section 45(6) of the Mental Capacity Act 2005 (c. 9) as if it also contained the following entry—

“Master of the Court of Protection

A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.”

(5)

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.

14

In section 130(2) of the Representation of the People Act 1983 (c. 2) (election court), for paragraph (a) substitute—

“(a)

unless he satisfies the judicial-appointment eligibility condition on a 7-year basis; or”.

15

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.”

16

(1)

Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) (umpires and deputy umpires) is amended as follows.

(2)

For paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)

In paragraphs (b) and (c), for “10” substitute “7”.

17

(1)

Paragraph 2 of Schedule 4 to the Transport Act 1985 (c. 67) is amended as follows.

(2)

In sub-paragraph (2) (president of Transport Tribunal)—

(a)

for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or”, and

(b)

in paragraph (b), for “10” substitute “7”.

(3)

In sub-paragraph (2A) (chairmen)—

(a)

for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b)

in paragraph (b), for “7” substitute “5”.

18

(1)

Section 12(5) of the Animals (Scientific Procedures) Act 1986 (c. 14) (person appointed to receive representations) is amended as follows.

(2)

For paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In paragraphs (b) and (c), for “7” substitute “5”.

19

(1)

Paragraph 1(1)(a) of Schedule 7 to the Insolvency Act 1986 (c. 45) (members of Insolvency Practitioners Tribunal) is amended as follows.

(2)

For sub-paragraph (i) substitute—

“(i)

satisfy the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In sub-paragraph (ii), for “7” substitute “5”.

20

(1)

Section 145(3) of the Copyright, Designs and Patents Act 1988 (c. 48) (chairman and deputy chairman of Copyright tribunal) is amended as follows.

(2)

For paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In paragraphs (b) and (c), for “7” substitute “5”.

21

In section 41 of the Courts and Legal Services Act 1990 (c. 41) (Conveyancing Appeal Tribunals), for subsection (7) substitute—

“(7)

A person is eligible for appointment as Chairman of a Tribunal only if he satisfies the judicial-appointment eligibility condition on a 5-year basis.”

22

(1)

The Child Support Act 1991 (c. 48) is amended as follows.

(2)

In section 22(2) (Child Support Commissioners)—

(a)

for paragraph (a) substitute—

“(a)

satisfy the judicial-appointment eligibility condition on a 7-year basis; or”, and

(b)

in paragraph (b), for “10” substitute “7”.

(3)

In section 23(2) (Child Support Commissioners for Northern Ireland), for “10” substitute “7”.

(4)

In paragraph 4(2)(a) of Schedule 4 (Deputy Child Support Commissioners)—

(a)

for “have a 10 year general qualification” substitute “satisfy the judicial-appointment eligibility condition on a 7-year basis”, and

(b)

for “10” in the second place where it occurs substitute “7”.

(5)

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”.

23

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.”

24

(1)

Schedule 12 to the Value Added Tax Act 1994 (c. 23) is amended as follows.

(2)

In paragraph 2(2) (President of VAT and duties tribunals)—

(a)

for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)

in paragraphs (b) and (c), for “10” substitute “7”.

(3)

In paragraph 7(4) (panel of chairmen)—

(a)

for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b)

in paragraph (b) and in the words after that paragraph, for “7” substitute “5”.

25

(1)

Section 77(2) of the Trade Marks Act 1994 (c. 26) (persons appointed to decide appeals from registrar) is amended as follows.

(2)

For paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In paragraphs (b) and (c), for “7” substitute “5”.

26

(1)

Sections 96(7) and 264(6) of the Merchant Shipping Act 1995 (c. 21) (arbitrators) are amended as follows.

(2)

For paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)

In paragraphs (b) and (c), for “10” substitute “7”.

27

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”.

28

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.”

29

(1)

The Social Security Act 1998 (c. 14) is amended as follows.

(2)

In section 5(2) (President of appeal tribunals)—

(a)

for paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 7-year basis; or”, and

(b)

in paragraph (b), for “10” substitute “7”.

(3)

In section 7(2) (constitution of appeal tribunals), for paragraph (a) substitute—

“(a)

be a solicitor of the Senior Courts of England and Wales, a barrister in England and Wales or have a qualification that is specified under subsection (6A); or”.

(4)

In section 7, after subsection (6) insert—

“(6A)

The Lord Chancellor may by order specify a qualification for the purposes of subsection (2)(a) above.

(6B)

Subsections (2) to (4), (9) and (10) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (6A) above as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6C)

For the purposes of subsection (2)(a) above, a person shall be taken first to become a barrister—

(a)

when the person completes pupillage in connection with becoming a barrister, or

(b)

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.

(6D)

For the purposes of subsection (2)(a) above, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (6A) above, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.”

(5)

In section 80 (parliamentary control of regulations), after subsection (3) insert—

“(4)

No order shall be made by the Lord Chancellor under section 7(6A) above unless a draft of the statutory instrument containing the order has been laid before Parliament and been approved by a resolution of each House of Parliament.”

(6)

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”.

(7)

In paragraph 1(2) of that Schedule (deputy Commissioners)—

(a)

for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or”, and

(b)

in paragraphs (b) and (c), for “10” substitute “7”.

(8)

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.

30

(1)

Section 6(5) of the Data Protection Act 1998 (c. 29) (chairman and deputy chairmen of Information Tribunal) is amended as follows.

(2)

For paragraph (a) substitute—

“(a)

persons who satisfy the judicial-appointment eligibility condition on a 5-year basis,”.

(3)

In paragraphs (b) and (c), for “7” substitute “5”.

31

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.”

32

(1)

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.

(2)

For paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In paragraphs (b) and (c), for “7” substitute “5”.

33

(1)

Paragraph 1(1) of Schedule 3 to the Regulation of Investigatory Powers Act 2000 (c. 23) (members of tribunal) is amended as follows.

(2)

For paragraph (b) substitute—

“(b)

a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)

In paragraphs (c) and (d), for “ten” substitute “seven”.

34

(1)

Schedule 13 to the Financial Services and Markets Act 2000 (c. 8) is amended as follows.

(2)

In paragraph 2(5) (President of Financial Services and Markets Tribunal)—

(a)

for paragraph (a) substitute—

“(a)

satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)

in paragraphs (b) and (c)(i) and (ii), for “ten” substitute “7”.

(3)

In paragraph 3(2) (panel of chairmen)—

(a)

for paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 5-year basis;”, and

(b)

in paragraphs (b) and (c)(i) and (ii), for “seven” substitute “5”.

35

(1)

The Land Registration Act 2002 (c. 9) is amended as follows.

(2)

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.”

(3)

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.”

36

(1)

Paragraph 1 of Schedule 2 to the Enterprise Act 2002 (c. 40) is amended as follows.

(2)

In sub-paragraph (1) (President of Competition Appeal Tribunal)—

(a)

for paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)

in paragraphs (b) and (c), for “10” substitute “7”.

(3)

In sub-paragraph (2) (chairmen)—

(a)

for paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 5-year basis;”, and

(b)

in paragraphs (b) and (c), for “7” substitute “5”.

37

(1)

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.

(2)

For paragraph (a) substitute—

“(a)

satisfies the judicial-appointment eligibility condition on a 5-year basis,”.

(3)

In paragraphs (b) and (c), for “seven” substitute “5”.

38

(1)

The Courts Act 2003 (c. 39) is amended as follows.

(2)

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”.

(3)

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”.

39

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;”.

40

(1)

Schedule 4 to the Pensions Act 2004 (c. 35) is amended as follows.

(2)

In paragraph 1(2) (panel of chairmen of Pensions Regulator Tribunal)—

(a)

for paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 5-year basis,” and

(b)

in paragraphs (b), (c) and (d), for “7” substitute “5”.

(3)

In paragraph 2(5) (President or Deputy President)—

(a)

for paragraph (a) substitute—

“(a)

satisfies the judicial-appointment eligibility condition on a 7-year basis,” and

(b)

in paragraphs (b), (c) and (d), for “10” substitute “7”.

41

(1)

Section 25 of the Constitutional Reform Act 2005 (c. 4) (judges of the Supreme Court) is amended as follows.

(2)

In subsection (1), for paragraph (b) and the word “or” immediately preceding it substitute—

“(b)

satisfied the judicial-appointment eligibility condition on a 15-year basis, or

(c)

been a qualifying practitioner for a period of at least 15 years.”

(3)

In subsection (2), omit paragraph (a).

42

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.”

43

(1)

Paragraph 2 of Schedule 8 to the Gambling Act 2005 (c. 19) (President and members of Gambling Appeals Tribunal) is amended as follows.

(2)

For paragraph (a) substitute—

“(a)

he satisfies the judicial-appointment eligibility condition on a 5-year basis,”.

(3)

In paragraphs (b) and (c), for “seven” substitute “5”.

44

(1)

Schedule 13 to the National Health Service Act 2006 (c. 41) is amended as follows.

(2)

For paragraph 3 (President and Deputy President of Family Health Services Appeal Authority) substitute—

“3

(1)

A person is eligible to be appointed as the President only if he satisfies the judicial-appointment eligibility condition on a 7-year basis.

(2)

A person is eligible to be appointed as a Deputy President only if he satisfies the judicial-appointment eligibility condition on a 5-year basis.”

(3)

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”.

(4)

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.”

Part 2Amendments relating to enactments already repealed

45

(1)

This Part of this Schedule contains amendments of enactments that have already been repealed by provisions of other Acts.

(2)

In each case—

(a)

the repealing provision is specified in relation to the enactment being amended, and

(b)

the amendment has effect only until the repealing provision is fully commenced in relation to the enactment amended.

46

(1)

In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (Lords of Appeal in Ordinary)—

(a)

for the words from “for not less than fifteen” to the end of paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 15-year basis;”, and

(b)

at the beginning of each of paragraphs (b) and (c) insert “for not less than fifteen years,”.

(2)

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).

47

(1)

In section 28(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (Judge Advocate of Her Majesty’s Fleet)—

(a)

for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)

in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “7”.

(2)

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—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)

In section 103B(5) of each of those Acts (qualified officers in field general courts-martial), for paragraph (a) substitute—

“(a)

a person who is a barrister or solicitor in England and Wales;”.

(4)

In section 53B(2) of the Naval Discipline Act 1957 (c. 53) (judge advocates), for paragraph (a) substitute—

“(a)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(5)

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).

48

(1)

In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2) (chairman of Levy Appeal Tribunal)—

(a)

for sub-paragraph (i) substitute—

“(i)

a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b)

in sub-paragraph (ii), for “7” substitute “5”.

(2)

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).

49

(1)

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”.

(2)

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).

50

(1)

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.”

(2)

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).