Legislation – Tribunals, Courts and Enforcement Act 2007

New Search

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 21Regulations under sections 111 and 113

Sections 111 and 113

1

The first column of this table lists the matters referred to in sections 111(3) and 113(5).

2

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.
  1. (a)

    The constitution of the scheme operator.

  2. (b)

    The governance of the scheme operator.

  3. (c)

    The size of the scheme operator’s undertaking.

  4. (d)

    The financial standing of the scheme operator.

  5. (e)

    Whether or not a scheme operator is a profit-making organisation.

2. The terms of a debt management scheme.
  1. (a)

    The non-business debtors to whom the scheme is open.

  2. (b)

    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.
  1. (a)

    How decisions are made about whether debt repayment plans are to be arranged.

  2. (b)

    How debt repayment plans are arranged.

  3. (c)

    How decisions are made about the terms of debt repayment plans, including decisions about—

    1. (i)

      what payments will be required in relation to the specified debts;

    2. (ii)

      the amounts, times and recipients of payments;

    3. (iii)

      the duration of the plan.

  4. (d)

    The format of debt repayment plans.

  5. (e)

    When debt repayment plans begin to have effect.

  6. (f)

    How changes are to be made to debt repayment plans (including the specification of debts after a plan has been arranged).

  7. (g)

    How decisions are made about whether debt repayment plans are to be terminated.

  8. (h)

    How debt repayment plans are terminated.

4. Changes that affect the scheme operator.

5. Changes to—

  1. (i)

    the terms of a debt management scheme;

  2. (ii)

    the operation of a debt management scheme.
  1. (a)

    Whether changes may be made.

  2. (b)

    How changes are made.

6. The transfer of the operation of a debt management scheme to another body.
  1. (a)

    Whether the operation of the scheme may be transferred.

  2. (b)

    How the operation of the scheme is transferred.