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

6A Certain judges who are also judges of the First-tier 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

11A Finality of decisions by Upper Tribunal about permission to appeal

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.

14A Appeal to Supreme Court: grant of certificate by Upper Tribunal

14B Appeal to Supreme Court: permission to appeal

14C Appeal to Supreme Court: exclusions


“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

20A Procedural steps where application transferred

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

29ZA Enabling the public to see and hear proceedings

29ZB Offences of recording or transmission in relation to broadcasting

29ZC Offences of recording or transmitting participation through live link

29ZD Interpretation

CHAPTER 2A Exercise of tribunal functions by authorised persons

29A Meaning of “authorised person” and “judicial office holder”

29B Directions and independence: authorised persons

29C Protection of authorised persons

29D Costs or expenses in legal proceedings: authorised persons

29E Indemnification of authorised persons

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,

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

71 Abolition of common law right

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

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

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

109 Debt management schemes

110 Debt repayment plans

111 Approval by supervising authority

112 Applications for approval

113 Terms of approval

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

122 Right of appeal

123 Dealing with appeals

124 Charges by operator of approved scheme

125 Procedure for termination

126 Terminating an approval

127 Alternatives to termination

128 Effects of end of approval

129 The supervising authority

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

Changes to legislation:

Tribunals, Courts and Enforcement Act 2007, SCHEDULE 23 is up to date with all changes known to be in force on or before 01 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

SCHEDULE 23Repeals

Section 146

Part 1Tribunals and Inquiries

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—

  1. (a)

    in subsection (1), the words “a General Commissioner or” and the words “, or before a General Commissioner”, and

  2. (b)

    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—

  1. (a)

    the entry relating to the Council on Tribunals, and

  2. (b)

    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—

  1. (a)

    the entry relating to the Council on Tribunals, and

  2. (b)

    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)—

  1. (a)

    in paragraph (e), the words “or to a tribunal constituted in accordance with the regulations,” and

  2. (b)

    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—

  1. (a)

    subsection (2), and

  2. (b)

    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)—

  1. (a)

    in paragraph (b), the word “and” at the end,

  2. (b)

    paragraph (c), and

  3. (c)

    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—

  1. (a)

    the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992, and

  2. (b)

    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.

Part 2Judicial appointments

Reference

Extent of repeal

Courts and Legal Services Act 1990 (c. 41)

In Schedule 10—

  1. (a)

    paragraph 4,

  2. (b)

    in paragraph 6(1), the words “paragraph 13(1) of” and the words after “1947”, and

  3. (c)

    paragraphs 24, 26, 32, 49, 50(2)(b) and 57.

Judicial Pensions and Retirement Act 1993 (c. 8)

In Schedule 5—

  1. (a)

    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

  2. (b)

    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—

  1. (a)

    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

  2. (b)

    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—

  1. (a)

    Member of the Special Immigration Appeals Commission;

  2. (b)

    Chairman of the Special Immigration Appeals Commission;

  3. (c)

    Member of the Proscribed Organisations Appeal Commission;

  4. (d)

    Chairman of the Proscribed Organisations Appeal Commission;

  5. (e)

    Member of the Pathogens Access Appeal Commission; and

  6. (f)

    Chairman of the Pathogens Access Appeal Commission.

Part 3Enforcement by taking control of goods

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—

  1. (a)

    in subsection (3) the words from “but” to the end;

  2. (b)

    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—

  1. (a)

    paragraph 7;

  2. (b)

    in paragraph 8(1)(a) the words from “an authority” to “paragraph 7 above”;

  3. (c)

    paragraph 12(1)(c);

  4. (d)

    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.

Part 4Rent arrears recovery

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—

  1. (a)

    subsection (2);

  2. (b)

    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.

Part 5Administration orders

Reference

Extent of repeal

Company Directors Disqualification Act 1986 (c. 46)

Section 12(1).

Courts and Legal Services Act 1990 (c. 41)

Section 13.

Part 6Appeal Tribunal under section 28 of the Registered Designs Act 1949: abolition

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.