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, Section 77 is up to date with all changes known to be in force on or before 03 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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Part 3Enforcement by taking control of goods

Chapter 2Rent arrears recovery

Commercial rent arrears recovery

77The rent recoverable

(1)

CRAR is not exercisable except to recover rent that meets each of these conditions—

(a)

it has become due and payable before notice of enforcement is given;

(b)

it is certain, or capable of being calculated with certaintyF1;

(c)

it is not excluded from recovery using CRAR by paragraph 4 of Schedule 2 to the Commercial Rent (Coronavirus) Act 2022 (temporary moratorium on enforcement of protected rent debts).

(2)

The amount of any rent recoverable by CRAR is reduced by any permitted deduction.

(3)

CRAR is exercisable only if the net unpaid rent is at least the minimum amount immediately before each of these—

(a)

the time when notice of enforcement is given;

(b)

the first time that goods are taken control of after that notice.

(4)

The minimum amount is to be calculated in accordance with regulations.

(5)

The net unpaid rent is the amount of rent that meets the conditions in subsection (1), less—

(a)

any interest or value added tax included in that amount under section 76(1)(a) or (b), and

(b)

any permitted deductions.

(6)

Regulations may provide for subsection (5)(a) not to apply in specified cases.

(7)

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.