Background
Compulsory purchase
638.Currently, there is an anomaly as regards the execution of High Court writs in that High Court enforcement officers and High Sheriffs are able to execute High Court writs of execution, but only High Sheriffs are able to enforce writs of possession issued to enforce compulsory purchase orders. The proposed changes will align the enforcement of compulsory purchase orders with the regime for enforcing High Court writs of execution contained in section 99 of and Schedule 7 to the Courts Act 2003.
Enforcement of ACAS brokered agreements
639.The Advisory, Conciliation and Arbitration Service (ACAS) has no enforcement powers of its own. Transforming Public Services undertook to simplify the system so that an award of compensation, whether ordered by an employment tribunal or agreed between the parties (under compromises involving ACAS), can be enforced with the minimum of bureaucracy as if it were an order of the civil courts. The Act makes such agreements enforceable in England and Wales as if they were sums payable under a county court order, and in Scotland by diligence as if the certificate were an extract registered decree arbitral bearing a warrant of execution issued by the sheriff court.
Appeal in relation to design rights
640.The Registered Designs Appeal Tribunal (RDAT) was created by section 28 of the Registered Designs Act 1949. Any appeal from the registrar (the Comptroller-General of Patents, Designs and Trade Marks) under that Act lies to the RDAT. The Act transfers the jurisdiction of the RDAT to the Patents County Court and the High Court in England and Wales, the Court of Session in Scotland and the High Court in Northern Ireland.
