- Latest available (Revised)
- Point in Time (30/08/2018)
- Original (As enacted)
Point in time view as at 30/08/2018. This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Tribunals, Courts and Enforcement Act 2007,
Part 7
is up to date with all changes known to be in force on or before 31 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In section 3 of the Lands Clauses Consolidation Act 1845 (c. 18) (interpretations in this and the special Act), at the end insert— “ Where any matter in relation to any lands is required to be done by an enforcement officer, the expression “the enforcement officer” means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003. ”
(2)In section 91 of that Act (proceedings in case of refusal to deliver possession of lands)—
(a)after “the sheriff” in the first place insert “ or the enforcement officer ”;
(b)for “the sheriff” in the second place substitute “ the person to whom it is issued ”;
(c)for “the sheriff” in the third place substitute “ the person executing the warrant ”;
(d)after the existing words, which (as amended) become subsection (1), insert—
“(2)If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the warrant is issued to two or more persons collectively, the duty in subsection (1) to deliver possession of lands shall apply to the person to whom the warrant is allocated in accordance with the approved arrangements mentioned in that Schedule.”
(3)Subsections (1) and (2) extend only to England and Wales.
(4)Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give possession to acquiring authority) is amended as follows.
(5)In subsection (1), for the words from “the sheriff” to the end substitute “—
(a)the sheriff, or
(b)the enforcement officer,
to deliver possession of it to the person appointed in the warrant to receive it. ”
(6)In subsection (2), for “the sheriff” substitute “ the person to whom it is issued ”.
(7)After subsection (2) insert—
“(2A)If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the warrant is issued to two or more persons collectively, the duty in subsection (2) of this section shall apply to the person to whom the warrant is allocated in accordance with the approved arrangements mentioned in that Schedule.”
(8)In subsection (3), for “the sheriff” substitute “ the person executing the warrant ”.
(9)In subsection (6), after “In this section” insert “—
“the enforcement officer”, in relation to a warrant to deliver possession of land under this section, means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003, and”.
(10)Schedule 22 makes consequential amendments.
(1)Schedule 7 to the Courts Act 2003 (c. 39) (High Court writs of execution) is amended as follows.
(2)After paragraph 3 insert—
(1)Sub-paragraph (2) applies for the purpose of identifying the enforcement officer to whom a warrant may be issued under—
(a)section 91(1) of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands), or
(b)section 13(1) of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority).
(2)The enforcement officer, in relation to such a warrant, is—
(a)the enforcement officer assigned to a relevant district or, if two or more enforcement officers are assigned to that district, those officers collectively, or
(b)a named enforcement officer who, whether or not assigned to a relevant district, has undertaken to execute the warrant.
(3)In sub-paragraph (2), “a relevant district”, in relation to a warrant, means—
(a)the district where the land in respect of which the warrant was issued is situated, or
(b)if that land (being land in one ownership) is not situated wholly in one district, a district where any part of that land is situated.”
(3)Paragraph 4 is amended as set out in subsections (4) to (7).
(4)In sub-paragraph (1), at the end insert “ and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b) ”.
(5)After sub-paragraph (2) insert—
“(2A)The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—
(a)the warrant had been issued to him, and
(b)the district in which it is to be executed had been within his county.”
(6)For sub-paragraph (3) substitute—
“(3)“The relevant officer” means—
(a)in relation to a writ—
(i)if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;
(ii)if the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the officer to whom, in accordance with approved arrangements, the execution of the writ is allocated,
(b)in relation to a warrant—
(i)if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;
(ii)if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated.”
(7)For sub-paragraph (4) substitute—
“(4)Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.”
(8)In paragraph 5, after “writ” insert “ or warrant ”.
(9)In paragraph 12(2)(d)(ii), after “officers” insert “ , or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b), ”.
(10)Accordingly—
(a)in section 99 of that Act (High Court writs of execution), in subsection (1) at the end insert “ and about warrants issued in connection with the compulsory acquisition of land ”;
(b)in Schedule 7 to that Act—
(i)for the heading “High Court Writs of Execution” substitute “ Enforcement of Certain Writs and Warrants ”;
(ii)in the heading immediately preceding paragraph 1, for “of execution” substitute “ and warrants ”.
In section 31 of the Supreme Court Act 1981 (c. 54) (application for judicial review), for subsection (5) substitute—
“(5)If, on an application for judicial review, the High Court quashes the decision to which the application relates, it may in addition—
(a)remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or
(b)substitute its own decision for the decision in question.
(5A)But the power conferred by subsection (5)(b) is exercisable only if—
(a)the decision in question was made by a court or tribunal,
(b)the decision is quashed on the ground that there has been an error of law, and
(c)without the error, there would have been only one decision which the court or tribunal could have reached.
(5B)Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal.”
In the Employment Tribunals Act 1996 (c. 17), after section 19 insert—
(1)Subsections (3) to (6) apply if—
(a)a conciliation officer—
(i)has taken action under section 18 in a case, and
(ii)issues a certificate in writing stating that a compromise has been reached in the case, and
(b)all of the terms of the compromise are set out—
(i)in a single relevant document, or
(ii)in a combination of two or more relevant documents.
(2)A document is a “relevant document” for the purposes of subsection (1) if—
(a)it is the certificate, or
(b)it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.
(3)Any sum payable by a person under the terms of the compromise (a “compromise sum”) shall, subject to subsections (4) to (7), be recoverable—
(a)in England and Wales, by execution issued from a county court or otherwise as if the sum were payable under an order of that court;
(b)in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4)A compromise sum is not recoverable under subsection (3) if—
(a)the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and
(b)that declaration is made.
(5)If rules of court so provide, a compromise sum is not recoverable under subsection (3) during the period—
(a)beginning with the issue of the certificate, and
(b)ending at such time as may be specified in, or determined under, rules of court.
(6)If the terms of the compromise provide for the person to whom a compromise sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)—
(a)in England and Wales, only if a county court so orders;
(b)in Scotland, only if the sheriff so orders.
(7)Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending.
(8)An application for a declaration under subsection (4) may be made to an employment tribunal, a county court or the sheriff.
(9)Employment tribunal procedure regulations may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made.
(10)Rules of court may make provision as to—
(a)the time within which an application to a county court for a declaration under subsection (4) is to be made;
(b)the time within which an application to the sheriff for a declaration under subsection (4) is to be made;
(c)when an application (whether made to a county court, the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).
(11)Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section.
(12)In this section “compromise” (except in the phrase “compromise sum”) means a settlement, or compromise, to avoid proceedings or bring proceedings to an end.”
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 143 repealed (6.4.2015) by Intellectual Property Act 2014 (c. 18), ss. 10(11), 24(1); S.I. 2015/165, art. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: