Part 8General

144Protected functions of the Lord Chancellor

(1)

In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of the Lord Chancellor) Part A of the list in paragraph 4 is amended as follows.

(2)

In the entry for the London Building Acts (Amendment) Act 1939 (c. xcvii) after “109(2)” insert “ and (4) ”.

(3)

Insert in the appropriate place—Attachment of Earnings Act 1971 (c. 32)

Section 6A

Section 15B

Schedule 3A”.

(4)

Insert in the appropriate place—Charging Orders Act 1979 (c. 53)

Section 3A”.

F1(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In the entries for the County Courts Act 1984 (c. 28) insert in the appropriate place—

“Section 85(2)

Part 6

Part 6A”.

(7)

In the entry for section 26(5), (6) and (9) of the Judicial Pensions and Retirement Act 1993 (c. 8), for “and (9)” substitute

“, (9) and (13)”.

(8)

In the entries for the Employment Tribunals Act 1996 (c. 17) insert in the appropriate place—

“Section 5A

Section 7A”

“Section 29A”.

(9)

In the entry for the Social Security Act 1998 (c. 14) insert in the appropriate place—

“Section 7(6A)”.

(10)

In the entries for the Nationality, Immigration and Asylum Act 2002 (c. 41)—

(a)

insert in the appropriate place—

“Section 107”;

(b)

in the entry for Schedule 4, for “and 7” substitute “ , 7 and 14 ”.

(11)

Insert in the appropriate place—

“Tribunals, Courts and Enforcement Act 2007

Part 1

Section 51

Part 3

Sections 95 to 102”.

145Power to make supplementary or other provision

(1)

The Lord Chancellor (or, in relation to Chapter 3 of Part 5 only, the Secretary of State) may by order make any supplementary, incidental, consequential, transitory, transitional or saving provision which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2)

An order under this section may in particular—

(a)

provide for any provision of this Act which comes into force before another to have effect, until that other provision has come into force, with modifications specified in the order;

(b)

amend, repeal or revoke any enactment other than one contained in an Act or instrument passed or made after the Session in which this Act is passed.

(3)

The amendments that may be made by an order under this section are in addition to those made by or under any other provision of this Act.

(4)

An order under this section may make different provision for different purposes.

(5)

The power to make an order under this section is exercisable by statutory instrument.

(6)

A statutory instrument containing an order under this section, unless it is an order to which subsection (7) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

No order amending or repealing an enactment contained in an Act may be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

146Repeals

Schedule 23 contains repeals.

147Extent

(1)

Parts 1, 2 and 6 and this Part extend to England and Wales, Scotland and Northern Ireland.

(2)

The other provisions of this Act extend only to England and Wales.

(3)

Subsections (1) and (2) are subject to subsections (4) and (5).

(4)

Unless provided otherwise, amendments, repeals and revocations in this Act extend to any part of the United Kingdom to which the provisions amended, repealed or revoked extend.

(5)

The following extend also to the Isle of Man—

(a)

section 143(1) and (2),

(b)

the repeal by this Act of any provision specified in Part 6 of Schedule 23 that extends to the Isle of Man,

(c)

sections 145 and 148(5) to (7) so far as relating to—

(i)

section 143(1) and (2), and

(ii)

the provisions of this Act by which the repeals mentioned in paragraph (b) are effected, and

(d)

this section and section 149.

148Commencement

(1)

Section 60 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(2)

The provisions of Chapter 3 of Part 5 come into force in accordance with provision made by the Lord Chancellor or the Secretary of State by order.

(3)

The provisions of Part 6 come into force, except as provided by subsection (4), in accordance with provision made by the Secretary of State by order.

(4)

The provisions of Part 6 come into force, in so far as they extend to Scotland, in accordance with provision made by the Scottish Ministers by order.

(5)

The remaining provisions of this Act, except sections 53, 55, 56, 57, 145, 147, 149, this section and Schedule 11, come into force in accordance with provision made by the Lord Chancellor by order.

(6)

An order under this section may make different provision for different purposes.

(7)

The power to make an order under this section is exercisable by statutory instrument.

Annotations:
Subordinate Legislation Made

P1S. 148(3) power fully exercised; 31.12.2007 appointed by {S.I. 2007/3613}, art. 2

P2S. 148(5) power partly exercised; different dates appointed for specified provsions by {S.I. 2007/2709}, arts. 2-6; 6.4.2008 appointed for a specified provision by {S.I. 2008/749}, art. 2; 22.4.2008 appointed for specified provisions and areas by {S.I. 2008/1158}, art. 2; 21.7.2008 appointed for specfied provisions and purposes by S.I. 2008/1653, art. 2 (with arts. 3, 4); different dates appointed for specified provisions by {S.I. 2009/382}, art. 2

149Short title

This Act may be cited as the Tribunals, Courts and Enforcement Act 2007.