Tribunals, Courts and Enforcement Act 2007

SCHEDULES

Section 2

SCHEDULE 1U.K.Senior President of Tribunals

Part 1 U.K.Recommendations for appointment

Duty to fill vacanciesU.K.

1(1)If there is a vacancy in the office of Senior President of Tribunals, the Lord Chancellor must recommend a person for appointment to that office.U.K.

(2)Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice of England and Wales agrees that it may remain unfilled.

The two routes to a recommendation: agreement under this paragraph or selection under Part 2U.K.

2(1)Before the Lord Chancellor may recommend a person for appointment to the office of Senior President of Tribunals, the Lord Chancellor must consult—U.K.

(a)the Lord Chief Justice of England and Wales,

(b)the Lord President of the Court of Session, and

(c)the Lord Chief Justice of Northern Ireland.

(2)Sub-paragraphs (3) and (4) apply if—

(a)the outcome of consultation under sub-paragraph (1) is agreement between—

(i)the Lord Chancellor,

(ii)the Lord Chief Justice of England and Wales,

(iii)the Lord President of the Court of Session, and

(iv)the Lord Chief Justice of Northern Ireland,

as to the person to be recommended, and

(b)the person is—

(i)an ordinary judge of the Court of Appeal in England and Wales,

(ii)a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court, or

(iii)a Lord Justice of Appeal in Northern Ireland.

(3)The Lord Chancellor must recommend the person for appointment to the office of Senior President of Tribunals, subject to sub-paragraph (4).

(4)Where the person—

(a)declines to be recommended, or does not agree within a time specified to him for that purpose, or

(b)is otherwise not available within a reasonable time to be recommended,

the Lord Chancellor must, instead of recommending the person for appointment, consult afresh under sub-paragraph (1).

(5)If the Lord Chancellor has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, the Lord Chancellor must make a request to the Judicial Appointments Commission for a person to be selected for recommendation for appointment to the office of Senior President of Tribunals.

Part 2 U.K.Selection by the Judicial Appointments Commission

Eligibility for selectionU.K.

3U.K.A person is eligible for selection in pursuance of a request under paragraph 2(5) only if—

(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis,

(b)he is an advocate or solicitor in Scotland of at least seven years' standing, or

(c)he is a barrister or solicitor in Northern Ireland of at least seven years' standing.

The selection processU.K.

4U.K.In Chapter 2 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (appointments), after section 75 insert—

“Senior President of TribunalsU.K.
75ASections 75B to 75G apply where request made for selection

(1)Sections 75B to 75G apply where the Lord Chancellor makes a request to the Commission under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 (request for person to be selected for recommendation for appointment to the office of Senior President of Tribunals).

(2)Those sections are subject to section 95 (withdrawal and modification of requests).

75BSelection process

(1)On receiving a request the Commission must appoint a selection panel.

(2)The panel must —

(a)determine the selection process to be applied,

(b)apply the selection process, and

(c)make a selection accordingly.

(3)As part of the selection process the panel must consult—

(a)the Lord Chief Justice, if not a member of the panel,

(b)the Lord President of the Court of Session, if not a member of the panel, and

(c)the Lord Chief Justice of Northern Ireland, if not a member of the panel.

(4)One person only must be selected for the recommendation to which a request relates.

(5)Subsection (4) applies to selection under this section and to selection under section 75G.

(6)A selection panel is a committee of the Commission.

75CSelection panel

(1)The selection panel must consist of four members.

(2)The first member is the Lord Chief Justice, or his nominee.

(3)The second member is a person designated by the Lord Chief Justice.

(4)Unless subsection (7) applies, the third member is the chairman of the Commission or his nominee.

(5)The fourth member is a lay member of the Commission designated by the third member.

(6)Subsection (7) applies if—

(a)there is no chairman of the Commission, or

(b)the chairman of the Commission is unavailable and has not nominated a person under subsection (4).

(7)In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.

(8)A nominee of the Lord Chief Justice must be a Head of Division or a Lord Justice of Appeal.

(9)The person designated under subsection (3) must be—

(a)a person who holds, or has held, the office of Senior President of Tribunals,

(b)a person who holds, or has held, office as a Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, or

(c)a person who holds, or has held, an office that, in the opinion of the Lord Chief Justice, is such that a holder of it would acquire knowledge or experience of tribunals broadly similar to that which would be acquired by—

(i)a person who holds the office of Senior President of Tribunals, or

(ii)a person who holds office as a Chamber President of a chamber of the First-tier Tribunal, or

(iii)a person who holds office as a Chamber President of a chamber of the Upper Tribunal.

(10)Before designating a person under subsection (3), the Lord Chief Justice must consult—

(a)the Lord President of the Court of Session, and

(b)the Lord Chief Justice of Northern Ireland.

(11)A person may not be appointed to the panel if he is willing to be considered for selection.

(12)A person may not be appointed to the panel as the nominee of more than one person.

(13)A person appointed to the panel otherwise than as a nominee may not be a nominee.

(14)The first member is the chairman of the panel.

(15)On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.

75DReport

(1)After complying with section 75B(2) the selection panel must submit a report to the Lord Chancellor.

(2)The report must—

(a)state who has been selected;

(b)contain any other information required by the Lord Chancellor.

(3)The report must be in a form approved by the Lord Chancellor.

(4)After submitting the report the panel must provide any further information the Lord Chancellor may require.

75EThe Lord Chancellor's options

(1)This section refers to the following stages—

Stage 1:where a person has been selected under section 75B
Stage 2:where a person has been selected following a rejection or reconsideration at stage 1
Stage 3:where a person has been selected following a rejection or reconsideration at stage 2

(2)At stage 1 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection;

(c)require the selection panel to reconsider the selection.

(3)At stage 2 the Lord Chancellor must do one of the following—

(a)accept the selection;

(b)reject the selection, but only if it was made following a reconsideration at stage 1;

(c)require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1.

(4)At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.

(5)If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.

75FExercise of powers to reject or require reconsideration

(1)The power of the Lord Chancellor under section 75E to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion, the person selected is not suitable for the office of Senior President of Tribunals.

(2)The power of the Lord Chancellor under section 75E to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion—

(a)there is not enough evidence that the person is suitable for the office of Senior President of Tribunals, or

(b)there is evidence that the person is not the best candidate on merit.

(3)The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection.

75GSelection following rejection or requirement to reconsider

(1)If under section 75F the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must select a person in accordance with this section.

(2)If the Lord Chancellor rejects a selection, the selection panel—

(a)may not select the person rejected, and

(b)where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.

(3)If the Lord Chancellor requires a selection to be reconsidered, the selection panel—

(a)may select the same person or a different person, but

(b)where the requirement is following a rejection, may not select the person rejected.

(4)The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.

(5)Subsections (2) and (3) do not prevent a person being selected on a subsequent request under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007.”

Withdrawal and modification of requests under paragraph 2(5)U.K.

5(1)Section 95 of the Constitutional Reform Act 2005 (c. 4) (withdrawal and modification of requests) is amended as follows.U.K.

(2)In subsection (1) (application of section), after “87” insert “ or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 ”.

(3)In subsection (4) (limitation on withdrawal of request under subsection (2)(c)), after “73(2),” insert “ 75E(2), ”.

Part 3 U.K.Terms of office

Tenure, removal, resignation etc.U.K.

6(1)If—U.K.

(a)a person appointed to the office of Senior President of Tribunals is appointed on terms that provide for him to retire from the office at a particular time specified in those terms (“the end of the fixed-term”), and

(b)the end of the fixed-term is earlier than the time at which the person is required by the 1993 Act to retire from the office,

the person shall, if still holding the office at the end of the fixed-term, vacate the office at the end of the fixed-term.

(2)Subject to sub-paragraph (1) (and to the 1993 Act), a person appointed to the office of Senior President of Tribunals shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.

(3)It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under sub-paragraph (2).

(4)In this paragraph “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

7(1)Sub-paragraph (2) applies to a person appointed to the office of Senior President of Tribunals on a recommendation made under paragraph 2(3).U.K.

(2)The person ceases to be Senior President of Tribunals if he ceases to fall within paragraph 2(2)(b).

8U.K.A person who holds the office of Senior President of Tribunals may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.

9(1)The Lord Chancellor, if satisfied by means of a medical certificate that a person holding the office of Senior President of Tribunals—U.K.

(a)is disabled by permanent infirmity from the performance of the duties of the office, and

(b)is for the time being incapacitated from resigning the office,

may, subject to sub-paragraph (2), by instrument under his hand declare the person to have vacated the office; and the instrument shall have the like effect for all purposes as if the person had on the date of the instrument resigned the office.

(2)A declaration under sub-paragraph (1) with respect to a person shall be of no effect unless it is made with the concurrence of—

(a)the Lord Chief Justice of England and Wales,

(b)the Lord President of the Court of Session, and

(c)the Lord Chief Justice of Northern Ireland.

Remuneration, allowances and expensesU.K.

10U.K.The Lord Chancellor may pay to the Senior President of Tribunals such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

OathsU.K.

11(1)A person appointed to the office of Senior President of Tribunals must take the required oaths in the presence of—U.K.

(a)the Lord Chief Justice of England and Wales, or

(b)another holder of high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4)) who is nominated by the Lord Chief Justice of England and Wales for the purpose of taking the oaths from the person.

(2)Sub-paragraph (1) applies whether or not the person has previously taken the required oaths after accepting another office.

(3)In this paragraph “the required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

Part 4 U.K.Certain functions of the Senior President

Meaning of “tribunal member”U.K.

12(1)For the purposes of this Part of this Schedule, each of the following is a “tribunal member”—U.K.

(a)a judge, or other member, of the First-tier Tribunal or Upper Tribunal,

(b)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a member of a panel of members of employment tribunals (whether or not a panel of [F2Employment Judges]),

(d)a judge, or other member, of the Employment Appeal Tribunal, and

(e)a person who is, or is a member of, a tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

(2)In this Part of this Schedule “tribunals” means—

(a)the First-tier Tribunal,

(b)the Upper Tribunal,

(c)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)employment tribunals,

(e)the Employment Appeal Tribunal, and

(f)any tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

Textual Amendments

Representations to ParliamentU.K.

13U.K.The Senior President of Tribunals may lay before Parliament written representations on matters that appear to him to be matters of importance relating—

(a)to tribunal members, or

(b)otherwise to the administration of justice by tribunals.

Representation of views of tribunal membersU.K.

14U.K.The Senior President of Tribunals is responsible for representing the views of tribunal members to Parliament, to the Lord Chancellor and to Ministers of the Crown generally.

Section 4

SCHEDULE 2U.K.Judges and other members of the First-tier Tribunal

Power to appoint judges of First-tier TribunalU.K.

1(1)The [F4Senior President of Tribunals] may appoint a person to be one of the judges of the First-tier Tribunal.U.K.

(2)A person is eligible for appointment under sub-paragraph (1) only if the person—

(a)satisfies the judicial-appointment eligibility condition on a 5-year basis,

(b)is an advocate or solicitor in Scotland of at least five years' standing,

(c)is a barrister or solicitor in Northern Ireland of at least five years' standing, or

(d)in the [F5opinion of the Senior President of Tribunals], has gained experience in law which makes the person as suitable for appointment as if the person satisfied any of paragraphs (a) to (c).

(3)Section 52(2) to (5) (meaning of “gain experience in law”) apply for the purposes of sub-paragraph (2)(d), but as if section 52(4)(i) referred to the [F6Senior President of Tribunals] instead of to the relevant decision-maker.

Textual Amendments

F4Words in Sch. 2 para. 1(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F6Words in Sch. 2 para. 1(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Power to appoint other members of First-tier TribunalU.K.

2(1)The [F7Senior President of Tribunals] may appoint a person to be one of the members of the First-tier Tribunal who are not judges of the tribunal.U.K.

(2)A person is eligible for appointment under sub-paragraph (1) only if the person has qualifications prescribed in an order made by the Lord Chancellor with the concurrence of the Senior President of Tribunals.

Textual Amendments

F7Words in Sch. 2 para. 2(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 45(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Appointed and transferred-in judges and other members: removal from officeU.K.

3(1)This paragraph applies to any power by which—U.K.

(a)a person appointed under paragraph 1(1) or 2(1),

(b)a transferred-in judge of the First-tier Tribunal, or

(c)a transferred-in other member of the First-tier Tribunal,

may be removed from office.

(2)If the person exercises functions wholly or mainly in Scotland, the power may be exercised only with the concurrence of the Lord President of the Court of Session.

(3)If the person exercises functions wholly or mainly in Northern Ireland, the power may be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland.

(4)If neither of sub-paragraphs (2) and (3) applies, the power may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

Terms of appointmentU.K.

4(1)This paragraph applies—U.K.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the First-tier Tribunal, and

(c)to a transferred-in other member of the First-tier Tribunal.

(2)If the terms of the person's appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office—

(a)only by the Lord Chancellor (and in accordance with paragraph 3), and

(b)only on the ground of inability or misbehaviour.

[F8(2A)If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office—

(a)only by the Lord Chancellor (and in accordance with paragraph 3), and

(b)only on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment.

(2B)If the period (or extended period) for which the person is appointed ends before—

(a)the day on which the person attains the age of 70, or

(b)if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case,

then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(2C)Extension under sub-paragraph (2B)—

(a)requires the person's agreement,

(b)is to be for such period as the Lord Chancellor considers appropriate, and

(c)may be refused on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.]

(3)Subject to [F9the preceding provisions of this paragraph (but subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office in accordance with the terms of his appointment[F10, which are to be such as the Lord Chancellor may determine].

Textual Amendments

Remuneration, allowances and expensesU.K.

5(1)Sub-paragraph (2) applies—U.K.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the First-tier Tribunal, and

(c)to a transferred-in other member of the First-tier Tribunal.

(2)The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Certain judges neither appointed under paragraph 1(1) nor transferred inU.K.

6(1)In this paragraph “judge by request of the First-tier Tribunal” means a person who is a judge of the First-tier Tribunal but who—U.K.

(a)is not the Senior President of Tribunals,

(b)is not a judge of the First-tier Tribunal appointed under paragraph 1(1),

(c)is not a transferred-in judge of the First-tier Tribunal,

(d)is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal,

(e)is not a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal),

(f)F11. . . and

(g)is not a judge of the First-tier tribunal by virtue of section 4(2) (criminal injuries compensation adjudicator appointed by the Scottish Ministers).

(2)A judge by request of the First-tier Tribunal may act as a judge of the First-tier Tribunal only if requested to do so by the Senior President of Tribunals.

(3)Such a request made to a person who is a judge of the First-tier Tribunal by virtue of the combination of sections 4(1)(c) and 5(1)(g) may be made only with—

(a)the concurrence of the Lord Chief Justice of England and Wales where the person is—

(i)an ordinary judge of the Court of Appeal in England and Wales,

(ii)a puisne judge of the High Court in England and Wales,

(iii)a circuit judge,

(iv)a district judge in England and Wales, F12...

(v)a District Judge (Magistrates' Courts)[F13,

(vi)the Master of the Rolls,

(vii)the President of the Queen's Bench Division of the High Court of England and Wales,

(viii)the President of the Family Division of that court,

(ix)the Chancellor of that court,

(x)a deputy judge of that court, or

(xi)the Judge Advocate General;]

(b)the concurrence of the Lord President of the Court of Session where the person is—

(i)a judge of the Court of Session, or

(ii)a sheriff;

(c)the concurrence of the Lord Chief Justice of Northern Ireland where the person is—

(i)a Lord Justice of Appeal in Northern Ireland,

(ii)a puisne judge of the High Court in Northern Ireland,

(iii)a county court judge in Northern Ireland, or

(iv)a district judge in Northern Ireland.

[F14(3A)A request made under sub-paragraph (2) to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be made only with the concurrence of the Lord Chief Justice of England and Wales.]

(4)Sub-paragraph (5) applies—

(a)to a judge by request of the First-tier Tribunal,[F15 and]

(b)to a person who is a judge of the First-tier Tribunal by virtue of section 4(1)(e) (chairman of employment tribunal), F16. . .

(c)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Textual Amendments

Other members neither appointed under paragraph 2(1) nor transferred inU.K.

7(1)In this paragraph “ex officio member of the First-tier Tribunal” means a person who is a member of the First-tier Tribunal by virtue of—U.K.

(a)section 4(3)(d) (members of employment tribunals who are not [F17Employment Judges]),[F18 or]

(b)the combination of sections 4(3)(c) and 5(2)(c) (members of Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996),F19. . .

(c)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Lord Chancellor may pay to an ex officio member of the First-tier Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Textual Amendments

Training etc.U.K.

8U.K.The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges and other members of the First-tier Tribunal (in their capacities as such judges and other members).

OathsU.K.

9(1)Sub-paragraph (2) applies to a person (“J”)—U.K.

(a)who is appointed under paragraph 1(1) or 2(1), or

(b)who becomes a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal and has not previously taken the required oaths after accepting another office.

(2)J must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from J.

(3)A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(4)In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(5)Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the First-tier Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—

(a)the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b)the affirmation and declaration as set out in section 19(3) of that Act.

Section 5

SCHEDULE 3U.K.Judges and other members of the Upper Tribunal

Power to appoint judges of Upper TribunalU.K.

1(1)Her Majesty, on the recommendation of the Lord Chancellor, may appoint a person to be one of the judges of the Upper Tribunal.U.K.

(2)A person is eligible for appointment under sub-paragraph (1) only if the person—

(a)satisfies the judicial-appointment eligibility condition on a 7-year basis,

(b)is an advocate or solicitor in Scotland of at least seven years' standing,

(c)is a barrister or solicitor in Northern Ireland of at least seven years' standing, or

(d)in the [F20opinion of the Senior President of Tribunals], has gained experience in law which makes the person as suitable for appointment as if the person satisfied any of paragraphs (a) to (c).

(3)Section 52(2) to (5) (meaning of “gain experience in law”) apply for the purposes of sub-paragraph (2)(d), but as if section 52(4)(i) referred to the [F21Senior President of Tribunals] instead of to the relevant decision-maker.

Textual Amendments

F21Words in Sch. 3 para. 1(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 30(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Power to appoint other members of Upper TribunalU.K.

2(1)The [F22Senior President of Tribunals] may appoint a person to be one of the members of the Upper Tribunal who are not judges of the tribunal.U.K.

(2)A person is eligible for appointment under sub-paragraph (1) only if the person has qualifications prescribed in an order made by the Lord Chancellor with the concurrence of the Senior President of Tribunals.

Textual Amendments

F22Words in Sch. 3 para. 2(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Appointed and transferred-in judges and other members: removal from officeU.K.

3(1)This paragraph applies to any power by which—U.K.

(a)a person appointed under paragraph 1(1) or 2(1),

(b)a transferred-in judge of the Upper Tribunal,

[F23(ba)a person who is a deputy judge of the Upper Tribunal (whether by appointment under paragraph 7(1) or as a result of provision under section 31(2)),]or

(c)a transferred-in other member of the Upper Tribunal,

may be removed from office.

(2)If the person exercises functions wholly or mainly in Scotland, the power may be exercised only with the concurrence of the Lord President of the Court of Session.

(3)If the person exercises functions wholly or mainly in Northern Ireland, the power may be exercised only with the concurrence of the Lord Chief Justice of Northern Ireland.

(4)If neither of sub-paragraphs (2) and (3) applies, the power may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

Textual Amendments

Terms of appointmentU.K.

4(1)This paragraph applies—U.K.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the Upper Tribunal, and

(c)to a transferred-in other member of the Upper Tribunal.

(2)If the terms of the person's appointment provide that he is appointed on a salaried (as opposed to fee-paid) basis, the person may be removed from office—

(a)only by the Lord Chancellor (and in accordance with paragraph 3), and

(b)only on the ground of inability or misbehaviour.

[F24(2A)If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office—

(a)only by the Lord Chancellor (and in accordance with paragraph 3), and

(b)only on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment.

(2B)If the period (or extended period) for which the person is appointed ends before—

(a)the day on which the person attains the age of 70, or

(b)if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case,

then, subject to sub-paragraph (2C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(2C)Extension under sub-paragraph (2B)—

(a)requires the person's agreement,

(b)is to be for such period as the Lord Chancellor considers appropriate, and

(c)may be refused on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.]

(3)Subject to [F25the preceding provisions of this paragraph (but subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8)), the person is to hold and vacate office as a judge, or other member, of the Upper Tribunal in accordance with the terms of his appointment[F26, which are to be such as the Lord Chancellor may determine].

Textual Amendments

Remuneration, allowances and expensesU.K.

5(1)Sub-paragraph (2) applies—U.K.

(a)to a person appointed under paragraph 1(1) or 2(1),

(b)to a transferred-in judge of the Upper Tribunal, and

(c)to a transferred-in other member of the Upper Tribunal.

(2)The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Certain judges neither appointed under paragraph 1(1) nor transferred inU.K.

6(1)In this paragraph “judge by request of the Upper Tribunal” means a person who is a judge of the Upper Tribunal but—U.K.

(a)is not the Senior President of Tribunals,

(b)is not a judge of the Upper Tribunal appointed under paragraph 1(1),

(c)is not a transferred-in judge of the Upper Tribunal,

(d)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)is not a deputy judge of the Upper Tribunal, and

(f)is not a Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the Upper Tribunal.

(2)A judge by request of the Upper Tribunal may act as a judge of the Upper Tribunal only if requested to do so by the Senior President of Tribunals.

(3)Such a request made to a person who is a judge of the Upper Tribunal by virtue of section 5(1)(g) may be made only with—

(a)the concurrence of the Lord Chief Justice of England and Wales where the person is—

(i)an ordinary judge of the Court of Appeal in England and Wales,

(ii)a puisne judge of the High Court in England and Wales,

(iii)a circuit judge,

(iv)a district judge in England and Wales, F28...

(v)a District Judge (Magistrates' Courts)[F29,

(vi)the Master of the Rolls,

(vii)the President of the Queen's Bench Division of the High Court of England and Wales,

(viii)the President of the Family Division of that court,

(ix)the Chancellor of that court,

(x)a deputy judge of that court, or

(xi)the Judge Advocate General;]

(b)the concurrence of the Lord President of the Court of Session where the person is—

(i)a judge of the Court of Session, or

(ii)a sheriff;

(c)the concurrence of the Lord Chief Justice of Northern Ireland where the person is—

(i)a Lord Justice of Appeal in Northern Ireland,

(ii)a puisne judge of the High Court in Northern Ireland,

(iii)a county court judge in Northern Ireland, or

(iv)a district judge in Northern Ireland.

(4)The Lord Chancellor may pay to a judge by request of the Upper Tribunal, or a person who is a judge of the Upper Tribunal by virtue of section 5(1)(d), such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Textual Amendments

Deputy judges of the Upper TribunalU.K.

7(1)The [F30Senior President of Tribunals] may appoint a person to be a deputy judge of the Upper Tribunal for such period as the Lord Chancellor considers appropriate.U.K.

(2)A person is eligible for appointment under sub-paragraph (1) only if he is eligible to be appointed under paragraph 1(1) (see paragraph 1(2)).

(3)[F31The following provisions of this paragraph] apply—

(a)to a person appointed under sub-paragraph (1), and

(b)to a person who becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2).

[F32(3A)The person may be removed from office—

(a)only by the Lord Chancellor (and in accordance with paragraph 3), and

(b)only on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment.

(3B)If the period (or extended period) for which the person is appointed ends before—

(a)the day on which the person attains the age of 70, or

(b)if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case,

then, subject to sub-paragraph (3C), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(3C)Extension under sub-paragraph (3B)—

(a)requires the person's agreement,

(b)is to be for such period as the Lord Chancellor considers appropriate, and

(c)may be refused on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.

(4)Subject to the previous provisions of this paragraph (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person is to hold and vacate office as a deputy judge of the Upper Tribunal in accordance with the person's terms of appointment, which are to be such as the Lord Chancellor may determine.]

(5)The Lord Chancellor may pay to a person to whom this sub-paragraph applies such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Textual Amendments

F30Words in Sch. 3 para. 7(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(6); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F31Words in Sch. 3 para. 7(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 46(7); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Other members neither appointed under paragraph 2(1) nor transferred inU.K.

8(1)In this paragraph “ex officio member of the Upper Tribunal” means—U.K.

(a)a person who is a member of the Upper Tribunal by virtue of section 5(2)(c) (member of Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17)),F33. . .

(b)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Lord Chancellor may pay to an ex officio member of the Upper Tribunal such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Textual Amendments

Training etc.U.K.

9U.K.The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges and other members of the Upper Tribunal (in their capacities as such judges and other members).

OathsU.K.

10(1)Sub-paragraph (2) applies to a person (“J”)—U.K.

(a)who is appointed under paragraph 1(1), 2(1) or 7(1), or

(b)who—

(i)becomes a transferred-in judge, or a transferred-in other member, of the Upper Tribunal, or

(ii)becomes a deputy judge of the Upper Tribunal as a result of provision under section 31(2),

and has not previously taken the required oaths after accepting another office.

(2)J must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from J.

(3)A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(4)In this paragraph “the required oaths” means (subject to sub-paragraph (5))—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(5)Where it appears to the Lord Chancellor that J will carry out functions as a judge or other member of the Upper Tribunal wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to J “the required oaths” means—

(a)the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b)the affirmation and declaration as set out in section 19(3) of that Act.

Section 7

SCHEDULE 4U.K.Chambers and Chamber Presidents: further provision

Part 1U.K.Chamber Presidents: appointment, delegation, deputies and further provision

Eligibility for appointment as Chamber President [F34under section 7(7)]U.K.

Textual Amendments

1U.K.A person is eligible for appointment under section 7(7) only if—

(a)he is a judge of the Upper Tribunal, or

(b)he does not fall within paragraph (a) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).

Appointment as Chamber President [F35under section 7(7)]: consultation and nominationU.K.

Textual Amendments

2(1)The [F36Senior President of Tribunals must consult the Lord Chancellor before the Senior President of Tribunals] appoints under section 7(7) a person within—U.K.

  • section 6(1)(a) (ordinary judge of Court of Appeal in England and Wales),

  • section 6(1)(b) (Lord Justice of Appeal in Northern Ireland),

  • section 6(1)(c) (judge of the Court of Session), or

  • section 6(1)(d) (puisne judge of the High Court in England and Wales or Northern Ireland).

(2)If the [F37Senior President of Tribunals], in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the [F37Senior President of Tribunals] must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(3)If the [F37Senior President of Tribunals], in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the [F37Senior President of Tribunals] must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(4)If the [F37Senior President of Tribunals], in exercise of his power under section 7(7) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the [F37Senior President of Tribunals] must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

[F38(4A)The Senior President of Tribunals may make a request under sub-paragraph (2), (3) or (4) only with the Lord Chancellor's concurrence.]

(5)If a judge is nominated under sub-paragraph (2), (3) or (4) in response to a request under that sub-paragraph, the [F39Senior President of Tribunals] must appoint the nominated judge as Chamber President of the chamber concerned.

Textual Amendments

F36Words in Sch. 4 para. 2(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F39Words in Sch. 4 para. 2(5) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(6); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

Chamber Presidents: duration of appointment, remuneration etc.U.K.

3(1)A Chamber President is to hold and vacate office as a Chamber President in accordance with the terms of his appointment as a Chamber President [F40but subject to paragraph 5A (and subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8))[F41, and those terms are to be such as the Lord Chancellor may determine.]U.K.

(2)The Lord Chancellor may pay to a Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

Textual Amendments

Delegation of functions by Chamber PresidentsU.K.

4(1)The Chamber President of a chamber of the First-tier Tribunal or Upper Tribunal may delegate any function he has in his capacity as the Chamber President of the chamber—U.K.

(a)to any judge, or other member, of either of those tribunals;

(b)to staff appointed under section 40(1).

(2)A delegation under sub-paragraph (1) is not revoked by the delegator's becoming incapacitated.

(3)Any delegation made by a person under sub-paragraph (1) that is in force immediately before the person ceases to be the Chamber President of a chamber continues in force until subsequently varied or revoked by another holder of the office of Chamber President of that chamber.

(4)The delegation under sub-paragraph (1) of a function shall not prevent the exercise of the function by the Chamber President of the chamber concerned.

(5)In this paragraph “delegate” includes further delegate.

Deputy Chamber PresidentsU.K.

5(1)The [F42Senior President of Tribunals] may appoint a person who is not a Deputy Chamber President of a chamber to be a Deputy Chamber President of a chamber.U.K.

(2)The Senior President of Tribunals may appoint a person who is a Deputy Chamber President of a chamber to be instead, or to be also, a Deputy Chamber President of another chamber.

(3)The power under sub-paragraph (1) is exercisable in any particular case only if the [F43Senior President of Tribunals]—

(a)has consulted the [F44Lord Chancellor] about whether a Deputy Chamber President should be appointed for the chamber concerned, and

(b)considers, in the light of the consultation, that a Deputy Chamber President of the chamber should be appointed.

(4)A person is eligible for appointment under sub-paragraph (1) only if—

(a)he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3,

(b)he is a transferred-in judge of the Upper Tribunal (see section 31(2)),

(c)he is a judge of the Upper Tribunal by virtue of—

  • F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • section 5(1)(e) (Social Security Commissioner for Northern Ireland),

  • section 5(1)(g) (certain judges of courts in the United Kingdom), or

  • section 5(1)(h) (deputy judge of the Upper Tribunal), or

(d)he falls within none of paragraphs (a) to (c) but is eligible to be appointed under paragraph 1(1) of Schedule 3 as a judge of the Upper Tribunal (see paragraph 1(2) of that Schedule).

(5)If the [F46Senior President of Tribunals], in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the ordinary judges of the Court of Appeal in England and Wales or the puisne judges of the High Court in England and Wales, the [F46Senior President of Tribunals] must first ask the Lord Chief Justice of England and Wales to nominate one of those judges for the purpose.

(6)If the [F46Senior President of Tribunals], in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the judges of the Court of Session, the [F46Senior President of Tribunals] must first ask the Lord President of the Court of Session to nominate one of those judges for the purpose.

(7)If the [F46Senior President of Tribunals], in exercise of his power under sub-paragraph (1) in a particular case, wishes that the person appointed should be drawn from among the Lords Justices of Appeal in Northern Ireland or the puisne judges of the High Court in Northern Ireland, the [F46Senior President of Tribunals] must first ask the Lord Chief Justice of Northern Ireland to nominate one of those judges for the purpose.

[F47(7A)The Senior President of Tribunals may make a request under sub-paragraph (5), (6) or (7) only with the Lord Chancellor's concurrence.]

(8)If a judge is nominated under sub-paragraph (5), (6) or (7) in response to a request under that sub-paragraph, the [F48Senior President of Tribunals] must appoint the nominated judge as a Deputy Chamber President of the chamber concerned.

(9)A Deputy Chamber President is to hold and vacate office as a Deputy Chamber President in accordance with the terms of his appointment [F49but subject to paragraph 5A (and subject in the first place] to the Judicial Pensions and Retirement Act 1993 (c. 8))[F50, and those terms are to be such as the Lord Chancellor may determine.]

(10)The Lord Chancellor may pay to a Deputy Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

(11)In sub-paragraphs (1) and (2) “chamber” means chamber of the First-tier Tribunal or chamber of the Upper Tribunal.

Textual Amendments

F42Words in Sch. 4 para. 5(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(8); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F43Words in Sch. 4 para. 5(3) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(9); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

[F51Chamber Presidents and Deputies: removal from office and extension of appointmentU.K.

Textual Amendments

F51Sch. 4 para. 5A and cross-heading inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 47(14); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

5A(1)This paragraph applies to a person—U.K.

(a)appointed under section 7(6) or (7) as a Chamber President, or

(b)appointed under paragraph 5(1) or (2) as a Deputy Chamber President of a chamber.

(2)If the terms of the person's appointment provide that the person is appointed otherwise than on a fee-paid basis, the person may be removed from office—

(a)only by the Lord Chancellor with the concurrence of the Senior President of Tribunals, and

(b)only on the ground of inability or misbehaviour.

(3)If the terms of the person's appointment provide that the person is appointed on a fee-paid basis, the person may be removed from office—

(a)only by the Lord Chancellor with the concurrence of the Senior President of Tribunals, and

(b)only on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment.

(4)If the period (or extended period) for which the person is appointed ends before—

(a)the day on which the person attains the age of 70, or

(b)if different, the day that for the purposes of section 26 of the Judicial Pensions and Retirement Act 1993 is the compulsory retirement date for the office concerned in the person's case,

then, subject to sub-paragraph (5), the Lord Chancellor must extend the period of the person's appointment (including a period already extended under this sub-paragraph) before it ends.

(5)Extension under sub-paragraph (4)—

(a)requires the person's agreement,

(b)is to be for such period as the Lord Chancellor considers appropriate, and

(c)may be refused on—

(i)the ground of inability or misbehaviour, or

(ii)a ground specified in the person's terms of appointment,

but only with any agreement of a senior judge (see section 46(7)), or a nominee of a senior judge, that may be required by those terms.]

Acting Chamber PresidentsU.K.

6(1)If in the case of a particular chamber of the First-tier Tribunal or Upper Tribunal there is no-one appointed under section 7 to preside over the chamber, the Senior President of Tribunals may appoint a person to preside over the chamber during the vacancy.U.K.

(2)A person appointed under sub-paragraph (1) is to be known as an Acting Chamber President.

(3)A person who is the Acting Chamber President of a chamber is to be treated as the Chamber President of the chamber for all purposes other than—

(a)the purposes of this paragraph of this Schedule, and

(b)the purposes of the Judicial Pensions and Retirement Act 1993 (c. 8).

(4)A person is eligible for appointment under sub-paragraph (1) only if he is eligible for appointment as a Chamber President.

(5)An Acting Chamber President is to hold and vacate office as an Acting Chamber President in accordance with the terms of his appointment.

(6)The Lord Chancellor may pay to an Acting Chamber President such amounts (if any) as the Lord Chancellor may determine by way of—

(a)remuneration;

(b)allowances;

(c)expenses.

GuidanceU.K.

7U.K.The Chamber President of a chamber of the First-tier Tribunal or the Upper Tribunal is to make arrangements for the issuing of guidance on changes in the law and practice as they relate to the functions allocated to the chamber.

OathsU.K.

8(1)Sub-paragraph (2) applies to a person (“the appointee”)—U.K.

(a)appointed under section 7(7) as a Chamber President,

(b)appointed under paragraph 5(1) as a Deputy Chamber President of a chamber, or

(c)appointed as an Acting Chamber President.

(2)The appointee must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3)A person is eligible for the purposes of sub-paragraph (2)(b) if any one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4));

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(4)Sub-paragraph (2) does not apply to the appointee if he has previously taken the required oaths in compliance with a requirement imposed on him under paragraph 9 of Schedule 2 or paragraph 10 of Schedule 3.

(5)In this paragraph “the required oaths” means (subject to sub-paragraph (6))—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868 (c. 72).

(6)Where it appears to the Lord Chancellor that the appointee will carry out functions under his appointment wholly or mainly in Northern Ireland, the Lord Chancellor may direct that in relation to the appointee “the required oaths” means—

(a)the oath as set out in section 19(2) of the Justice (Northern Ireland) Act 2002 (c. 26), or

(b)the affirmation and declaration as set out in section 19(3) of that Act.

Part 2U.K.Judges and other members of chambers: assignment and jurisdiction

Assignment is function of Senior President of TribunalsU.K.

9(1)The Senior President of Tribunals has—U.K.

(a)the function of assigning judges and other members of the First-tier Tribunal (including himself) to chambers of the First-tier Tribunal, and

(b)the function of assigning judges and other members of the Upper Tribunal (including himself) to chambers of the Upper Tribunal.

(2)The functions under sub-paragraph (1) are to be exercised in accordance with the following provisions of this Part of this Schedule.

Deemed assignment of Chamber Presidents and Deputy Chamber PresidentsU.K.

10(1)The Chamber President, or a Deputy Chamber President, of a chamber—U.K.

(a)is to be taken to be assigned to that chamber;

(b)may be assigned additionally to one or more of the other chambers;

(c)may be assigned under paragraph (b) to different chambers at different times.

(2)Paragraphs 11(1) and (2) and 12(2) and (3) do not apply to assignment of a person who is a Chamber President or a Deputy Chamber President.

(3)In sub-paragraph (1) “chamber” means chamber of the First-tier Tribunal or the Upper Tribunal.

Assigning members of First-tier Tribunal to its chambersU.K.

11(1)Each person who is a judge or other member of the First-tier Tribunal by virtue of appointment under paragraph 1(1) or 2(1) of Schedule 2 or who is a transferred-in judge, or transferred-in other member, of the First-tier Tribunal—U.K.

(a)is to be assigned to at least one of the chambers of the First-tier Tribunal, and

(b)may be assigned to different chambers of the First-tier Tribunal at different times.

(2)A judge or other member of the First-tier Tribunal to whom sub-paragraph (1) does not apply—

(a)may be assigned to one or more of the chambers of the First-tier Tribunal, and

(b)may be assigned to different chambers of the First-tier Tribunal at different times.

(3)The Senior President of Tribunals may assign a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence—

(a)of the Chamber President of the chamber, and

(b)of the judge or other member.

(4)The Senior President of Tribunals may end the assignment of a judge or other member of the First-tier Tribunal to a particular chamber of the First-tier Tribunal only with the concurrence of the Chamber President of the chamber.

(5)Sub-paragraph (3)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the First-tier Tribunal.

(6)Sub-paragraphs (3)(a) and (4) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts).

(7)Sub-paragraphs (3) and (4) do not apply where the judge concerned is the Senior President of Tribunals himself.

Assigning members of Upper Tribunal to its chambersU.K.

12(1)Sub-paragraph (2) applies to a person if—U.K.

(a)he is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3, or

(b)he is a transferred-in judge of the Upper Tribunal, or

(c)he is a deputy judge of the Upper Tribunal, or

(d)he is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3, or

(e)he is a transferred-in other member of the Upper Tribunal.

(2)Each person to whom this sub-paragraph applies—

(a)is to be assigned to at least one of the chambers of the Upper Tribunal, and

(b)may be assigned to different chambers of the Upper Tribunal at different times.

(3)A judge or other member of the Upper Tribunal to whom sub-paragraph (2) does not apply—

(a)may be assigned to one or more of the chambers of the Upper Tribunal, and

(b)may be assigned to different chambers of the Upper Tribunal at different times.

(4)The Senior President of Tribunals may assign a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence—

(a)of the Chamber President of the chamber, and

(b)of the judge or other member.

(5)The Senior President of Tribunals may end the assignment of a judge or other member of the Upper Tribunal to a particular chamber of the Upper Tribunal only with the concurrence of the Chamber President of the chamber.

(6)Sub-paragraph (4)(a) does not apply where the judge, or other member, concerned is not assigned to any of the chambers of the Upper Tribunal.

(7)Sub-paragraphs (4)(a) and (5) do not apply where the judge concerned is within section 6(1)(a) to (d) (judges of Courts of Appeal, Court of Session and High Courts).

(8)Sub-paragraphs (4) and (5) do not apply where the judge concerned is the Senior President of Tribunals himself.

Policy of Senior President of Tribunals as respects assigning members to chambers etc.U.K.

13(1)The Senior President of Tribunals must publish a document recording the policy adopted by him in relation to—U.K.

(a)the assigning of persons to chambers in exercise of his functions under paragraph 9,

(b)F52. . . and

(c)the nominating of persons to act as members of panels of members of employment tribunals in exercise of his functions under any such provision as is mentioned in section 5D(1) of the Employment Tribunals Act 1996 (c. 17).

(2)That policy must be such as to secure—

(a)that appropriate use is made of the knowledge and experience of the judges and other members of the First-tier Tribunal and Upper Tribunal, and

(b)that, in the case of a chamber (of the First-tier Tribunal or Upper Tribunal) whose business consists of, or includes, cases likely to involve the application of the law of Scotland or Northern Ireland, sufficient knowledge and experience of that law is to be found among persons assigned to the chamber.

(3)No policy may be adopted by the Senior President of Tribunals for the purposes of sub-paragraph (1) unless the Lord Chancellor concurs in the policy.

(4)The Senior President of Tribunals must keep any policy adopted for the purposes of sub-paragraph (1) under review.

Textual Amendments

Choosing members to decide casesU.K.

14(1)The First-tier Tribunal's function, or the Upper Tribunal's function, of deciding any matter in a case before the tribunal is to be exercised by a member or members of the chamber of the tribunal to which the case is allocated.U.K.

(2)The member or members must be chosen by the Senior President of Tribunals.

(3)A person choosing under sub-paragraph (2)—

(a)must act in accordance with any provision under paragraph 15;

(b)may choose himself.

(4)In this paragraph “member”, in relation to a chamber of a tribunal, means a judge or other member of the tribunal who is assigned to the chamber.

Composition of tribunalsU.K.

15(1)The Lord Chancellor must by order make provision, in relation to every matter that may fall to be decided by the First-tier Tribunal or the Upper Tribunal, for determining the number of members of the tribunal who are to decide the matter.U.K.

(2)Where an order under sub-paragraph (1) provides for a matter to be decided by a single member of a tribunal, the order—

(a)must make provision for determining whether the matter is to be decided by one of the judges, or by one of the other members, of the tribunal, and

(b)may make provision for determining, if the matter is to be decided by one of the other members of the tribunal, what qualifications (if any) that other member must have.

(3)Where an order under sub-paragraph (1) provides for a matter to be decided by two or more members of a tribunal, the order—

(a)must make provision for determining how many (if any) of those members are to be judges of the tribunal and how many (if any) are to be other members of the tribunal, and

(b)may make provision for determining—

(i)if the matter is to be decided by persons who include one or more of the other members of the tribunal, or

(ii)if the matter is to be decided by two or more of the other members of the tribunal,

what qualifications (if any) that other member or any of those other members must have.

(4)A duty under sub-paragraph (1), (2) or (3) to provide for the determination of anything may be discharged by providing for the thing to be determined by the Senior President of Tribunals, or a Chamber President, in accordance with any provision made under that sub-paragraph.

(5)Power under paragraph (b) of sub-paragraph (2) or (3) to provide for the determination of anything may be exercised by giving, to the Senior President of Tribunals or a Chamber President, power to determine that thing in accordance with any provision made under that paragraph.

(6)Where under sub-paragraphs (1) to (4) a matter is to be decided by two or more members of a tribunal, the matter may, if the parties to the case agree, be decided in the absence of one or more (but not all) of the members chosen to decide the matter.

(7)Where the member, or any of the members, of a tribunal chosen to decide a matter does not have any qualification that he is required to have under sub-paragraphs (2)(b), or (3)(b), and (5), the matter may despite that, if the parties to the case agree, be decided by the chosen member or members.

(8)Before making an order under this paragraph, the Lord Chancellor must consult the Senior President of Tribunals.

(9)In this paragraph “qualification” includes experience.

Section 22

SCHEDULE 5U.K.Procedure in First-tier Tribunal and Upper Tribunal

Part 1 U.K.Tribunal Procedure Rules

IntroductoryU.K.

1(1)This Part of this Schedule makes further provision about the content of Tribunal Procedure Rules.U.K.

(2)The generality of section 22(1) is not to be taken to be prejudiced by—

(a)the following paragraphs of this Part of this Schedule, or

(b)any other provision (including future provision) authorising or requiring the making of provision by Tribunal Procedure Rules.

(3)In the following paragraphs of this Part of this Schedule “Rules” means Tribunal Procedure Rules.

Concurrent functionsU.K.

2U.K.Rules may make provision as to who is to decide, or as to how to decide, which of the First-tier Tribunal and Upper Tribunal is to exercise, in relation to any particular matter, a function that is exercisable by the two tribunals on the basis that the question as to which of them is to exercise the function is to be determined by, or under, Rules.

Delegation of functions to staffU.K.

3(1)Rules may provide for functions—U.K.

(a)of the First-tier Tribunal, or

(b)of the Upper Tribunal,

to be exercised by staff appointed under section 40(1).

(2)In making provision of the kind mentioned in sub-paragraph (1) in relation to a function, Rules may (in particular)—

(a)provide for the function to be exercisable by a member of staff only if the member of staff is, or is of a description, specified in exercise of a discretion conferred by Rules;

(b)provide for the function to be exercisable by a member of staff only if the member of staff is approved, or is of a description approved, for the purpose by a person specified in Rules.

Time limitsU.K.

4U.K.Rules may make provision for time limits as respects initiating, or taking any step in, proceedings before the First-tier Tribunal or the Upper Tribunal.

Repeat applicationsU.K.

5U.K.Rules may make provision restricting the making of fresh applications where a previous application in relation to the same matter has been made.

Tribunal acting of its own initiativeU.K.

6U.K.Rules may make provision about the circumstances in which the First-tier Tribunal, or the Upper Tribunal, may exercise its powers of its own initiative.

HearingsU.K.

7U.K.Rules may—

(a)make provision for dealing with matters without a hearing;

(b)make provision as respects allowing or requiring a hearing to be in private or as respects allowing or requiring a hearing to be in public.

Proceedings without noticeU.K.

8U.K.Rules may make provision for proceedings to take place, in circumstances described in Rules, at the request of one party even though the other, or another, party has had no notice.

RepresentationU.K.

9U.K.Rules may make provision conferring additional rights of audience before the First-tier Tribunal or the Upper Tribunal.

Evidence, witnesses and attendanceU.K.

10(1)Rules may make provision about evidence (including evidence on oath and administration of oaths).U.K.

(2)Rules may modify any rules of evidence provided for elsewhere, so far as they would apply to proceedings before the First-tier Tribunal or Upper Tribunal.

(3)Rules may make provision, where the First-tier Tribunal has required a person—

(a)to attend at any place for the purpose of giving evidence,

(b)otherwise to make himself available to give evidence,

(c)to swear an oath in connection with the giving of evidence,

(d)to give evidence as a witness,

(e)to produce a document, or

(f)to facilitate the inspection of a document or any other thing (including any premises),

for the Upper Tribunal to deal with non-compliance with the requirement as though the requirement had been imposed by the Upper Tribunal.

(4)Rules may make provision for the payment of expenses and allowances to persons giving evidence, producing documents, attending proceedings or required to attend proceedings.

Use of informationU.K.

11(1)Rules may make provision for the disclosure or non-disclosure of information received during the course of proceedings before the First-tier Tribunal or Upper Tribunal.U.K.

(2)Rules may make provision for imposing reporting restrictions in circumstances described in Rules.

Costs and expensesU.K.

12(1)Rules may make provision for regulating matters relating to costs, or (in Scotland) expenses, of proceedings before the First-tier Tribunal or Upper Tribunal.U.K.

(2)The provision mentioned in sub-paragraph (1) includes (in particular)—

(a)provision prescribing scales of costs or expenses;

(b)provision for enabling costs to undergo detailed assessment in England and Wales by [F53the county court] or the High Court;

(c)provision for taxation in Scotland of accounts of expenses by an Auditor of Court;

(d)provision for enabling costs to be taxed in Northern Ireland in [F53the county court] or the High Court;

(e)provision for costs or expenses—

(i)not to be allowed in respect of items of a description specified in Rules;

(ii)not to be allowed in proceedings of a description so specified;

(f)provision for other exceptions to either or both of subsections (1) and (2) of section 29.

Textual Amendments

F53Words in Sch. 5 para. 12(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Set-off and interestU.K.

13(1)Rules may make provision for a party to proceedings to deduct, from amounts payable by him, amounts payable to him.U.K.

(2)Rules may make provision for interest on sums awarded (including provision conferring a discretion or provision in accordance with which interest is to be calculated).

ArbitrationU.K.

14U.K.Rules may provide for [F54any of the provisions of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 (which extends to Scotland) or] Part 1 of the Arbitration Act 1996 (c. 23) (which extends to England and Wales, and Northern Ireland, but not Scotland) not to apply, or not to apply except so far as is specified in Rules, where the First-tier Tribunal, or Upper Tribunal, acts as arbitrator.

Textual Amendments

Correction of errors and setting-aside of decisions on procedural groundsU.K.

15(1)Rules may make provision for the correction of accidental errors in a decision or record of a decision.U.K.

(2)Rules may make provision for the setting aside of a decision in proceedings before the First-tier Tribunal or Upper Tribunal—

(a)where a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative,

(b)where a document relating to the proceedings was not sent to the First-tier Tribunal or Upper Tribunal at an appropriate time,

(c)where a party to the proceedings, or a party's representative, was not present at a hearing related to the proceedings, or

(d)where there has been any other procedural irregularity in the proceedings.

(3)Sub-paragraphs (1) and (2) shall not be taken to prejudice, or to be prejudiced by, any power to correct errors or set aside decisions that is exercisable apart from rules made by virtue of those sub-paragraphs.

Ancillary powersU.K.

16U.K.Rules may confer on the First-tier Tribunal, or the Upper Tribunal, such ancillary powers as are necessary for the proper discharge of its functions.

Rules may refer to practice directionsU.K.

17U.K.Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions under section 23.

PresumptionsU.K.

18U.K.Rules may make provision in the form of presumptions (including, in particular, presumptions as to service or notification).

Differential provisionU.K.

19U.K.Rules may make different provision for different purposes or different areas.

Part 2 U.K.Tribunal Procedure Committee

MembershipU.K.

20U.K.The Tribunal Procedure Committee is to consist of—

(a)the Senior President of Tribunals or a person nominated by him,

(b)the persons currently appointed by the Lord Chancellor under paragraph 21,

(c)the persons currently appointed by the Lord Chief Justice of England and Wales under paragraph 22,

(d)the person currently appointed by the Lord President of the Court of Session under paragraph 23, and

(e)any person currently appointed under paragraph 24 at the request of the Senior President of Tribunals.

Lord Chancellor's appointeesU.K.

21(1)The Lord Chancellor must appoint—U.K.

(a)three persons each of whom must be a person with experience of—

(i)practice in tribunals, or

(ii)advising persons involved in tribunal proceedings, F55...

F55(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Before making an appointment under sub-paragraph (1), the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

F56(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Lord Chief Justice's appointeesU.K.

22(1)The Lord Chief Justice of England and Wales must appoint—U.K.

(a)one of the judges of the First-tier Tribunal,

(b)one of the judges of the Upper Tribunal, and

(c)one person who is a member of the First-tier Tribunal, or is a member of the Upper Tribunal, but is not a judge of the First-tier Tribunal and is not a judge of the Upper Tribunal.

(2)Before making an appointment under sub-paragraph (1), the Lord Chief Justice of England and Wales must consult the Lord Chancellor.

Lord President's appointeeU.K.

23(1)The Lord President of the Court of Session must appoint one person with experience in and knowledge of the Scottish legal system.U.K.

(2)Before making an appointment under sub-paragraph (1), the Lord President of the Court of Session must consult the Lord Chancellor.

Persons appointed at request of Senior President of TribunalsU.K.

24(1)At the request of the Senior President of Tribunals, an appropriate senior judge may appoint a person or persons with experience in and knowledge of—U.K.

(a)a particular issue, or

(b)a particular subject area in relation to which the First-tier Tribunal or the Upper Tribunal has, or is likely to have, jurisdiction,

for the purpose of assisting the Committee with regard to that issue or subject area.

(2)In sub-paragraph (1) “an appropriate senior judge” means any of—

(a)the Lord Chief Justice of England and Wales,

(b)the Lord President of the Court of Session, and

(c)the Lord Chief Justice of Northern Ireland.

(3)The total number of persons appointed at any time under sub-paragraph (1) must not exceed four.

(4)Before making an appointment under sub-paragraph (1), the person making the appointment must consult the Lord Chancellor.

(5)The terms of appointment of a person appointed under sub-paragraph (1) may (in particular) authorise him to act as a member of the Committee only in relation to matters specified by those terms.

Power to amend paragraphs 20 to 24U.K.

25(1)The Lord Chancellor may by order—U.K.

(a)amend any of paragraphs 20, 21(1), 22(1), 23(1) and 24(1), and

(b)make consequential amendments in any other provision of paragraphs 21 to 24 or in paragraph 28(7).

(2)The making of an order under this paragraph—

(a)requires the concurrence of the Lord Chief Justice of England and Wales,

(b)if the order amends paragraph 23(1), requires also the concurrence of the Lord President of the Court of Session, and

(c)if the order amends paragraph 24(1), requires also the concurrence of the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland.

Committee members' expensesU.K.

26U.K.The Lord Chancellor may reimburse members of the Tribunal Procedure Committee their travelling and out-of-pocket expenses.

Part 3 U.K.Making of Tribunal Procedure Rules by Tribunal Procedure Committee

Meaning of “Rules” and “the Committee”U.K.

27U.K.In the following provisions of this Part of this Schedule—

  • “the Committee” means the Tribunal Procedure Committee;

  • “Rules” means Tribunal Procedure Rules.

Process for making RulesU.K.

28(1)Before the Committee makes Rules, the Committee must—U.K.

(a)consult such persons (including such of the Chamber Presidents) as it considers appropriate,

(b)consult the Lord President of the Court of Session if the Rules contain provision relating to proceedings in Scotland, and

(c)meet (unless it is inexpedient to do so).

(2)Rules made by the Committee must be—

(a)signed by a majority of the members of the Committee, and

(b)submitted to the Lord Chancellor.

(3)The Lord Chancellor may allow or disallow Rules so made.

(4)If the Lord Chancellor disallows Rules so made, he must give the Committee written reasons for doing so.

(5)Rules so made and allowed—

(a)come into force on such day as the Lord Chancellor directs, and

(b)are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6)A statutory instrument containing Rules made by the Committee is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In the case of a member of the Committee appointed under paragraph 24, the terms of his appointment may (in particular) provide that, for the purposes of sub-paragraph (2)(a), he is to count as a member of the Committee only in relation to matters specified in those terms.

Power of Lord Chancellor to require Rules to be madeU.K.

29(1)This paragraph applies if the Lord Chancellor gives the Committee written notice that he thinks it is expedient for Rules to include provision that would achieve a purpose specified in the notice.U.K.

(2)The Committee must make such Rules, in accordance with paragraph 28, as it considers necessary to achieve the specified purpose.

(3)Those Rules must be made—

(a)within such period as may be specified by the Lord Chancellor in the notice, or

(b)if no period is so specified, within a reasonable period after the Lord Chancellor gives the notice to the Committee.

Part 4 U.K.Power to amend legislation in connection with Tribunal Procedure Rules

Lord Chancellor's powerU.K.

30(1)The Lord Chancellor may by order amend, repeal or revoke any enactment to the extent he considers necessary or desirable—U.K.

(a)in order to facilitate the making of Tribunal Procedure Rules, or

(b)in consequence of—

(i)section 22,

(ii)Part 1 or 3 of this Schedule, or

(iii)Tribunal Procedure Rules.

(2)In this paragraph “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

Sections 30 to 37

SCHEDULE 6U.K.Tribunals for the purposes of sections 30 to 36

Part 1U.K.Tribunals for the purposes of sections 30, 35 and 36

TribunalEnactment
[F57Agricultural Land Tribunals for areas in England][F57Section 73 of the Agriculture Act 1947 (c.48)]
Appeal tribunalChapter 1 of Part 1 of the Social Security Act 1998 (c. 14)
Child Support CommissionerSection 22 of the Child Support Act 1991 (c. 48)
The Secretary of State as respects his function of deciding appeals under:Section 41 of the Consumer Credit Act 1974 (c. 39)
The Secretary of State as respects his function of deciding appeals under:Section 7(1) of the Estate Agents Act 1979 (c. 38)
Foreign Compensation CommissionSection 1 of the Foreign Compensation Act 1950 (c. 12)
Commissioner for the general purposes of the income taxSection 2 of the Taxes Management Act 1970 (c. 9)
Information TribunalSection 6 of the Data Protection Act 1998 (c. 29)
Meat Hygiene Appeals TribunalRegulation 6 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/539)
Meat Hygiene Appeals TribunalRegulation 6 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/540)
Meat Hygiene Appeals TribunalRegulation 5 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995 (S.I. 1995/2148)
Mental Health Review Tribunal for a region of EnglandSection 65(1) and (1A)(a) of the Mental Health Act 1983 (c. 20)
Reinstatement CommitteeParagraph 1 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)
[F58Rent assessment committees for areas in England][F58Section 65 of, and Schedule 10 to, the Rent Act 1977 (c. 42)]
Reserve forces appeal tribunalSection 88 of the Reserve Forces Act 1996 (c. 14)
Sea Fish Licence TribunalSection 4AA of the Sea Fish (Conservation) Act 1967 (c. 84)
Social Security CommissionerSchedule 4 to the Social Security Act 1998 (c. 14)
Special Educational Needs and Disability TribunalSection 333 of the Education Act 1996 (c. 56)
Transport TribunalSchedule 4 to the Transport Act 1985 (c. 67)
Umpire or deputy umpireParagraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985
VAT and duties tribunalSchedule 12 to the Value Added Tax Act 1994 (c. 23)

Textual Amendments

Part 2U.K.Tribunals for the purposes of sections 30 and 35

TribunalEnactment
AdjudicatorSection 5 of the Criminal Injuries Compensation Act 1995 (c. 53)

Part 3U.K.Tribunals for the purposes of sections 30 and 36

TribunalEnactment
Adjudicator to Her Majesty's Land RegistrySection 107 of the Land Registration Act 2002 (c. 9)
Charity TribunalSection 2A of the Charities Act 1993 (c. 10)
Consumer Credit Appeals TribunalSection 40A of the Consumer Credit Act 1974 (c. 39)
F59. . .F59. . .
Gambling Appeals TribunalSection 140 of the Gambling Act 2005 (c. 19)
Immigration Services TribunalSection 87 of the Immigration and Asylum Act 1999 (c. 33)
Lands TribunalSection 1(1)(b) of the Lands Tribunal Act 1949 (c. 42)
Pensions Appeal Tribunal in England and WalesParagraph 1(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39)
Pensions Regulator TribunalSection 102 of the Pensions Act 2004 (c. 35)
Commissioner for the special purposes of the Income Tax ActsSection 4 of the Taxes Management Act 1970 (c. 9)

Textual Amendments

F59Sch. 6 Pt. 3 entry repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Part 4U.K.Tribunals for the purposes of section 30

TribunalEnactment
F60. . .F60. . .
F61. . .F61. . .
Antarctic Act TribunalRegulation 11 of the Antarctic Regulations 1995 (S.I. 1995/490)
Appeal tribunalPart 2 of Schedule 9 to the Scheme set out in Schedule 2 to the Firefighters' Pension Scheme Order 1992 (S.I. 1992/129)
[F62Asylum and Immigration TribunalSection 81 of the Nationality, Immigration and Asylum Act 2002]
Asylum Support AdjudicatorSection 102 of the Immigration and Asylum Act 1999
Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for EnglandSection 76 of the Local Government Act 2000 (c. 22)
[F63[F64Claims Management Services Tribunal][F64Section 12 of the Compensation Act 2006 (c.29)]]
Family Health Services Appeal AuthoritySection 49S of the National Health Service Act 1977 (c. 49)
[F65Gender Recognition PanelSection 1(3) of the Gender Recognition Act 2004 (c.7)]
F66. . .F66. . .
Appeals TribunalPart 3 of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 (S.I. 2003/1483)
Plant Varieties and Seeds TribunalSection 42 of the Plant Varieties Act 1997 (c. 66)
[F67PanelSection 189(6) of the Greater London Authority Act 1999]
TribunalRule 6 of the model provisions with respect to appeals as applied with modifications by the Chemical Weapons (Licence Appeal Provisions) Order 1996 (S.I. 1996/3030)
TribunalHealth Service Medicines (Price Control Appeals) Regulations 2000 (S.I. 2000/124)
TribunalSection 706 of the Income and Corporation Taxes Act 1988 (c. 1)
[F68TribunalSection 704 of the Income Tax Act 2007 (c.3)]
F69. . .F69. . .
TribunalPart 1 of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38)
TribunalRegulation H6(3) of the Police Pensions Regulations 1987 (S.I. 1987/257)
TribunalSection 9 of the Protection of Children Act 1999 (c. 14)

Textual Amendments

F61Sch. 6 Pt. 4 entry for the Aircraft and Shipbuilding Industries Arbitration Tribunal omitted (22.3.2013) by virtue of The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013 (S.I. 2013/686), art. 1(2), Sch. 1 para. 9

F62Sch. 6 Pt. 4: entry inserted (14.2.2010) by The Amendment to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2010 (S.I. 2010/20), art. 2

F64Sch. 6 Pt. 4 entry omitted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), art. 1(2)(3), 94

F66Words in Sch. 6 Pt. 4 omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(16)(a); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)

F69Words in Sch. 6 Pt. 4 repealed (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 3 Pt. 2 (with reg. 1(3))

Part 5U.K.Tribunals for the purposes of sections 35 and 36

TribunalEnactment
Employment Appeal TribunalSection 20 of the Employment Tribunals Act 1996 (c. 17)

Part 6U.K.Tribunals for the purposes of section 35

TribunalEnactment
Employment tribunalSection 1 of the Employment Tribunals Act 1996

Part 7U.K.Tribunals for the purposes of section 32(3)

TribunalEnactment
Case tribunal, or interim case tribunal, drawn from the Adjudication Panel for WalesSection 76 of the Local Government Act 2000 (c. 22)
[F70Agricultural Land Tribunal for Wales][F70Section 73 of the Agriculture Act 1947 (c. 48)]
Appeals TribunalLocal Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (S.I. 2001/2281)
Mental Health Review Tribunal for WalesSection 65(1) and (1A)(b) of the Mental Health Act 1983 (c. 20)
[F71Rent assessment committees for areas in Wales][F71Section 65 of, and Schedule 10 to, the Rent Act 1977 (c. 42)]
Special Educational Needs Tribunal for WalesSection 336ZA of the Education Act 1996 (c. 56)
TribunalSection 27 of, and Schedule 3 to, the Education Act 2005 (c. 18)

Textual Amendments

Section 44

SCHEDULE 7U.K.Administrative Justice and Tribunals Council

F72...U.K.

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

Textual Amendments

Section 48(1)

SCHEDULE 8U.K.Tribunals and Inquiries: consequential and other amendments

Taxes Management Act 1970 (c. 9)U.K.

1(1)The following offices are abolished—U.K.

  • General Commissioner;

  • clerk to the General Commissioners for a division;

  • assistant clerk to the General Commissioners for a division.

(2)In consequence of sub-paragraph (1), sections 2 and 3 of the Taxes Management Act 1970 cease to have effect.

(3)In this paragraph—

  • “division” has the meaning given by section 2(1) and (6) of that Act;

  • “General Commissioner” means a Commissioner for the general purposes of the income tax.

Chronically Sick and Disabled Persons Act 1970 (c. 44)U.K.

F732U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Health and Safety at Work etc. Act 1974 (c. 37)U.K.

F743U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

House of Commons Disqualification Act 1975 (c. 24)U.K.

4U.K.In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”

Commencement Information

I1Sch. 8 para. 4 wholly in force at 3.11.2008; Sch. 8 para. 4 not in force at Royal Assent see s. 148(5); Sch. 8 para. 4 in force for certain purposes at 1.1.2007 and for certain further purposes at 1.6.2008 by S.I. 2007/2709, arts. 3(b)(ii), {(6)(b)(i)} and Sch. 8 para. 4 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iii)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)U.K.

5U.K.In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), in the appropriate places insert— “ The Administrative Justice and Tribunals Council. ” “ The First-tier Tribunal. ” “ The Scottish Committee of the Administrative Justice and Tribunals Council. ” “ The Upper Tribunal. ” “ The Welsh Committee of the Administrative Justice and Tribunals Council. ”

Commencement Information

I2Sch. 8 para. 5 wholly in force at 3.11.2008; Sch. 8 para. 5 not in force at Royal Assent see s. 148(5); Sch. 8 para. 5 in force for certain purposes at 1.1.2007 and for certain further purposes at 1.6.2008 by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(i) and Sch. 8 para. 5 in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iii)

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)U.K.

6(1)The Litigants in Person (Costs and Expenses) Act 1975 is amended as follows.U.K.

(2)In section 1(1) and (2) (costs, expenses and losses of litigant in person to be recoverable), before the word “or” at the end of paragraph (b) insert—

“(ba)before the First-tier Tribunal or the Upper Tribunal,”.

(3)In section 1(4) (meaning of “rules of court”), before the word “and” at the end of paragraph (b) insert—

“(ba)in relation to the First-tier Tribunal or the Upper Tribunal, means Tribunal Procedure Rules,”.

Race Relations Act 1976 (c. 74)U.K.

7U.K.F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3Sch. 8 para. 7 wholly in force at 1.6.2008; Sch. 8 para. 7 not in force at Royal Assent see s. 148(5); Sch. 8 para. 7 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(ii)

Estate Agents Act 1979 (c. 38)U.K.

8U.K.Omit section 24(2) of the Estate Agents Act 1979 (Council on Tribunals' right to attend hearings etc.).

Town and Country Planning Act 1990 (c. 8)U.K.

F769U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7610U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7611U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7612U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

Food Safety Act 1990 (c. 16)U.K.

13(1)The Food Safety Act 1990 is amended as follows.U.K.

(2)In section 26(2)(e) (regulations may provide for appeals, including appeals to a tribunal set up by the regulations)—

(a)after “to the sheriff,” insert “ or to the First-tier Tribunal or the Upper Tribunal, ” and

(b)omit “or to a tribunal constituted in accordance with the regulations,”.

(3)In section 37(2) (subsection (1)(c) does not apply where appeal may be made to a tribunal set up by regulations under Part 2), for the words from “provide for an appeal” onwards substitute “provide for an appeal—

(a)to a tribunal constituted in accordance with the regulations, or

(b)to the First-tier Tribunal or the Upper Tribunal.”

Courts and Legal Services Act 1990 (c. 41)U.K.

14U.K.The Courts and Legal Services Act 1990 is amended as follows.

15U.K.In section 119(1) (interpretation), in the definition of “court”, for paragraph (a) (any tribunal kept under review by the Council on Tribunals) substitute—

“(a)a tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council);”.

16U.K.In Schedule 11 (full-time judges etc barred from legal practice), at the end insert— “Judge or other member of the First-tier Tribunal—

(a)appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007, or

(b)who is a transferred-in judge, or a transferred-in other member, of the First-tier Tribunal (see section 31(2) of that Act)

Judge or other member of the Upper Tribunal—

(a)appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, or

(b)who is a transferred-in judge, or a transferred-in other member, of the Upper Tribunal (see section 31(2) of that Act)

Senior President of Tribunals Chamber President, or Acting Chamber President or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

Social Security Administration Act 1992 (c. 5)U.K.

F7717U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7718U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Sch. 8 para. 18 wholly in force at 1.6.2008; Sch. 8 para. 18 not in force at Royal Assent see s. 148(5); Sch. 8 para. 18 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(iii), 6(b)(ii)

F7719U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transport and Works Act 1992 (c. 42)U.K.

20U.K.The Transport and Works Act 1992 is amended as follows.

21U.K.In section 22 (validity of orders authorising works), in subsections (1)(b) and (2)(b), for “1971” substitute “ 1992 ”.

22(1)Section 23 (inquiries etc. held by person appointed to determine application) is amended as follows.U.K.

(2)In subsection (9)—

(a)for “1971” substitute “ 1992 ”, and

(b)for “section 12(1)” substitute “ section 10(1) ”.

F78(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tribunals and Inquiries Act 1992 (c. 53)U.K.

23U.K.The Tribunals and Inquiries Act 1992 is amended as follows.

24U.K.Omit section 5 (recommendations of Council as to appointment of members of tribunals).

Commencement Information

I5Sch. 8 para. 24 in force at 19.8.2013 by S.I. 2013/2043, art. 2(a)

25U.K.In section 6, subsections (1) to (3) (chairman of a tribunal presided over by a Child Support Commissioner, and chairman of a reserve forces reinstatement committee, to be selected from panels appointed by Lord Chancellor or Lord President of the Court of Session) cease to have effect.

Commencement Information

I6Sch. 8 para. 25 partly in force; Sch. 8 para. 25 not in force at Royal Assent see s. 148(5); Sch. 8 para. 25 in force for certain purposes at 3.11.2008 by S.I. 2008/2696, art. 5(c)(ii)

26U.K.F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

27U.K.Omit section 8 (procedural rules for tribunals).

Commencement Information

I7Sch. 8 para. 27 partly in force; Sch. 8 para. 27 not in force at Royal Assent see s. 148(5); Sch. 8 para. 27 in force for certain purposes by S.I. 2008/1653, art. 2(a) (with arts. 3, 4)

I8Sch. 8 para. 27 in force at 19.8.2013 in so far as not already in force by S.I. 2013/2043, art. 2(b)

F8028U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

29U.K.In section 14(1) (restricted application of Act in relation to certain tribunals)—

(a)for “the working or a decision of, or procedural rules for,” substitute “ a decision of ”, and

(b)for “working, decisions or procedure” substitute “ decisions ”.

30U.K.In section 16(1) (interpretation)—

F81(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after the definition of “Council” insert—

““enactment” includes an Act of the Scottish Parliament,”

F82(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I9Sch. 8 para. 30 wholly in force at 1.6.2008; Sch. 8 para. 30 not in force at Royal Assent see s. 148; Sch. 8 para. 30(a)-(c) in force at 1.11.2007 and Sch. 8 para. 30(d) in force at 1.6.2008 by S.I. 2007/2709, art. 3(b)(i)

Judicial Pensions and Retirement Act 1993 (c. 8)U.K.

31(1)The Judicial Pensions and Retirement Act 1993 is amended as follows.U.K.

(2)In section 26 (retirement date for holders of certain judicial offices etc.), subsection (7) is amended as follows.

(3)In paragraph (f), for the words from “(persons” to the end substitute “ (holders of relevant office); ”.

(4)After paragraph (g) insert—

“(ga)hold office as a deputy judge of the Upper Tribunal if—

(i)section 94B of the Constitutional Reform Act 2005 applied to the appointment, and

(ii)his corresponding qualifying office was listed in section 6(1) of the Tribunals, Courts and Enforcement Act 2007;”.

(5)In Part 2 of Schedule 1 (offices which may be qualifying judicial offices for purposes of the pensions provisions), at the end of the part dealing with the members of tribunals insert— “Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007 Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007 Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007) Senior President of Tribunals Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

(6)In Schedule 5 (retirement provisions: the relevant offices), at the end insert— “ Judge or other member of the First-tier Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Judge or other member of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the Tribunals, Courts and Enforcement Act 2007Senior President of TribunalsDeputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007, except in a case where the holding of the office by the person in question falls within section 26(7)(ga) of this Actj011sDeputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the Tribunals, Courts and Enforcement Act 2007Clauses.rtf_j012aChamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal ”.

Commencement Information

I10Sch. 8 para. 31 wholly in force at 3.11.2008; Sch. 8 para. 31 not in force at Royal Assent see s. 148; Sch. 8 para. 31(1)-(3) in force at 19.9.2007 by S.I. 2007/2709, art. 2(c)(i); Sch. 8 para. 31(4)-(6) in force at 3.11.2008 by S.I. 2008/2696, art. 5(c)(i)

Pension Schemes Act 1993 (c. 48)U.K.

F8432U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)U.K.

33(1)Section 17(3) of the Law of Property (Miscellaneous Provisions) Act 1994 (notices affecting land where recipient has died: exceptions where relating to court or tribunal etc. proceedings) is amended as follows.U.K.

(2)For paragraph (b) substitute—

“(b)any tribunal that is (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council), or”.

F85(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I11Sch. 8 para. 33 wholly in force at 3.11.2008; Sch. 8 para. 33 not in force at Royal Assent see s. 148; Sch. 8 para. 33(1)(2) in force at 1.11.2007 by S.I. 2007/2709, art. 3(b)(i); Sch. 8 para. 33(3) in force at 3.11.2008 by S.I. 2008/2696, art. 5(c)(i)

Prospective

Criminal Injuries Compensation Act 1995 (c. 53)U.K.

34U.K.In the Criminal Injuries Compensation Act 1995, after section 5 insert—

“5AOaths to be taken by adjudicators

(1)A person appointed as an adjudicator under section 5 (“the adjudicator”) must take—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.

(2)The adjudicator must take the oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the adjudicator.

(3)A person is eligible for the purposes of subsection (2)(b) if any one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(4)In relation to a person who is an adjudicator appointed before the coming into force of this section, the requirement in subsection (1) applies from the coming into force of this section.”

Employment Tribunals Act 1996 (c. 17)U.K.

35U.K.The Employment Tribunals Act 1996 is amended as follows.

36U.K.Before section 4 insert—

“3AMeaning of “Employment Judge”

A person who is a member of a panel of chairmen of employment tribunals which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge.”

37U.K.In section 4 (composition of employment tribunals), in each of subsections (2), (6), (6A) and (6B)(a) (which refer to the person who is the chairman of an employment tribunal), after “the person mentioned in subsection (1)(a) alone” insert “ or alone by any Employment Judge who, in accordance with regulations made under section 1(1), is a member of the tribunal ”.

38U.K.In sections 4(4), 18(8) and 40(1), after “The Secretary of State” insert “ and the Lord Chancellor, acting jointly, ”.

39U.K.In section 5(1) (pay), for paragraph (c) substitute—

“(c)any person who is an Employment Judge on a full-time basis, and”.

40U.K.After section 5 insert—

“5ATraining etc.

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of chairmen).

5BMembers of employment tribunals: removal from office

(1)Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(2)Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session.

(3)Any power by which a member of a panel may be removed from membership of the panel—

(a)may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

(b)may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

(4)In subsection (3) “panel” means—

(a)a panel of chairmen of employment tribunals, or

(b)any other panel of members of employment tribunals,

which is appointed in accordance with regulations made under section 1(1).

(5)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(6)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

5COaths

(1)Subsection (2) applies to a person (“the appointee”)—

(a)who is appointed—

(i)as President of the Employment Tribunals (England and Wales),

(ii)as President of the Employment Tribunals (Scotland), or

(iii)as a member of a panel (as defined in section 5B(4)), and

(b)who has not previously taken the required oaths after accepting another office.

(2)The appointee must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3)If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4)A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(5)In this section “the required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.

5DJudicial assistance

(1)Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.

(2)The provision has effect only if—

(a)the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

(b)its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

(c)its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

(d)its operation as respects a particular relevant judge requires—

(i)the consent of the relevant judge, and

(ii)the appropriate consent (see subsection (3)), and

(e)it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of chairmen of employment tribunals.

(3)In subsection (2)(d)(ii) “the appropriate consent” means—

(a)the consent of the Lord Chief Justice of England and Wales where the relevant judge is—

(i)an ordinary judge of the Court of Appeal in England and Wales,

(ii)a puisne judge of the High Court in England and Wales,

(iii)a circuit judge,

(iv)a district judge in England and Wales, or

(v)a District Judge (Magistrates' Courts);

(b)the consent of the Lord President of the Court of Session where the relevant judge is—

(i)a judge of the Court of Session, or

(ii)a sheriff;

(c)the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—

(i)a Lord Justice of Appeal in Northern Ireland,

(ii)a puisne judge of the High Court in Northern Ireland,

(iii)a county court judge in Northern Ireland, or

(iv)a district judge in Northern Ireland.

(4)In this section—

(a)“relevant tribunal judge” means—

(i)a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii)a transferred-in judge of the First-tier Tribunal,

(iii)a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

(iv)a transferred-in judge of the Upper Tribunal,

(v)a deputy judge of the Upper Tribunal, or

(vi)a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);

(b)“relevant judge” means a person who—

(i)is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(ii)is a Lord Justice of Appeal in Northern Ireland,

(iii)is a judge of the Court of Session,

(iv)is a puisne judge of the High Court in England and Wales or Northern Ireland,

(v)is a circuit judge,

(vi)is a sheriff in Scotland,

(vii)is a county court judge in Northern Ireland,

(viii)is a district judge in England and Wales or Northern Ireland, or

(ix)is a District Judge (Magistrates' Courts).

(5)References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.”

41(1)Section 7A (practice directions) is amended as follows.U.K.

(2)Before subsection (1) insert—

“(A1)The Senior President of Tribunals may make directions about the procedure of employment tribunals.”

(3)In subsection (1)—

(a)in paragraph (a), before “President” insert “ territorial ”, and

(b)in paragraphs (b) and (c), for “such directions” substitute “ directions under subsection (A1) or paragraph (a) ”.

(4)In subsection (2), for “by the President” substitute “ under subsection (A1) or (1)(a) ”.

(5)After subsection (2) insert—

“(2A)The power under subsection (A1) includes—

(a)power to vary or revoke directions made in exercise of the power, and

(b)power to make different provision for different purposes (including different provision for different areas).

(2B)Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

(2C)Directions under subsection (1)(a) may not be made without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(2D)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of an employment tribunal.

(2E)Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.”

(6)In subsection (3), after “references to the” insert “ territorial ”.

42U.K.After section 7A insert—

“7BMediation

(1)Employment tribunal procedure regulations may include provision enabling practice directions to provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(2)The provision that may be included in employment tribunal procedure regulations by virtue of subsection (1) includes provision for enabling practice directions to provide for a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

(3)Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

(4)Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

(5)Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult the Advisory, Conciliation and Arbitration Service.

(6)In this section—

  • “member” means a member of a panel of members of employment tribunals (whether or not a panel of chairmen);

  • “practice direction” means a direction under section 7A;

  • “proceedings” means proceedings before an employment tribunal.”

43U.K.In section 15(1) (enforcement in England and Wales as an order of a county court), for the words from “shall, if a county court so orders,” to the end substitute “ shall be recoverable by execution issued from a county court or otherwise as if it were payable under an order of a county court. ”

44U.K.After section 24 insert—

“24ATraining etc. of members of Appeal Tribunal

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges, and other members, of the Appeal Tribunal (in their capacities as members of the Appeal Tribunal).

24BOaths

(1)Subsection (2) applies to a person (“the appointee”)—

(a)who is appointed under section 22(1)(c) or 23(3), or

(b)who is appointed under section 24(1A) and—

(i)falls when appointed within paragraph (a), but not paragraph (b), of section 24(2), and

(ii)has not previously taken the required oaths after accepting another office.

(2)The appointee must take the required oaths before—

(a)the Senior President of Tribunals, or

(b)an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

(3)If the appointee is a member of the Appeal Tribunal appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

(4)A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

(a)he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

(b)he holds judicial office (as defined in section 109(4) of that Act);

(c)he holds (in Scotland) the office of sheriff.

(5)In this section “the required oaths” means—

(a)the oath of allegiance, and

(b)the judicial oath,

as set out in the Promissory Oaths Act 1868.”

45U.K.In section 27(1)(a) (payment of appointed members of Employment Appeal Tribunal), after “members,” insert “ and ”.

F8646U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86Sch. 8 para. 46 omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 12(5), 103(2) (with s. 24(2))

47U.K.After section 29 insert—

“29APractice directions

(1)Directions about the procedure of the Appeal Tribunal may be given—

(a)by the Senior President of Tribunals, or

(b)by the President of the Appeal Tribunal.

(2)A power under subsection (1) includes—

(a)power to vary or revoke directions given in exercise of the power, and

(b)power to make different provision for different purposes.

(3)Directions under subsection (1)(a) may not be given without the approval of the Lord Chancellor.

(4)Directions under subsection (1)(b) may not be given without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(5)Subsection (1) does not prejudice any power apart from that subsection to give directions about the procedure of the Appeal Tribunal.

(6)Directions may not be given in exercise of any such power as is mentioned in subsection (5) without the approval of—

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

(7)Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

(a)the application or interpretation of the law;

(b)the making of decisions by members of the Appeal Tribunal.

(8)Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the Appeal Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

(9)Subsections (4) and (6) do not apply to directions given in a particular case for the purposes of that case only.

(10)Subsection (6) does not apply to directions under section 28(1).”

48U.K.In section 30(3) (Employment Appeal Tribunal to regulate its own procedure, subject to procedure rules), after the words “Appeal Tribunal procedure rules” insert “ and directions under section 28(1) or 29A(1) ”.

Town and Country Planning (Scotland) Act 1997 (c. 8)U.K.

F8749U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8750U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8751U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Greater London Authority Act 1999 (c. 29)U.K.

F8752U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Freedom of Information Act 2000 (c. 36)U.K.

F8753U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12Sch. 8 para. 53 wholly in force at 1.6.2008; Sch. 8 para. 53 not in force at Royal Assent see s. 148(5); Sch. 8 para. 53 in force for certain purposes at 1.1.2007 and at 1.6.2008 otherwise by S.I. 2007/2709, arts. 3(b)(ii), 6(b)(ii)

Prospective

Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

54U.K.F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Courts Act 2003 (c. 39)U.K.

55(1)Section 98 of the Courts Act 2003 (register of judgments and orders etc.) is amended as follows.U.K.

(2)In subsection (1) (registrable orders etc.), after paragraph (e) insert—

“(f)a decision or award of—

(i)the First-tier Tribunal,

(ii)the Upper Tribunal,

(iii)an employment tribunal, or

(iv)the Employment Appeal Tribunal,

in pursuance of which any sum is payable.”

(3)In subsection (3) (regulations)—

(a)in each of paragraphs (a) and (b) (exemption), after “orders” insert “ , decisions, awards ”, and

(b)in paragraph (d) (power to provide for certain sums only to be registered), after “magistrates' court” insert “ or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f) ”.

Title Conditions (Scotland) Act 2003 (asp 9)U.K.

F8956U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8957U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8958U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Planning and Compulsory Purchase Act 2004 (c. 5)U.K.

59U.K.In section 8 of the Planning and Compulsory Purchase Act 2004 (regional spatial strategy: examination in public), for subsection (7) substitute—

“(7)An examination in public—

(a)is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (Administrative Justice and Tribunals Council), but

(b)is not a statutory inquiry for the purposes of the Tribunals and Inquiries Act 1992.”

Gender Recognition Act 2004 (c. 7)U.K.

F9060U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Civil Contingencies Act 2004 (c. 36)U.K.

F9161U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Constitutional Reform Act 2005 (c. 4)U.K.

62U.K.The Constitutional Reform Act 2005 is amended as follows.

63U.K.In section 109(5) (disciplinary powers: meaning of “senior judge”), after paragraph (d) insert—

“(da)Senior President of Tribunals;”.

64U.K.In Schedule 7 (protected functions of Lord Chancellor), in Part A (general) of the list in paragraph 4—

(a)omit the entry for section 6(2), (8) and (9) of the Tribunals and Inquiries Act 1992 (c. 53), and

(b)omit the entry for paragraph 7(4) of Schedule 5 to that Act.

Commencement Information

I13Sch. 8 para. 64 partly in force; Sch. 8 para. 64 not in force at Royal Assent see s. 148; Sch. 8 para. 64(b) in force at 3.11.2008 by S.I. 2007/2696, art. 5(c)

F9265U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92Sch. 8 para. 65 omitted (4.9.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 28; S.I. 2013/2200, art. 2(c)

Commencement Information

I14Sch. 8 para. 65 wholly in force at 3.11.2008; Sch. 8 para. 65 not in force at Royal Assent see s. 148; Sch. 8 para. 65(1)(2) in force and Sch. 8 para. 65(3) in force for certain purposes at 19.9.2007 by S.I. 2007/2709, art. 2(c)(i)(ii) and Sch. 8 para. 65(3) in force at 3.11.2008 otherwise by S.I. 2008/2696, art. 5(c)(iv)

66(1)Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended as follows.U.K.

(2)In Part 1 (appointments by Her Majesty), at the end insert—

“Judge of the Upper Tribunal by appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007”

(3)In Part 3 (appointments by Lord Chancellor to offices to which paragraph 2(2)(d) of Schedule 12 applies), at the end insert—

“Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, by appointment under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, but not where appointed in accordance with paragraph 2(2) to (5) of Schedule 4 to that ActSection 7(7) of the Tribunals, Courts and Enforcement Act 2007
Judge of the First-tier Tribunal by appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the First-tier Tribunal by appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007Paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007
Other member of the Upper Tribunal by appointment under paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 2(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy judge of the Upper Tribunal by appointment under paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007Paragraph 7(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007
Deputy Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, but not where appointed in accordance with paragraph 5(5) to (8) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007Paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007”

Section 48(2)

SCHEDULE 9U.K.Tribunals: transitional provision

Part 1 U.K.General and miscellaneous

IntroductoryU.K.

1U.K.The following provisions of this Schedule are to be taken not to prejudice the generality of sections 31(9) and 145(1).

Membership of Tribunal Procedure CommitteeU.K.

2(1)The Lord Chancellor may by order make provision for a person—U.K.

(a)who is a scheduled tribunal, or

(b)who is a member of a scheduled tribunal,

to be treated for the purposes of sub-paragraph (1) of paragraph 22 of Schedule 5 as falling within paragraph (a), (b) or (c) of that sub-paragraph.

(2)In sub-paragraph (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of section 30.

(3)The power under sub-paragraph (1) may not be exercised so as to provide for the Secretary of State to be treated as mentioned in that sub-paragraph.

Part 2 U.K.Judges and other members of First-Tier and Upper Tribunals: retirement dates

Interpretation of Part 2 of ScheduleU.K.

3(1)For the purposes of this Part of this Schedule—U.K.

(a)“relevant judicial office” means—

(i)the office of transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2)),

(ii)an office to which a person is appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 (judge, or other member, of the First-tier Tribunal or of the Upper Tribunal),

(iii)the office of deputy judge of the Upper Tribunal (whether under section 31(2) or under paragraph 7 of Schedule 3),

(iv)the office of Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of the Upper Tribunal, or

(v)the office of Senior President of Tribunals;

(b)“relevant day”, in relation to a person who holds a relevant judicial office, means the day when he was appointed to that office or, if he holds that office as the latest in an unbroken succession of different relevant judicial offices, the day when he was appointed to the first of the offices in that succession;

(c)an office is a “qualifying office” at any particular time (but see sub-paragraph (2)) if—

(i)the office is that of member of a tribunal which at that time is in a list in Schedule 6, or

(ii)the office itself is at that time in a list in Schedule 6,

and (in either case) the list has effect at that time for the purposes of section 30;

(d)“the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

(2)Where—

(a)a person held two or more qualifying offices (“the actual offices”) immediately before the relevant day, and

(b)at that time the person held at least one of the actual offices on a salaried basis and held at least one of the actual offices on a non-salaried basis,

the person shall be treated for the purposes of paragraphs 6 and 7 as not having held immediately before the relevant day any of the actual offices that the person held on a non-salaried basis at that time.

(3)For the purposes of sub-paragraph (2)—

(a)a person holds an office on a salaried basis at any particular time if, at that time, the person's service in the office is remunerated by payment of a salary, and

(b)a person holds an office on a non-salaried basis at any particular time if, at that time, the person's service in the office—

(i)is remunerated by the payment of fees,

(ii)is remunerated by the payment of a supplement to the salary payable to him in respect of his service in another office, or

(iii)is unremunerated.

Retirement from First-tier and Upper Tribunals: application of paragraphs 5 to 8U.K.

4U.K.Paragraphs 5 to 8 apply where a person holds a relevant judicial office.

Retirement later than age 70 in certain cases where office previously held in another tribunalU.K.

5(1)Subject to paragraph 8(1) (persons who held certain judicial offices on 30th March 1995), sub-paragraphs (3) and (4) apply where the person has a personal retirement date under either or both of paragraphs 6 and 7.U.K.

(2)In sub-paragraphs (3) and (4) and paragraph 8(1) and (2)—

(a)if the person has a personal retirement date under just one of paragraphs 6 and 7 or has the same personal retirement date under each of those paragraphs, “the special date” means that date;

(b)if the person has a personal retirement date under each of those paragraphs and those dates are different, “the special date” means the later of those dates.

(3)Subsection (1) of section 26 of the 1993 Act shall have effect (subject to the following provisions of that section) as if it provided for the person to vacate the relevant judicial office on the special date.

(4)The special date is to be taken for the purposes of that section to be the compulsory retirement date for the relevant judicial office in the person's case.

Cases where retirement from existing office would be after age 70U.K.

6(1)Sub-paragraphs (2) and (3) apply where, immediately before the relevant day, the person—U.K.

(a)held a qualifying office, and

(b)was required to vacate the qualifying office on a day later than the day on which he attains the age of 70.

(2)The person's personal retirement date under this paragraph is the later day mentioned in sub-paragraph (1)(b), subject to sub-paragraph (3).

(3)If—

(a)there are two or more qualifying offices each of which is one that, immediately before the relevant day, the person—

(i)held, and

(ii)was required to vacate on a day later than the day on which he attains the age of 70, and

(b)the later day mentioned in paragraph (a)(ii) is not the same for each of those offices,

the person's personal retirement date under this paragraph is the latest (or later) of those later days.

Cases where no requirement to retire from existing officeU.K.

7(1)Sub-paragraph (2) applies where—U.K.

(a)immediately before the relevant day, the person held, on an unlimited basis, a qualifying office or two or more qualifying offices, and

(b)the relevant day falls after the day on which the person attains the age of 69.

(2)The person's personal retirement date under this paragraph is the last day of the 12 months beginning with the day after the relevant day.

(3)For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.

Interaction between rules under paragraph 5, and rules under Schedule 7 to the 1993 Act, in cases where office held on 30th March 1995U.K.

8(1)If—U.K.

(a)sub-paragraph (2) of paragraph 2 of Schedule 7 to the 1993 Act (transitional provision where person held salaried relevant office on 30th March 1995) has effect in relation to retirement from the relevant judicial office in the person's case, and

(b)the date that, for the purposes of that paragraph, is the person's potential retirement date by reference to his pre-commencement office (“the retirement date preserved in 1995”) is the same as, or later than, the special date,

paragraph 5(3) and (4) do not apply.

(2)If the special date is later than the retirement date preserved in 1995, paragraph 2(2)(b) of Schedule 7 to the 1993 Act does not have effect in relation to the relevant judicial office in the person's case.

(3)Accordingly, in paragraph 1 of Schedule 7 to the 1993 Act, after sub-paragraph (5) insert—

“(6)Paragraph 2(2) has effect subject to paragraph 8(2) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (certain cases where the post-commencement office is that of judge, or other member, of the First-tier Tribunal or the Upper Tribunal).”

Eligibility for appointment after having attained age of 70U.K.

9(1)Sub-paragraph (3) applies in respect of a person on each day that—U.K.

(a)is, or is later than, the day on which the person attains the age of 70,

(b)is a day on which the person holds a qualifying office, and

(c)is earlier than the day on which the person is required to vacate the qualifying office.

(2)Sub-paragraph (3) also applies in respect of a person on each day that—

(a)is, or is later than, the day on which the person attains the age of 70, and

(b)is a day on which the person holds, on an unlimited basis, a qualifying office.

(3)Where this sub-paragraph applies in respect of a person on a day, the fact that the person has attained the age of 70 shall not (by itself) render him ineligible for appointment (or re-appointment) on that day to a relevant judicial office.

(4)For the purposes of this paragraph, a person holds an office on an unlimited basis at a particular time if at that time he is not required to vacate the office at any particular later time.

Part 3 U.K.Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)

Interpretation of Part 3 of ScheduleU.K.

10U.K.For the purposes of this Part of this Schedule—

(a)“new office” means—

(i)the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

(ii)the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

(iii)the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

(iv)the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal;

(b)a person holds an office “on a salaried basis” if and so long as, and to the extent that—

(i)the person's service in the office is remunerated by payment of a salary, and

(ii)the salary is not subject to terms which preclude rights to pensions and other benefits accruing by reference to it;

(c)a person shall be regarded as holding “qualifying judicial office” at any time when he holds, on a salaried basis, any one or more of the offices specified in Schedule 1 to the 1993 Act, and any reference to a “qualifying judicial office” is a reference to any office specified in that Schedule if it is held on a salaried basis;

(d)“the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).

Right to opt in to Part 1 of the 1993 Act where qualifying judicial office not previously heldU.K.

11(1)Sub-paragraphs (2) and (3) apply where—U.K.

(a)a person becomes, as a result of provision under section 31(2), the holder of a new office,

(b)before that, the person has never held qualifying judicial office, and

(c)the person, on becoming the holder of the new office, holds the new office on a salaried basis.

(2)Section 1(1)(a) of the 1993 Act (Part 1 of the 1993 Act applies to a person who first holds qualifying judicial office on or after 31st March 1995) does not have effect in relation to the person.

(3)The person is entitled, subject to paragraph 12, to elect for Part 1 of the 1993 Act (judicial pensions) to apply to him.

(4)Part 1 of the 1993 Act applies to a person who makes an election under sub-paragraph (3).

(5)Sub-paragraph (4) is subject to sections 1(5) and 13 of the 1993 Act (where person has opted out of Part 1 of the 1993 Act then, except as provided by section 13 of that Act, that Part does not apply to the person).

Election under paragraph 11(3) for pension under Part 1 of the 1993 ActU.K.

12(1)In this paragraph “opt-in election” means an election under paragraph 11(3).U.K.

(2)An opt-in election may be made only in such circumstances, within such time and in such manner as the Lord Chancellor may by regulations prescribe.

(3)An opt-in election is irrevocable.

(4)Regulations under sub-paragraph (2) may permit the making of an opt-in election even though the person in respect of whom the opt-in election is made—

(a)has ceased (whether by virtue of dying or otherwise) to hold the office mentioned in paragraph 11(1)(a), or

(b)has ceased to hold that office on a salaried basis without having ceased to hold that office.

(5)Where regulations under sub-paragraph (2) permit the making of an opt-in election in respect of a person who has died, the right to make that election is exercisable by the person's personal representatives.

(6)The Lord Chancellor may by regulations provide for a person in respect of whom an opt-in election is made to be treated for such purposes as may be prescribed by the regulations as if the person had, at such times as may be prescribed by the regulations, been a person to whom Part 1 of the 1993 Act applies.

(7)An opt-in election may not be made in respect of a person at any time when an election made under section 13 of the 1993 Act (election to opt out of Part 1 of the 1993 Act) is in force in respect of the person.

Commencement Information

I15Sch. 9 para. 12 wholly in force at 3.11.2008; Sch. 9 para. 12 not in force at Royal Assent see s. 148(5); Sch. 9 para. 12(2) in force at 19.9.2007 by S.I. 2007/2709, art. 2(d); Sch. 9 para. 12(1)-(3)-(7) in force at 3.11.2008 by S.I. 2008/2696, art. 5(d)

Continuation of existing public service pension arrangements in certain casesU.K.

13(1)Sub-paragraph (2) applies if—U.K.

(a)a person, as a result of provision under section 31(2), becomes the holder of a new office,

(b)either—

(i)the person held qualifying judicial office immediately before 31st March 1995, or

(ii)before becoming the holder of the new office, the person has never held qualifying judicial office,

(c)immediately before the person becomes the holder of the new office—

(i)the person holds an office within paragraph (a), (b) or (c) of section 31(2) (the “old office”), and

(ii)the person's service in the old office is subject to a public service pension scheme,

(d)the person, on becoming the holder of the new office, holds the new office on a salaried basis, and

(e)immediately after the person becomes the holder of the new office, the person—

(i)is not a person to whom Part 1 of the 1993 Act applies, and

(ii)is not a person to whom that Part would apply but for section 13 of that Act.

(2)The person's service in the new office, so far as it is service during the continuity period—

(a)shall be subject to that public service pension scheme, and

(b)shall be subject to that scheme in a way that corresponds to the way in which the person's service in the old office was subject to that scheme.

(3)In sub-paragraph (2) “the continuity period” means the period—

(a)that begins when the person becomes the holder of the new office on a salaried basis, and

(b)that ends with whichever of the following first happens after that—

(i)the person's ceasing to hold the new office,

(ii)the person's ceasing to hold the new office on a salaried basis without ceasing to hold the new office,

(iii)the person's becoming a person to whom Part 1 of the 1993 Act applies, and

(iv)the person's becoming a person to whom Part 1 of the 1993 Act would apply but for section 13 of that Act.

(4)For the purposes of sub-paragraph (1)(c)(ii), the person's service in the old office is not to be treated as subject to a public service pension scheme at a time when the scheme does not apply to him as a result of his having exercised a right to elect for the scheme not to apply to him.

(5)A public service pension scheme which, apart from sub-paragraph (2), would not be a judicial pension scheme for the purposes of the 1993 Act does not become a judicial pension scheme for those purposes if it is only as a result of sub-paragraph (2) that pensions and other benefits are payable under the scheme in respect of service in qualifying judicial office.

(6)In this paragraph “public service pension scheme” means any public service pension scheme, as defined in—

(a)section 1 of the Pension Schemes Act 1993 (c. 48), or

(b)section 1 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49).

Part 4 U.K.Amendments to the Judicial Pensions and Retirement Act 1993

14U.K.The Judicial Pensions and Retirement Act 1993 (c. 8) is amended as follows.

15(1)Section 1 (application of Part 1: judicial pensions) is amended as follows.U.K.

(2)In subsection (1) (persons to whom Part 1 of the 1993 Act applies), after paragraph (d) insert “and

(e)to any person appointed to a qualifying judicial office in circumstances falling within subsection (4A) below;”.

(3)In subsection (1), after “but this subsection is subject to the following provisions of this Act” insert “ and to Part 3 of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 (transitional arrangements for pensions of certain judges and other members of the First-tier Tribunal and Upper Tribunal) ”.

(4)After subsection (4) insert—

“(4A)The circumstances of a person's appointment to a qualifying judicial office (“the subsequent office”) fall within this subsection if—

(a)the person, immediately before being appointed to the subsequent office, holds an office within subsection (4B) below (“the replacement tribunal office”);

(b)the person held the replacement tribunal office on a salaried basis from when he became its holder until immediately before being appointed to the subsequent office; and

(c)the person, before becoming the holder of the replacement tribunal office, had never held qualifying judicial office.

(4B)The offices within this subsection are—

(a)the office of judge of the First-tier Tribunal by virtue of being a transferred-in judge of the First-tier Tribunal,

(b)the office of other member of the First-tier Tribunal by virtue of being a transferred-in other member of the First-tier Tribunal,

(c)the office of judge of the Upper Tribunal by virtue of being a transferred-in judge of the Upper Tribunal, and

(d)the office of other member of the Upper Tribunal by virtue of being a transferred-in other member of the Upper Tribunal.”

16U.K.In section 9(4) (contribution towards cost of surviving spouse's, surviving civil partner's and surviving children's pension), for “or (d) above,” substitute “ , (d) or (e) above or in the case of persons to whom this Part applies by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007, ”.

17(1)In section 12(1) (transfer of accrued benefits under judicial pension schemes in certain cases where person held qualifying judicial office before 31st March 1995)—U.K.

(a)for “or (d)” substitute “ , (d) or (e) ”,

(b)after “of section 1(1) above” insert “ or by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 ”, and

(c)omit paragraph (b) (which is superseded by the new section 12B inserted by this Part of this Schedule).

(2)In the sidenote to section 12, for the words after “Transfer of rights” substitute “ under judicial pension schemes ”.

18U.K.After section 12 insert—

“12ATransfer of rights under other public service pension schemes

(1)Where this Part—

(a)begins, on or after the day on which this section comes into force, to apply to a person by virtue of section 1(1)(d) above, or

(b)begins to apply to a person—

(i)by virtue of section 1(1)(e) above, or

(ii)by virtue of paragraph 11(4) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007,

any relevant public service pension rights of his shall be transferred to the scheme constituted by this Part.

(2)Where a person's rights under a public service pension scheme are transferred under subsection (1) above—

(a)that scheme shall no longer have effect in relation to him, and

(b)no pension or lump sum under the scheme shall be paid to or in respect of him.

(3)Regulations may make provision—

(a)for calculating, whether by actuarial assessment or otherwise, the amount or value of the rights transferred under subsection (1) above, and

(b)prescribing the manner in which those rights are to be given effect under this Part.

(4)Without prejudice to the generality of paragraph (b) of subsection (3) above, regulations under that paragraph may provide for rights transferred under subsection (1) above to be given effect by crediting the person in question with such service, on or after the day on which this Part first applies to the person, as may be prescribed.

(5)For the purposes of this section, a persons's “relevant public service pension rights” are the person's accrued rights to benefit under any public service pension scheme, but this is subject to subsections (6) to (8) below.

(6)A person's rights under a public service pension scheme are not “relevant public service pension rights” if the scheme is a judicial pension scheme other than—

(a)the principal civil service pension scheme, or

(b)the principal civil service pension scheme for the civil service of Northern Ireland.

(7)A person's rights—

(a)under the principal civil service pension scheme, or

(b)under the principal civil service pension scheme for the civil service of Northern Ireland,

are not “relevant public service pension rights” if they are transferred under section 12 above.

(8)A person's rights under a public service pension scheme are not “relevant public service pension rights” unless at least some of his service which was subject to the scheme was qualifying tribunal service and, in that event, all of his rights under the scheme shall be regarded as relevant public service pension rights.

(9)In this section—

  • “prescribe” means prescribe in regulations;

  • “public service pension scheme” means any public service pension scheme, as defined in—

    (a)

    section 1 of the Pension Schemes Act 1993, or

    (b)

    section 1 of the Pension Schemes (Northern Ireland) Act 1993;

  • “qualifying tribunal service” means—

    (a)

    service as, or as a member of, a tribunal specified in a list in Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 that has effect for the purposes of section 30 of that Act, or

    (b)

    service as an authorised decision-maker for a tribunal, within the meaning given by section 31(4) of that Act;

  • “regulations” means regulations made by the Lord Chancellor with the concurrence of the Treasury.

12BRate of pension etc. where rights transferred under section 12 or 12A

Entitlement to, and the rate or amount of, any judicial pension or derivative benefit payable under this Part to or in respect of a person whose rights are transferred under section 12 or 12A above shall be determined by reference to—

(a)any rights of his that are transferred under section 12 above,

(b)any rights of his that are transferred under section 12A above, and

(c)his service in qualifying judicial office on or after the day on which this Part first applies to him.”

19U.K.In section 23 (which provides that Schedule 2 does not apply to transfers under section 12), after “section 12” insert “ or 12A ”.

Section 50

SCHEDULE 10U.K.Amendments relating to judicial appointments

Part 1 U.K.Amendments

1(1)Paragraph 2A of the Schedule to the War Pensions (Administrative Provisions) Act 1919 (c. 53) (legally qualified member of Pensions Appeal Tribunals) is amended as follows.U.K.

(2)For paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)In paragraphs (b) and (c), for “7” substitute “ 5 ”.

2(1)Section 109 of the London Building Acts (Amendment) Act 1939 (c. xcvii) is amended as follows.U.K.

(2)For subsection (1)(b) (tribunal of appeal: Lord Chancellor's nominee) substitute—

“(b)A person is eligible to be nominated by the Lord Chancellor under paragraph (a) or (h) of this subsection only if the person—

(i)is a solicitor of the Senior Courts of England and Wales,

(ii)is a barrister in England and Wales, or

(iii)has a qualification that is specified under subsection (4) of this section;”.

(3)After subsection (3) insert—

“(4)The Lord Chancellor may by order specify a qualification for the purposes of paragraph (b) of subsection (1) of this section.

(5)Subsections (2) to (4), (9), (10) and (12) to (14) of section 51 of the Tribunals, Courts and Enforcement Act 2007 (contents of and procedure for orders under subsection (1) of that section, and cessation of effect of such orders) shall apply for the purposes of subsection (4) of this section as they apply for the purposes of subsection (1) of that section, but as if the reference in subsection (3) of that section to section 50 of that Act were a reference to this section.

(6)For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken first to become a barrister—

(a)when the person completes pupillage in connection with becoming a barrister, or

(b)in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(7)For the purposes of paragraph (b) of subsection (1) of this section, a person shall be taken not to be a solicitor or a barrister, or not to have a qualification specified under subsection (4) of this section, if as a result of disciplinary proceedings he is prevented from practising as a solicitor or (as the case may be) as a barrister or as a holder of the specified qualification.”

(4)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in the section 109(1)(b) substituted by sub-paragraph (2) is to be read as a reference to the Supreme Court.

3(1)Paragraph 2A(2) of the Schedule to the Pensions Appeal Tribunals Act 1943 (c. 39) (legally qualified members of Pensions Appeal Tribunals) is amended as follows.U.K.

(2)For paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)In paragraphs (b) and (c), for “seven” substitute “ five ”.

4U.K.In paragraph 13(1) of Schedule 9 to the Agriculture Act 1947 (chairman of agricultural land tribunal), for the words from “person” to the end substitute “ person who satisfies the judicial-appointment eligibility condition on a 5-year basis. ”

5U.K.F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6(1)The Courts-Martial (Appeals) Act 1951 (c. 46) is amended as follows.U.K.

(2)In section 31(1) (Judge Advocate General)—

(a)for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “ 7 ”.

(3)In section 31(2) (Vice Judge Advocate General and assistants)—

(a)for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”, and

(b)in paragraphs (b) and (c), for “7” (in each place where it occurs) substitute “ 5 ”.

7U.K.In section 12(2) of the City of London (Courts) Act 1964 (c. iv) (Common Serjeant), for the words from “he has a 10 year” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

8(1)Section 4(2) of the Taxes Management Act 1970 (c. 9) (Special Commissioners) is amended as follows.U.K.

(2)For paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)In paragraphs (b) and (c), for “10” substitute “ 7 ”.

9(1)The Courts Act 1971 (c. 23) is amended as follows.U.K.

(2)In section 16(3) (Circuit judges), for paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)In section 21(2) (recorders), for the words from “he has a 10 year” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

F94(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

10(1)Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) (tribunal chairmen) is amended as follows.U.K.

(2)For sub-paragraph (i) substitute—

“(i)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)In sub-paragraphs (ii) and (iii), for “7” substitute “ 5 ”.

11U.K.F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12(1)Paragraph 4(1)(a) of Schedule 3 to the Industry Act 1975 (c. 68) (presidents of arbitration tribunals) is amended as follows.U.K.

(2)For sub-paragraph (i) substitute—

“(i)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”.

(3)In sub-paragraph (ii), for “7” substitute “ 5 ”.

13(1)The Supreme Court Act 1981 (c. 54) is amended as follows.U.K.

(2)In section 10(3) (Lord Justice of Appeal and puisne judge of High Court), in paragraphs (b) and (c), for sub-paragraph (i) substitute—

“(i)he satisfies the judicial-appointment eligibility condition on a 7-year basis; or”.

(3)For Schedule 2 (eligibility for appointment to certain offices) substitute—

Sections 88 to 95

“SCHEDULE 2U.K.List of offices in Senior Courts for purposes of Part 4

Part 1 U.K.
OfficePersons qualified
Official SolicitorA person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).
Part 2 U.K.
OfficePersons qualified
Master, Queen's Bench DivisionA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Queen's Coroner and Attorney and Master of the Crown Office and Registrar of Criminal AppealsA person who satisfies the judicial-appointment eligibility condition on a 7-year basis.
Admiralty RegistrarA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Master, Chancery DivisionA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Registrar in Bankruptcy of the High CourtA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
Taxing Master of the Senior CourtsA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.
District judge of the principal registry of the Family Division

1. A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

2. A district probate registrar who either—

(a)

is of at least 5 years' standing, or

(b)

has, during so much of the 5 years immediately preceding his appointment as he has not been a district probate registrar, served as a civil servant in the principal registry or a district probate registry.

3. A civil servant who has served at least 7 years in the principal registry or a district probate registry.

Part 3 U.K.
OfficePersons qualified
District probate registrar

1. A person who satisfies the judicial-appointment eligibility condition on a 5-year basis.

2. A civil servant who has served at least 5 years in the principal registry of the Family Division or a district probate registry.”

(4)Part 2 of the Schedule substituted by sub-paragraph (3) of this paragraph shall have effect until the coming into force of section 45(6) of the Mental Capacity Act 2005 (c. 9) as if it also contained the following entry—

“Master of the Court of ProtectionA person who satisfies the judicial-appointment eligibility condition on a 5-year basis.”

(5)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the references to the Senior Courts in the Schedule substituted by sub-paragraph (3) of this paragraph are to be read as references to the Supreme Court.

14U.K.In section 130(2) of the Representation of the People Act 1983 (c. 2) (election court), for paragraph (a) substitute—

“(a)unless he satisfies the judicial-appointment eligibility condition on a 7-year basis; or”.

15U.K.In section 9 of the County Courts Act 1984 (c. 28) (district judges and deputy district judges), for the words from “he has” to the end substitute “ he satisfies the judicial-appointment eligibility condition on a 5-year basis. ”

16(1)Paragraph 5 of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17) (umpires and deputy umpires) is amended as follows.U.K.

(2)For paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)In paragraphs (b) and (c), for “10” substitute “ 7 ”.

17(1)Paragraph 2 of Schedule 4 to the Transport Act 1985 (c. 67) is amended as follows.U.K.

(2)In sub-paragraph (2) (president of Transport Tribunal)—

(a)for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; or”, and

(b)in paragraph (b), for “10” substitute “ 7 ”.

(3)In sub-paragraph (2A) (chairmen)—

(a)for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b)in paragraph (b), for “7” substitute “ 5 ”.

18(1)Section 12(5) of the Animals (Scientific Procedures) Act 1986 (c. 14) (person appointed to receive representations) is amended as follows.U.K.

(2)For paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)In paragraphs (b) and (c), for “7” substitute “ 5 ”.

F9619U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

20(1)Section 145(3) of the Copyright, Designs and Patents Act 1988 (c. 48) (chairman and deputy chairman of Copyright tribunal) is amended as follows.U.K.

(2)For paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)In paragraphs (b) and (c), for “7” substitute “ 5 ”.

21U.K.In section 41 of the Courts and Legal Services Act 1990 (c. 41) (Conveyancing Appeal Tribunals), for subsection (7) substitute—

“(7)A person is eligible for appointment as Chairman of a Tribunal only if he satisfies the judicial-appointment eligibility condition on a 5-year basis.”

22(1)The Child Support Act 1991 (c. 48) is amended as follows.U.K.

(2)F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 23(2) (Child Support Commissioners for Northern Ireland), for “10” substitute “ 7 ”.

(4)F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

23U.K.F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

24(1)Schedule 12 to the Value Added Tax Act 1994 (c. 23) is amended as follows.U.K.

(2)In paragraph 2(2) (President of VAT and duties tribunals)—

(a)for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)in paragraphs (b) and (c), for “10” substitute “ 7 ”.

(3)In paragraph 7(4) (panel of chairmen)—

(a)for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b)in paragraph (b) and in the words after that paragraph, for “7” substitute “ 5 ”.

25(1)Section 77(2) of the Trade Marks Act 1994 (c. 26) (persons appointed to decide appeals from registrar) is amended as follows.U.K.

(2)For paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)In paragraphs (b) and (c), for “7” substitute “ 5 ”.

26(1)Sections 96(7) and 264(6) of the Merchant Shipping Act 1995 (c. 21) (arbitrators) are amended as follows.U.K.

(2)For paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)In paragraphs (b) and (c), for “10” substitute “ 7 ”.

27U.K.In paragraph 1(1)(a) of Schedule 6 to the Police Act 1996 (c. 16) (legally qualified member of Police Appeals Tribunals), for the words from “have a seven” to “1990” substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis ”.

28U.K.In section 334(1) of the Education Act 1996 (c. 56) (President and members of chairmen's panel of Special Educational Needs and Disability Tribunal), for the words from “has” to the end substitute “ satisfies the judicial-appointment eligibility condition on a 5-year basis. ”

29U.K.F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

30U.K.F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

31U.K.F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

32U.K.F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33(1)Paragraph 1(1) of Schedule 3 to the Regulation of Investigatory Powers Act 2000 (c. 23) (members of tribunal) is amended as follows.U.K.

(2)For paragraph (b) substitute—

“(b)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”.

(3)In paragraphs (c) and (d), for “ten” substitute “ seven ”.

34U.K.F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

35(1)The Land Registration Act 2002 (c. 9) is amended as follows.U.K.

(2)In section 107(2) (Adjudicator to Her Majesty's Land Registry), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 7-year basis. ”

(3)In paragraph 4(2) of Schedule 9 (delegation by adjudicator of non-administrative functions to staff), for the words from “has” to the end substitute “ satisfies the judicial-appointment eligibility condition on a 7-year basis. ”

36(1)Paragraph 1 of Schedule 2 to the Enterprise Act 2002 (c. 40) is amended as follows.U.K.

(2)In sub-paragraph (1) (President of Competition Appeal Tribunal)—

(a)for paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)in paragraphs (b) and (c), for “10” substitute “ 7 ”.

(3)In sub-paragraph (2) (chairmen)—

(a)for paragraph (a) substitute—

“(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;”, and

(b)in paragraphs (b) and (c), for “7” substitute “ 5 ”.

37U.K.F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

38(1)The Courts Act 2003 (c. 39) is amended as follows.U.K.

(2)In section 22(1) (District Judges (Magistrates' Courts)), for “has a 7 year general qualification” substitute “ satisfies the judicial-appointment eligibility condition on a 5-year basis ”.

(3)In section 24(1) (Deputy District Judges (Magistrates' Courts)), for “has a 7 year general qualification” substitute “ satisfies the judicial-appointment eligibility condition on a 5-year basis ”.

39U.K.In section 81(2)(a) of the Traffic Management Act 2004 (c. 18) (adjudicators), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis; ”.

F10540U.K.F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

41(1)Section 25 of the Constitutional Reform Act 2005 (c. 4) (judges of the Supreme Court) is amended as follows.U.K.

(2)In subsection (1), for paragraph (b) and the word “or” immediately preceding it substitute—

“(b)satisfied the judicial-appointment eligibility condition on a 15-year basis, or

(c)been a qualifying practitioner for a period of at least 15 years.”

(3)In subsection (2), omit paragraph (a).

42U.K.In paragraph 1(2) of Schedule 3 to the Education Act 2005 (c. 18) (Chairman of tribunal hearing appeals under section 27 of that Act), for the words from “have a” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis. ”

43U.K.F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

44U.K.F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2 U.K.Amendments relating to enactments already repealed

45(1)This Part of this Schedule contains amendments of enactments that have already been repealed by provisions of other Acts.U.K.

(2)In each case—

(a)the repealing provision is specified in relation to the enactment being amended, and

(b)the amendment has effect only until the repealing provision is fully commenced in relation to the enactment amended.

46(1)In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (Lords of Appeal in Ordinary)—U.K.

(a)for the words from “for not less than fifteen” to the end of paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 15-year basis;”, and

(b)at the beginning of each of paragraphs (b) and (c) insert “ for not less than fifteen years, ”.

(2)In relation to the enactment referred to in sub-paragraph (1), the repealing provision is paragraph 9 of Schedule 17 to the Constitutional Reform Act 2005 (c. 4).

47(1)In section 28(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (Judge Advocate of Her Majesty's Fleet)—U.K.

(a)for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 7-year basis;”, and

(b)in paragraphs (b) and (c), for “10” (in each place where it occurs) substitute “ 7 ”.

(2)In section 84B(2) of each of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) and the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (judge advocates), for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(3)In section 103B(5) of each of those Acts (qualified officers in field general courts-martial), for paragraph (a) substitute—

“(a)a person who is a barrister or solicitor in England and Wales;”.

(4)In section 53B(2) of the Naval Discipline Act 1957 (c. 53) (judge advocates), for paragraph (a) substitute—

“(a)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis;”.

(5)In relation to the enactments referred to in sub-paragraphs (1) to (4), the repealing provision is Schedule 17 to the Armed Forces Act 2006 (c. 52).

48(1)In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2) (chairman of Levy Appeal Tribunal)—U.K.

(a)for sub-paragraph (i) substitute—

“(i)a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or”, and

(b)in sub-paragraph (ii), for “7” substitute “ 5 ”.

(2)In relation to the enactment referred to in sub-paragraph (1), the repealing provision is section 356(3)(f) of the Gambling Act 2005 (c. 19).

49(1)In section 17(1)(a) of the Commons Registration Act 1965 (c. 64) (Commons Commissioners), for the words from “persons” to “1990,” substitute “ persons who satisfy the judicial-appointment eligibility condition on a 5-year basis ”.U.K.

(2)In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 6 to the Commons Act 2006 (c. 26).

50(1)In section 73(4) of the Road Traffic Act 1991 (c. 40) (parking adjudicator), for the words from “have” to the end substitute “ satisfy the judicial-appointment eligibility condition on a 5-year basis. ”U.K.

(2)In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 12 to the Traffic Management Act 2004 (c. 18).

Section 56

SCHEDULE 11U.K.District judges and deputy district judges

Supreme Court Act 1981 (c. 54)U.K.

1U.K.The Supreme Court Act 1981 is amended as set out in paragraphs 2 and 3.

2U.K.In section 100 (district judges), after subsection (4) insert—

“(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1).”

3(1)Section 102 (deputy district judges) is amended as follows.U.K.

(2)For subsections (1) and (2) (appointment of deputy district judges to district registries) substitute—

“(1)If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the High Court, he may appoint a person to be a deputy district judge.

(1A)A person is qualified for appointment under subsection (1) only if the person—

(a)is qualified for appointment as a district judge, or

(b)holds, or has held, the office of district judge.

(1B)The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person—

(a)holds the office of district judge, or

(b)ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1C)Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies.”

(3)In subsection (3) (former district judge may be appointed as deputy even though too old to be appointed as a district judge, but no appointment by virtue of the subsection may extend beyond age 75), for the words from the beginning to “by virtue of this subsection” substitute “ No appointment to which subsection (1B) applies ”.

(4)For subsection (4) (powers of deputy district judges) substitute—

“(4A)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)may assign a deputy district judge appointed under this section to one or more district registries;

(b)may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry).

(4B)A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry.

(4C)Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.”

(5)After subsection (5) insert—

“(5A)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1B) or (4A).”

4(1)This paragraph applies to a person holding office as a deputy district judge under section 102 of the Supreme Court Act 1981 (c. 54) by virtue of an appointment made before the commencement of paragraph 3 (“the commencement date”).U.K.

(2)If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 102(1B) of that Act had applied to his appointment (and had been complied with).

(3)The person is to be treated after the commencement date as assigned under section 102(4A) of that Act to the district registry for which he was appointed.

County Courts Act 1984 (c. 28)U.K.

5U.K.The County Courts Act 1984 is amended as set out in paragraphs 6 to 9.

F1096U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109Sch. 11 para. 6 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 141; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

7(1)Section 8 (deputy district judges) is amended as follows.U.K.

(2)For subsection (1) (appointment and powers of deputy district judges) substitute—

“(1)If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the county courts, he may appoint a person to be a deputy district judge.

(1ZA)A person is qualified for appointment under subsection (1) only if the person—

(a)is qualified for appointment as a district judge, or

(b)holds, or has held, the office of district judge.

(1ZB)The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person—

(a)holds the office of district judge, or

(b)ceased to hold the office of district judge within two years ending with the date when the appointment takes effect.

(1ZC)Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1ZB) applies.”

(3)In subsection (1A)(a) (duration of appointment as deputy district judge of person who previously held office as district judge), for “if he has previously held office as a district judge,” substitute “ if subsection (1ZB) applies to the appointment, ”.

(4)After subsection (1A) insert—

“(1B)The Lord Chief Justice, after consulting the Lord Chancellor—

(a)may assign a deputy district judge appointed under this section to one or more districts;

(b)may change an assignment so as to assign the deputy district judge to a different district or districts (or to no district).

(1C)A deputy district judge appointed under this section and assigned to a district has, while acting under his assignment, the same powers as if he were a district judge assigned to the district.

(1D)Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district to which he is not assigned, but may act in a district to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice.”

(5)After subsection (3) insert—

“(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1ZB) or (1B).”

8U.K.In section 9(qualifications for appointment as a district judge, or as a deputy district judge for a county court district)—

(a)omit “, or deputy district judge”, and

(b)in the heading, after “Qualifications” insert “ for appointment as district judge ”.

9U.K.In section 147(1) (interpretation of Act), in the definition of “officer” (which provides that “officer”, in relation to a county court, includes a district judge or deputy district judge of that court), for the words after “means” and before “and any clerk” substitute “ any district judge or deputy district judge assigned to that court ”.

10(1)This paragraph applies to a person holding office as a deputy district judge under section 8 of the County Courts Act 1984 (c. 28) by virtue of an appointment made before the commencement of paragraph 7 (“the commencement date”).U.K.

(2)If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 8(1ZB) of that Act had applied to his appointment (and had been complied with).

(3)If sub-paragraph (2) does not apply, the person is to be treated after the commencement date as appointed under section 8(1) of that Act.

(4)The person is to be treated after the commencement date as assigned under section 8(1B) of that Act to the county court district for which he was appointed.

Judicial Pensions and Retirement Act 1993 (c. 8)U.K.

11U.K.The Judicial Pensions and Retirement Act 1993 is amended as follows.

12U.K.In section 26(7) (certain offices for which retirement date is age 75), for paragraph (g) (certain deputy district judges) substitute—

“(g)hold office as a deputy district judge if either section 102(1B) of that Act (former district judge appointed as deputy in the High Court) or section 8(1ZB) of the County Courts Act 1984 (former district judge appointed as deputy in the county courts) applied to the appointment;”.

13(1)Schedule 5 (“the relevant offices” for the purposes of the retirement provisions) is amended as follows.U.K.

(2)In the entry for a deputy district judge appointed under section 102 of the Supreme Court Act 1981, for the words after “except in a case where” substitute “subsection (1B) of that section applied to the appointment of the person in question”.

(3)In the entry for a deputy district judge appointed under section 8 of the County Courts Act 1984, for the words after “except in a case where” substitute “subsection (1ZB) of that section applied to the appointment of the person in question”.

Courts Act 2003 (c. 39)U.K.

14U.K.In section 64(2) of the Courts Act 2003 (power to alter listed judicial titles), in the entry for a deputy district judge for a county court district, for “for a county court district” substitute “ appointed under section 8 of the County Courts Act 1984 ”.

Constitutional Reform Act 2005 (c. 4)U.K.

15U.K.In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (certain offices to which appointments are made by the Lord Chancellor)—

(a)in the entry for a deputy district judge in a district registry of the High Court, omit “in a district registry of the High Court”, and

(b)in the entry for a deputy district judge for a county court district, omit “for a county court district”.

Section 62(1)

SCHEDULE 12E+WTaking control of goods

Modifications etc. (not altering text)

C2Sch. 12 applied (6.4.2014) by Finance Act 2008 (c. 9), ss. 127(2), 129(4); S.I. 2014/906, arts. 2, 3

Part 1 E+WIntroductory

The procedureE+W

1(1)Using the procedure in this Schedule to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule and regulations under it.E+W

(2)In this Schedule a power to use the procedure to recover a particular sum is called an “enforcement power”.

(3)The following apply in relation to an enforcement power.

(4)“Debt” means the sum recoverable.

(5)“Debtor” means the person liable to pay the debt or, if two or more persons are jointly or jointly and severally liable, any one or more of them.

(6)“Creditor” means the person for whom the debt is recoverable.

Commencement Information

I16Sch. 12 para. 1 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Enforcement agentsE+W

2(1)In this Schedule “enforcement agent” means an individual authorised by section 63(2) to act as an enforcement agent.E+W

(2)Only an enforcement agent may take control of goods and sell them under an enforcement power.

(3)An enforcement agent, if he is not the person on whom an enforcement power is conferred, may act under the power only if authorised by that person.

(4)In relation to goods taken control of by an enforcement agent under an enforcement power, references to the enforcement agent are references to any person for the time being acting as an enforcement agent under the power.

Commencement Information

I17Sch. 12 para. 2 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

General interpretationE+W

3(1)In this Schedule—E+W

  • “amount outstanding” is defined in paragraph 50(3);

  • “control” (except in paragraph 5(4)(a)) means control under an enforcement power;

  • “controlled goods” means goods taken control of that—

    (a)

    have not been sold or abandoned,

    (b)

    if they have been removed, have not been returned to the debtor (unless subject to a controlled goods agreement), and

    (c)

    if they are goods of another person, have not been returned to that person;

  • “controlled goods agreement” has the meaning given by paragraph 13(4);

  • “co-owner” in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent—

    (a)

    knows that the person has an interest in the particular goods, or

    (b)

    would know, if he made reasonable enquiries;

  • “the court”, unless otherwise stated, and subject to rules of court, means—

    (a)

    the High Court, in relation to an enforcement power under a writ of the High Court;

    (b)

    [F110the county court], in relation to an enforcement power under a warrant issued by [F110the county court];

    (c)

    in any other case, a magistrates' court;

  • “disposal” and related expressions, in relation to securities, are to be read in accordance with paragraph 48(2);

  • “exempt goods” means goods that regulations exempt by description or circumstances or both;

  • “goods” means property of any description, other than land;

  • “interest” means a beneficial interest;

  • “money” means money in sterling or another currency;

  • “premises” means any place, and in particular includes—

    (a)

    a vehicle, vessel, aircraft or hovercraft;

    (b)

    a tent or movable structure;

  • “securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.

(2)In this Schedule—

(a)references to goods of the debtor or another person are references to goods in which the debtor or that person has an interest, but

(b)references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession.

Textual Amendments

F110Words in Sch. 12 para. 3(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I18Sch. 12 para. 3(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(i)

I19Sch. 12 para. 3(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I20Sch. 12 para. 3(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Part 2 E+WThe procedure

Binding property in the debtor's goodsE+W

4(1)For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph.E+W

(2)Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it.

(3)Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section.

(4)Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given.

Commencement Information

I21Sch. 12 para. 4 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Effect of property in goods being boundE+W

5(1)An assignment or transfer of any interest of the debtor's in goods while the property in them is bound for the purposes of an enforcement power—E+W

(a)is subject to that power, and

(b)does not affect the operation of this Schedule in relation to the goods, except as provided by paragraph 61 (application to assignee or transferee).

(2)Sub-paragraph (1) does not prejudice the title to any of the debtor's goods that a person acquires—

(a)in good faith,

(b)for valuable consideration, and

(c)without notice.

(3)For the purposes of sub-paragraph (2)(a), a thing is to be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not).

(4)In sub-paragraph (2)(c) “notice” means—

(a)where the property in the goods is bound by a writ or warrant, notice that the writ or warrant, or any other writ or warrant by virtue of which the goods of the debtor might be seized or otherwise taken control of, had been received by the person who was under a duty to endorse it and that goods remained bound under it;

(b)where the property in the goods is bound by notice under paragraph 7(1), notice that that notice had been given and that goods remained bound under it.

(5)In sub-paragraph (4)(a) “endorse” in relation to a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, means endorse under that section.

Commencement Information

I22Sch. 12 para. 5 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Time when property ceases to be boundE+W

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.E+W

(2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

(c)the power ceases to be exercisable for any other reason.

Commencement Information

I23Sch. 12 para. 6 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Notice of enforcementE+W

7(1)An enforcement agent may not take control of goods unless the debtor has been given notice.E+W

(2)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain;

(d)how it must be given;

(e)who must give it.

(3)The enforcement agent must keep a record of the time when the notice is given.

(4)If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5)The order may be subject to conditions.

Commencement Information

I25Sch. 12 para. 7(2)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(ii)

I26Sch. 12 para. 7(2)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Time limit for taking controlE+W

8(1)An enforcement agent may not take control of goods after the prescribed period.E+W

(2)The period may be prescribed by reference to the date of notice of enforcement or of any writ or warrant conferring the enforcement power or any other date.

(3)Regulations may provide for the period to be extended or further extended by the court in accordance with the regulations.

Commencement Information

I27Sch. 12 para. 8 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(iii)

I28Sch. 12 para. 8 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Goods which may be takenE+W

9E+WAn enforcement agent may take control of goods only if they are—

(a)on premises that he has power to enter under this Schedule, or

(b)on a highway.

Commencement Information

I29Sch. 12 para. 9 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

10E+WAn enforcement agent may take control of goods only if they are goods of the debtor.

Commencement Information

I30Sch. 12 para. 10 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

11(1)Subject to paragraphs 9 and 10 and to any other enactment under which goods are protected, an enforcement agent—E+W

(a)may take control of goods anywhere in England and Wales;

(b)may take control of any goods that are not exempt.

(2)Regulations may authorise him to take control of exempt goods in prescribed circumstances, if he provides the debtor with replacements in accordance with the regulations.

Commencement Information

I31Sch. 12 para. 11(1) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I32Sch. 12 para. 11(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(iv)

I33Sch. 12 para. 11(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Value of goods takenE+W

12(1)Unless sub-paragraph (2) applies, an enforcement agent may not take control of goods whose aggregate value is more than—E+W

(a)the amount outstanding, and

(b)an amount in respect of future costs, calculated in accordance with regulations.

(2)An enforcement agent may take control of goods of higher value on premises or on a highway, only to the extent necessary, if there are not enough goods of a lower value within a reasonable distance—

(a)on a highway, or

(b)on premises that he has power to enter under this Schedule, either under paragraph 14 or under an existing warrant.

(3)For the purposes of this paragraph goods are above a given value only if it is or ought to be clear to the enforcement agent that they are.

(4)Sub-paragraph (1) does not affect the power to keep control of goods if they rise in value once they have been taken.

Commencement Information

I34Sch. 12 para. 12(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(v)

I35Sch. 12 para. 12(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Ways of taking controlE+W

13(1)To take control of goods an enforcement agent must do one of the following—E+W

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

(2)Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.

(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—

(a)determining the time when control is taken;

(b)prohibiting use of any of those ways for goods by description or circumstances or both.

(4)A controlled goods agreement is an agreement under which the debtor—

(a)is permitted to retain custody of the goods,

(b)acknowledges that the enforcement agent is taking control of them, and

(c)agrees not to remove or dispose of them, nor to permit anyone else to, before the debt is paid.

Commencement Information

I38Sch. 12 para. 13(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(vi)

I39Sch. 12 para. 13(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Entry without warrantE+W

14(1)An enforcement agent may enter relevant premises to search for and take control of goods.E+W

(2)Where there are different relevant premises this paragraph authorises entry to each of them.

(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

F111(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

Textual Amendments

Commencement Information

I40Sch. 12 para. 14(1) (2) (4)-(6) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I41Sch. 12 para. 14(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(vii)

I42Sch. 12 para. 14(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Entry under warrantE+W

15(1)If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.E+W

(2)Before issuing the warrant the court must be satisfied that all these conditions are met—

(a)an enforcement power has become exercisable;

(b)there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

(c)it is reasonable in all the circumstances to issue the warrant.

(3)The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.

Commencement Information

I44Sch. 12 para. 15(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(viii)

I45Sch. 12 para. 15(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Re-entryE+W

16(1)This paragraph applies where goods on any premises have been taken control of and have not been removed by the enforcement agent.E+W

(2)The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale.

(3)This paragraph authorises repeated entry to the same premises.

Commencement Information

I46Sch. 12 para. 16 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

General powers to use reasonable forceE+W

17E+WWhere paragraph 18 [F112, 18A, 19 or 19A] applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised.

Textual Amendments

Commencement Information

I47Sch. 12 para. 17 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

18E+WThis paragraph applies if these conditions are met—

(a)the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;

(b)he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;

(c)he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.

Commencement Information

I48Sch. 12 para. 18 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

[F11318A(1)This paragraph applies if these conditions are met—E+W

(a)the enforcement agent has power to enter the premises under paragraph 14;

(b)the enforcement agent reasonably believes that the debtor carries on a trade or business on the premises;

(c)the enforcement agent is acting under a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

(d)the sum so payable is not a traffic contravention debt.

(2)“Traffic contravention debt” has the meaning given by section 82(2) of the Traffic Management Act 2004.]

Textual Amendments

19(1)This paragraph applies if these conditions are met—E+W

(a)the enforcement agent has power to enter the premises under paragraph 16;

(b)he reasonably believes that the debtor carries on a trade or business on the premises;

(c)he is acting under an enforcement power within sub-paragraph (2).

(2)The enforcement powers are those under any of the following—

(a)a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

[F114(b)section 127 of the Finance Act 2008.]

Textual Amendments

F114Sch. 12 para. 19(2)(b) substituted for Sch. 12, para. 19(2)(b)-(e) (6.4.2014) by Finance Act 2008 (c. 9), s. 129(4), Sch. 43 para. 10(3); S.I. 2014/906, art. 2

Commencement Information

I49Sch. 12 para. 19 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

[F115 19A (1)This paragraph applies if these conditions are met—E+W

(a)the enforcement agent has power to enter the premises under paragraph 16;

(b)the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor;

(c)the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt;

(d)the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale;

(e)neither paragraph 18 nor paragraph 19 applies.

(2)For the purposes of a notice under sub-paragraph (1)(d), regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain;

(d)how it must be given;

(e)who must give it.

(3)The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given.

(4)If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5)The order may be subject to conditions.]

Textual Amendments

F115Sch. 12 para. 19A inserted (15.7.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), ss. 25(4), 61(3); S.I. 2013/1725, art. 2(c); S.I. 2014/830, art. 2

Application for power to use reasonable forceE+W

20(1)This paragraph applies if an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.E+W

(2)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

Commencement Information

I50Sch. 12 para. 20 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

21(1)This paragraph applies if an enforcement agent is applying for power to enter premises under a warrant under paragraph 15.E+W

(2)If the enforcement agent applies to the court it may include in the warrant provision authorising him to use, if necessary, reasonable force to enter the premises or to do anything for which entry is authorised.

Commencement Information

I51Sch. 12 para. 21 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

22(1)The court may not issue a warrant under paragraph 20 or include provision under paragraph 21 unless it is satisfied that prescribed conditions are met.E+W

(2)A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.

Commencement Information

I52Sch. 12 para. 22(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(ix)

I53Sch. 12 para. 22(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I54Sch. 12 para. 22(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Other provisions about powers of entryE+W

23E+WParagraphs 24 to 30 apply where an enforcement agent has power to enter premises under paragraph 14 or 16 or under a warrant under paragraph 15.

Commencement Information

I55Sch. 12 para. 23 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

24(1)The power to enter and any power to use force are subject to any restriction imposed by or under regulations.E+W

(2)A power to use force does not include power to use force against personsF116....

Textual Amendments

Commencement Information

I56Sch. 12 para. 24(1) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(x)

I57Sch. 12 para. 24(1) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I58Sch. 12 para. 24(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

25(1)The enforcement agent may enter and remain on the premises only within prescribed times of day.E+W

(2)Regulations may give the court power in prescribed circumstances to authorise him to enter or remain on the premises at other times.

(3)The authorisation—

(a)may be by order or in a warrant under paragraph 15;

(b)may be subject to conditions.

Commencement Information

I59Sch. 12 para. 25(1)(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xi)

I60Sch. 12 para. 25(1)(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I61Sch. 12 para. 25(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

26(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—E+W

(a)his identity, and

(b)his authority to enter the premises.

(2)The request may be made before the enforcement agent enters the premises or while he is there.

Commencement Information

I62Sch. 12 para. 26 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

27(1)The enforcement agent may take other people onto the premises.E+W

(2)They may assist him in exercising any power, including a power to use force.

(3)They must not remain on the premises without the enforcement agent.

(4)The enforcement agent may take any equipment onto the premises.

(5)He may leave equipment on the premises if he leaves controlled goods there.

Commencement Information

I63Sch. 12 para. 27 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

28(1)After entering the premises the enforcement agent must provide a notice for the debtor giving information about what the enforcement agent is doing.E+W

(2)Regulations must state—

(a)the form of the notice;

(b)what information it must give.

(3)Regulations may prescribe circumstances in which a notice need not be provided after re-entry to premises.

(4)If the debtor is on the premises when the enforcement agent is there, the enforcement agent must give him the notice then.

(5)If the debtor is not there, the enforcement agent must leave the notice in a conspicuous place on the premises.

(6)If the enforcement agent knows that there is someone else there or that there are other occupiers, a notice he leaves under sub-paragraph (5) must be in a sealed envelope addressed to the debtor.

Commencement Information

I65Sch. 12 para. 28(2)(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xii)

I66Sch. 12 para. 28(2)(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

29E+WIf the premises are occupied by any person apart from the debtor, the enforcement agent must leave at the premises a list of any goods he takes away.

Commencement Information

I67Sch. 12 para. 29 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

30E+WThe enforcement agent must leave the premises as effectively secured as he finds them.

Commencement Information

I68Sch. 12 para. 30 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Goods on a highwayE+W

31(1)If the enforcement agent applies to the court it may issue a warrant which authorises him to use, if necessary, reasonable force to take control of goods on a highway.E+W

(2)The court may not issue a warrant unless it is satisfied that prescribed conditions are met.

(3)The warrant may require any constable to assist the enforcement agent to execute it.

(4)The power to use force is subject to any restriction imposed by or under regulations.

(5)The power to use force does not include power to use force against personsF117....

Textual Amendments

Commencement Information

I70Sch. 12 para. 31(2)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xiii)

I71Sch. 12 para. 31(2)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

32(1)The enforcement agent may not exercise any power under this Schedule on a highway except within prescribed times of day.E+W

(2)Regulations may give the court power in prescribed circumstances to authorise him to exercise a power at other times.

(3)The authorisation may be subject to conditions.

Commencement Information

I72Sch. 12 para. 32(1)(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xiv)

I73Sch. 12 para. 32(1)(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I74Sch. 12 para. 32(3) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

33(1)If the enforcement agent takes control of goods on a highway or enters a vehicle on a highway with the intention of taking control of goods, he must provide a notice for the debtor giving information about what he is doing.E+W

(2)Regulations must state—

(a)the form of the notice;

(b)what information it must give.

(3)If the debtor is present when the enforcement agent is there, the enforcement agent must give him the notice then.

(4)Otherwise the enforcement agent must deliver the notice to any relevant premises (as defined by paragraph 14) in a sealed envelope addressed to the debtor.

Commencement Information

I76Sch. 12 para. 33(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xv)

I77Sch. 12 para. 33(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

InventoryE+W

34(1)If an enforcement agent takes control of goods he must provide the debtor with an inventory of them as soon as reasonably practicable.E+W

(2)But if there are co-owners of any of the goods, the enforcement agent must instead provide the debtor as soon as reasonably practicable with separate inventories of goods owned by the debtor and each co-owner and an inventory of the goods without a co-owner.

(3)The enforcement agent must as soon as reasonably practicable provide the co-owner of any of the goods with—

(a)the inventory of those goods, and

(b)a copy of the notice under paragraph 28.

(4)Regulations must state—

(a)the form of an inventory, and

(b)what it must contain.

Commencement Information

I79Sch. 12 para. 34(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xvi)

I80Sch. 12 para. 34(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Care of goods removedE+W

35(1)An enforcement agent must take reasonable care of controlled goods that he removes from the premises or highway where he finds them.E+W

(2)He must comply with any provision of regulations about their care while they remain controlled goods.

Commencement Information

I81Sch. 12 para. 35(1) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I82Sch. 12 para. 35(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xvii)

I83Sch. 12 para. 35(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

ValuationE+W

36(1)Before the end of the minimum period, the enforcement agent must—E+W

(a)make or obtain a valuation of the controlled goods in accordance with regulations;

(b)give the debtor, and separately any co-owner, an opportunity to obtain an independent valuation of the goods.

(2)In this paragraph “minimum period” means the period specified by regulations under—

(a)paragraph 49, in the case of securities;

(b)paragraph 39, in any other case.

Commencement Information

I84Sch. 12 para. 36 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xviii)

I85Sch. 12 para. 36 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Best priceE+W

37(1)An enforcement agent must sell or dispose of controlled goods for the best price that can reasonably be obtained in accordance with this Schedule.E+W

(2)That does not apply to money that can be used for paying any of the outstanding amount, unless the best price is more than its value if used in that way.

Commencement Information

I86Sch. 12 para. 37 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

SaleE+W

38E+WParagraphs 39 to 42 apply to the sale of controlled goods, except where—

(a)the controlled goods are securities, or

(b)the sale is by exchange of one currency for another.

Commencement Information

I87Sch. 12 para. 38 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

39(1)The sale must not be before the end of the minimum period except with the agreement of the debtor and any co-owner.E+W

(2)Regulations must specify the minimum period.

Commencement Information

I88Sch. 12 para. 39(1) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I89Sch. 12 para. 39(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xix)

I90Sch. 12 para. 39(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

40(1)Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner.E+W

(2)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain (besides the date, time and place of sale);

(d)how it must be given.

(3)The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

(4)Any notice must be given within the permitted period.

(5)Unless extended the permitted period is 12 months beginning with the day on which the enforcement agent takes control of the goods.

(6)Any extension must be by agreement in writing between the creditor and debtor before the end of the period.

(7)They may extend the period more than once.

Commencement Information

I92Sch. 12 para. 40(2)(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xx)

I93Sch. 12 para. 40(2)(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

41(1)The sale must be by public auction unless the court orders otherwise.E+W

(2)The court may make an order only on an application by the enforcement agent.

(3)Regulations may make provision about the types of sale the court may order.

(4)In an application for an order under sub-paragraph (2) the enforcement agent must state whether he has reason to believe that an enforcement power has become exercisable by another creditor against the debtor or a co-owner.

(5)If the enforcement agent states that he does, the court may not consider the application until notice of it has been given to the other creditor in accordance with regulations (or until the court is satisfied that an enforcement power is not exercisable by the other creditor against the debtor or a co-owner).

Commencement Information

I95Sch. 12 para. 41(3)(5) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxi)

I96Sch. 12 para. 41(3)(5) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

42E+WRegulations may make further provision about the sale of controlled goods, including in particular—

(a)requirements for advertising;

(b)provision about the conduct of a sale.

Commencement Information

I97Sch. 12 para. 42 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxii)

I98Sch. 12 para. 42 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Place of saleE+W

43(1)Regulations may make provision about the place of sale of controlled goods.E+W

(2)They may prescribe circumstances in which the sale may be held on premises where goods were found by the enforcement agent.

(3)Except where the regulations provide otherwise, the sale may not be held on those premises without the consent of the occupier.

(4)Paragraphs 44 to 46 apply if the sale may be held on those premises.

Commencement Information

I99Sch. 12 para. 43(1)(2)(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxiii)

I100Sch. 12 para. 43(1)(2)(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

I101Sch. 12 para. 43(4) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

44(1)The enforcement agent and any person permitted by him—E+W

(a)may enter the premises to conduct or attend the sale;

(b)may bring equipment onto the premises for the purposes of the sale.

(2)This paragraph authorises repeated entry to the premises.

(3)If necessary the enforcement agent may use reasonable force to enable the sale to be conducted and any person to enter under this paragraph.

Commencement Information

I102Sch. 12 para. 44 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

45(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—E+W

(a)his identity, and

(b)his authority to enter and hold the sale on the premises.

(2)The request may be made before the enforcement agent enters the premises or while he is there.

Commencement Information

I103Sch. 12 para. 45 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

46E+WThe enforcement agent must leave the premises as effectively secured as he finds them.

Commencement Information

I104Sch. 12 para. 46 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Holding and disposal of securitiesE+W

47E+WParagraphs 48 and 49 apply to securities as controlled goods.

Commencement Information

I105Sch. 12 para. 47 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

48(1)Regulations may make provision about how securities are to be held and disposed of.E+W

(2)In this Schedule, references to disposal include, in relation to securities, realising the sums secured or made payable by them, suing for the recovery of those sums or assigning the right to sue for their recovery.

(3)Regulations may in particular make provision for purposes corresponding to those for which provision is made in this Schedule in relation to the disposal of other controlled goods.

(4)The power to make regulations under this paragraph is subject to paragraph 49.

Commencement Information

I106Sch. 12 para. 48 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxiv)

I107Sch. 12 para. 48 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

49(1)The creditor may sue in the name of the debtor, or in the name of any person in whose name the debtor might have sued, for the recovery of any sum secured or made payable by securities, when the time of payment arrives.E+W

(2)Before any proceedings under sub-paragraph (1) are commenced or the securities are otherwise disposed of, the enforcement agent must give notice of the disposal to the debtor and any co-owner.

(3)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain;

(d)how it must be given.

(4)The enforcement agent may replace a notice with a new notice, subject to any restriction in regulations.

(5)Any notice must be given within the permitted period.

(6)Unless extended the permitted period is 12 months beginning with the time of payment.

(7)Any extension must be by agreement in writing between the creditor and debtor before the end of the period.

(8)They may extend the period more than once.

Commencement Information

I109Sch. 12 para. 49(3)(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxv)

I110Sch. 12 para. 49(3)(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Application of proceedsE+W

50(1)Proceeds from the exercise of an enforcement power must be used to pay the amount outstanding.E+W

(2)Proceeds are any of these—

(a)proceeds of sale or disposal of controlled goods;

(b)money taken in exercise of the power, if paragraph 37(1) does not apply to it.

(3)The amount outstanding is the sum of these—

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

(4)If the proceeds are less than the amount outstanding, which amounts in sub-paragraph (3)(a) and (b) must be paid, and how much of any amount, is to be determined in accordance with regulations.

(5)If the proceeds are more than the amount outstanding, the surplus must be paid to the debtor.

(6)If there is a co-owner of any of the goods, the enforcement agent must—

(a)first pay the co-owner a share of the proceeds of those goods proportionate to his interest;

(b)then deal with the rest of the proceeds under sub-paragraphs (1) to (5).

(7)Regulations may make provision for resolving disputes about what share is due under sub-paragraph (6)(a).

Commencement Information

I112Sch. 12 para. 50(3)(4)(7) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxvi)

I113Sch. 12 para. 50(3)(4)(7) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Passing of titleE+W

51(1)A purchaser of controlled goods acquires good title, with two exceptions.E+W

(2)The exceptions apply only if the goods are not the debtor's at the time of sale.

(3)The first exception is where the purchaser, the creditor, the enforcement agent or a related party has notice that the goods are not the debtor's.

(4)The second exception is where a lawful claimant has already made an application to the court claiming an interest in the goods.

(5)A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.

(6)A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent.

(7)“The court” has the same meaning as in paragraph 60.

Commencement Information

I114Sch. 12 para. 51 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Abandonment of goods other than securitiesE+W

52E+WParagraphs 53 and 54 apply to controlled goods other than—

(a)securities;

(b)money to which paragraph 37(1) does not apply.

Commencement Information

I115Sch. 12 para. 52 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

53(1)Controlled goods are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 40 (notice of sale) within the permitted period.E+W

F118(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations may prescribe other circumstances in which controlled goods are abandoned.

Textual Amendments

Commencement Information

I116Sch. 12 para. 53(1)(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I117Sch. 12 para. 53(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxvii)

I118Sch. 12 para. 53(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

54(1)If controlled goods are abandoned then, in relation to the enforcement power concerned, the following apply—E+W

(a)the enforcement power ceases to be exercisable;

(b)as soon as reasonably practicable the enforcement agent must make the goods available for collection by the debtor, if he removed them from where he found them.

(2)Regulations may make further provision about arrangements under sub-paragraph (1)(b), including in particular provision about the disposal of goods uncollected after a prescribed period.

(3)Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.

Commencement Information

I120Sch. 12 para. 54(2) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxviii)

I121Sch. 12 para. 54(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Abandonment of securitiesE+W

55E+WParagraphs 56 and 57 apply to securities as controlled goods.

Commencement Information

I122Sch. 12 para. 55 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

56(1)Securities are abandoned if the enforcement agent does not give the debtor or any co-owner notice under paragraph 49 (notice of disposal) within the permitted period.E+W

F119(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations may prescribe other circumstances in which securities are abandoned.

Textual Amendments

Commencement Information

I123Sch. 12 para. 56(1)(2) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I124Sch. 12 para. 56(3) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxix)

I125Sch. 12 para. 56(3) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

57(1)If securities are abandoned then, in relation to the enforcement power concerned, the following apply—E+W

(a)the enforcement power ceases to be exercisable;

(b)as soon as reasonably practicable the enforcement agent must make the securities available for collection by the debtor, if he removed them from where he found them.

(2)Where the enforcement power was under a writ or warrant, sub-paragraph (1) does not affect any power to issue another writ or warrant.

Commencement Information

I126Sch. 12 para. 57 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Payment of amount outstandingE+W

58(1)This paragraph applies where the debtor pays the amount outstanding in full—E+W

(a)after the enforcement agent has taken control of goods, and

(b)before they are sold or abandoned.

(2)If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3)No further step may be taken under the enforcement power concerned.

(4)For the purposes of this paragraph the amount outstanding is reduced by the value of any controlled goods consisting of money required to be used to pay that amount, and sub-paragraph (2) does not apply to that money.

Commencement Information

I127Sch. 12 para. 58 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

59(1)This paragraph applies if a further step is taken despite paragraph 58(3).E+W

(2)The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3)Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4)If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5)A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

(6)Sub-paragraphs (2) to (4) do not affect any right of the debtor or a co-owner to a remedy against any person other than the enforcement agent or a related party.

(7)In this paragraph, “related party” has the meaning given by paragraph 65(4).

Commencement Information

I128Sch. 12 para. 59 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Third party claiming goodsE+W

60(1)This paragraph applies where a person makes an application to the court claiming that goods taken control of are his and not the debtor's.E+W

(2)After receiving notice of the application the enforcement agent must not sell the goods, or dispose of them (in the case of securities), unless directed by the court under this paragraph.

(3)The court may direct the enforcement agent to sell or dispose of the goods if the applicant fails to make, or to continue to make, the required payments into court.

(4)The required payments are—

(a)payment on making the application (subject to sub-paragraph (5)) of an amount equal to the value of the goods, or to a proportion of it directed by the court;

(b)payment, at prescribed times (on making the application or later), of any amounts prescribed in respect of the enforcement agent's costs of retaining the goods.

(5)If the applicant makes a payment under sub-paragraph (4)(a) but the enforcement agent disputes the value of the goods, any underpayment is to be—

(a)determined by reference to an independent valuation carried out in accordance with regulations, and

(b)paid at the prescribed time.

(6)If sub-paragraph (3) does not apply the court may still direct the enforcement agent to sell or dispose of the goods before the court determines the applicant's claim, if it considers it appropriate.

(7)If the court makes a direction under sub-paragraph (3) or (6)—

(a)paragraphs 38 to 49, and regulations under them, apply subject to any modification directed by the court;

(b)the enforcement agent must pay the proceeds of sale or disposal into court.

(8)In this paragraph “the court”, subject to rules of court, means—

(a)the High Court, in relation to an enforcement power under a writ of the High Court;

(b)[F120the county court], in relation to an enforcement power under a warrant issued by [F120the county court];

(c)in any other case, the High Court or [F120the county court].

Textual Amendments

F120Words in Sch. 12 para. 60(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I129Sch. 12 para. 60(1)-(3) (6)-(8) in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

I130Sch. 12 para. 60(4)(5) in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxx)

I131Sch. 12 para. 60(4)(5) in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Application to assignee or transfereeE+W

61(1)This Schedule applies as follows where an interest of the debtor's in goods is assigned or transferred while the property in the goods is bound for the purposes of an enforcement power, and the enforcement agent—E+W

(a)knows that the assignee or transferee has an interest in the particular goods, or

(b)would know, if he made reasonable enquiries.

(2)These apply as if the assignee or transferee were a co-owner of the goods with the debtor—

(a)paragraph 34 (inventory);

(b)paragraph 36 (valuation);

(c)paragraphs 39 to 41 (sale);

(d)paragraph 59(6) (remedies after payment of amount outstanding).

(3)If the interest of the assignee or transferee was acquired in good faith, for valuable consideration and without notice, paragraph 50(6) applies as if “co-owner” included the assignee or transferee.

(4)If the interest of the assignee or transferee was not acquired in good faith, for valuable consideration and without notice, the enforcement agent must pay any surplus under paragraph 50(5) to the assignee or transferee and to the debtor (if he retains an interest).

(5)If the surplus is payable to two or more persons it must be paid in shares proportionate to their interests.

(6)Paragraph 5(3) and (4) (“good faith” and “notice”) apply for the purposes of this paragraph.

Commencement Information

I132Sch. 12 para. 61 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

CostsE+W

62(1)Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.E+W

(2)The regulations may provide for recovery to be out of proceeds or otherwise.

(3)The amount recoverable under the regulations in any case is to be determined by or under the regulations.

(4)The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court.

(5)“Enforcement-related services” means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.

Commencement Information

I133Sch. 12 para. 62 in force at 15.7.2013 for specified purposes by S.I. 2013/1739, art. 3(g)(xxxi)

I134Sch. 12 para. 62 in force at 6.4.2014 in so far as not already in force by S.I. 2014/768, art. 2(1)(b)

Limitation of liability for sale or payment of proceedsE+W

63(1)Any liability of an enforcement agent or related party to a lawful claimant for the sale of controlled goods is excluded except in two cases.E+W

(2)The first exception is where at the time of the sale the enforcement agent had notice that the goods were not the debtor's, or not his alone.

(3)The second exception is where before sale the lawful claimant had made an application to the court claiming an interest in the goods.

(4)A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.

Commencement Information

I135Sch. 12 para. 63 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

64(1)Any liability of an enforcement agent or related party to a lawful claimant for paying over proceeds is excluded except in two cases.E+W

(2)The first exception is where at the time of the payment he had notice that the goods were not the debtor's, or not his alone.

(3)The second exception is where before that time the lawful claimant had made an application to the court claiming an interest in the goods.

(4)A lawful claimant in relation to goods is a person who has an interest in them at the time of sale.

Commencement Information

I136Sch. 12 para. 64 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

65(1)Paragraphs 63 and 64—E+W

(a)do not affect the liability of a person other than the enforcement agent or a related party;

(b)do not apply to the creditor if he is the enforcement agent.

(2)The following apply for the purposes of those paragraphs.

(3)The enforcement agent or a related party has notice of something if he would have found it out if he had made reasonable enquiries.

(4)A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent.

(5)“The court” has the same meaning as in paragraph 60.

Commencement Information

I137Sch. 12 para. 65 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Remedies available to the debtorE+W

66(1)This paragraph applies where an enforcement agent—E+W

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in [F121the county court], in relation to an enforcement power under a warrant issued by [F121the county court];

(c)in any other case, in the High Court or [F121the county court].

(5)In the proceedings the court may—

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective.

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).

Textual Amendments

F121Words in Sch. 12 para. 66(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I138Sch. 12 para. 66 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Remedies available to the creditorE+W

67E+WIf a debtor wrongfully interferes with controlled goods and the creditor suffers loss as a result, the creditor may bring a claim against the debtor in respect of the loss.

Commencement Information

I139Sch. 12 para. 67 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

OffencesE+W

68(1)A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.E+W

(2)A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.

(3)A person guilty of an offence under this paragraph is liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks, or

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.

(4)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in sub-paragraph (3)(a) to 51 weeks is to be read as a reference to 6 months.

Commencement Information

I140Sch. 12 para. 68 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Relation to insolvency provisionsE+W

69E+WThis Schedule is subject to sections 183, 184 and 346 of the Insolvency Act 1986 (c. 45).

Commencement Information

I141Sch. 12 para. 69 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Section 62(3)

SCHEDULE 13E+WTaking control of goods: amendments

Inclosure Act 1773 (c. 81)E+W

1E+WThe Inclosure Act 1773 is amended as follows.

Commencement Information

I142Sch. 13 para. 1 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

2(1)Section 4 (expenses how to be defrayed) is amended as follows.E+W

(2)For “levied by distress and sale of the goods and chattels of” substitute “ recovered, by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), from ”.

(3)Omit the words from “rendering” to the end.

Commencement Information

I143Sch. 13 para. 2 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

3(1)Section 16 (assessments to be levied for the improving of wastes where there are stinted commons) is amended as follows.E+W

(2)For “levied by distress and sale of the goods and chattels of” substitute “ recovered, by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), from ”.

(3)Omit the words from “rendering” to the end.

Commencement Information

I144Sch. 13 para. 3 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Oaths Act 1775 (c. 39)E+W

4E+WIn the Oaths Act 1775 (justices to administer oaths for levying penalties etc.) at the end insert— “ In this Act references to making a distress include references to using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover a sum. ”

Commencement Information

I145Sch. 13 para. 4 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Sale of Farming Stock Act 1816 (c. 50)E+W

5E+WThe Sale of Farming Stock Act 1816 ceases to have effect.

Commencement Information

I146Sch. 13 para. 5 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Judgments Act 1838 (c. 110)E+W

6E+WIn the Judgments Act 1838 omit section 12 (sheriff may seize money, banknotes, etc.).

Commencement Information

I147Sch. 13 para. 6 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Lands Clauses Consolidation Act 1845 (c. 18)E+W

7(1)In section 91 of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands) for “levied by distress” substitute “ recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.E+W

(2)This paragraph extends only to England and Wales.

Commencement Information

I148Sch. 13 para. 7 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Inclosure Act 1845 (c. 118)E+W

8E+WThe Inclosure Act 1845 is amended as follows.

Commencement Information

I149Sch. 13 para. 8 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

9E+WIn section 151 (recovery of share of expenses) for “levied by distress” substitute “ recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods). ”

Commencement Information

I150Sch. 13 para. 9 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

10E+WIn section 159 (recovery of penalties and forfeitures) for the words from “to levy” to the end substitute “ to recover such penalties and forfeitures by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods). ”

Commencement Information

I151Sch. 13 para. 10 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Railways Clauses Act 1863 (c. 92)E+W

11E+WThe Railways Clauses Act 1863 is amended as follows.

Commencement Information

I152Sch. 13 para. 11 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

12E+WIn section 33 (recovery of money by distress) at the end insert— “In this section as it applies in England and Wales—

(a)for “levied by distress” substitute “ recovered using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”;

(b)for “warrant of distress” substitute “ warrant of control ”.”

Commencement Information

I153Sch. 13 para. 12 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

13E+WIn section 34 (several names in one warrant) at the end insert— “In this section as it applies in England and Wales for “warrant of distress” substitute

. ”

Commencement Information

I154Sch. 13 para. 13 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Summary Jurisdiction (Process) Act 1881 (c. 24)E+W

14E+WThe Summary Jurisdiction (Process) Act 1881 is amended as follows.

Commencement Information

I155Sch. 13 para. 14 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

15E+WIn section 5 (provision as to execution of process) after “warrant of distress” in the first place insert “ or warrant of control ”.

Commencement Information

I156Sch. 13 para. 15 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

16E+WIn section 8 (definitions) after “warrant of distress,” insert “ any warrant of control, ”.

Commencement Information

I157Sch. 13 para. 16 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Bills of Sale Act (1878) Amendment Act 1882 (c. 43)E+W

17E+WThe Bills of Sale Act (1878) Amendment Act 1882 is amended as follows.

Commencement Information

I158Sch. 13 para. 17 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

18E+WIn section 7 (bill of sale with power to seize except in certain events to be void), in paragraph (2) after “distrained” insert “ , or taken control of using the power in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, ”.

Commencement Information

I159Sch. 13 para. 18 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

19E+WIn section 14 (bill of sale not to protect chattels against poor and parochial rates), after “warrant” insert “ , or subject to a warrant of control, ”.

Commencement Information

I160Sch. 13 para. 19 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Sheriffs Act 1887 (c. 55)E+W

20E+WIn section 20 of the Sheriffs Act 1887 (fees and poundage), after subsection (2) insert—

“(2A)Subsection (2) does not apply to the execution of process under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods).”

Commencement Information

I161Sch. 13 para. 20 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Deeds of Arrangement Act 1914 (c. 47)E+W

F12221E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I162Sch. 13 para. 21 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)E+W

22(1)Section 6 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (mode of enforcing orders) is amended as follows.E+W

(2)In subsection (3), after “distress” insert “ , control ”.

(3)After subsection (3) insert—

“(4)For the purposes of its execution under subsection (3) in England and Wales, a warrant of distress has effect as a warrant of control.

(5)For the purposes of its execution under subsection (3) elsewhere than in England and Wales, a warrant of control has effect as a warrant of distress.”

Commencement Information

I163Sch. 13 para. 22 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Agricultural Credits Act 1928 (c. 43)E+W

23E+WIn section 8 of the Agricultural Credits Act 1928 (supplemental provisions about agricultural charges), in subsection (7) after “distress for” insert “ , or the exercise of a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover, ”.

Commencement Information

I164Sch. 13 para. 23 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)E+W

24E+WIn section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (general restrictions on execution and other remedies), in subsection (2)(a) after “the levying of distress;” insert— “ using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); ”.

Commencement Information

I165Sch. 13 para. 24 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Agriculture (Miscellaneous Provisions) Act 1954 (c. 39)E+W

25E+WIn section 5 of the Agriculture (Miscellaneous Provisions) Act 1954 (power of Agricultural Land Tribunal to award costs), in subsection (3) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I166Sch. 13 para. 25 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Criminal Justice Act 1961 (c. 39)E+W

26E+WIn section 39 of the Criminal Justice Act 1961 (interpretation) after subsection (1) insert—

“(1ZA)In the definition of “default” in subsection (1) the reference to want of sufficient distress to satisfy a fine or other sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine or other sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”

Commencement Information

I167Sch. 13 para. 26 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Compulsory Purchase Act 1965 (c. 56)E+W

27E+WThe Compulsory Purchase Act 1965 is amended as follows.

Commencement Information

I168Sch. 13 para. 27 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

28(1)Section 13 (refusal to give possession to acquiring authority) is amended as follows.E+W

(2)In subsection (4) for “levied by distress” substitute “ recovered by using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”.

(3)Omit subsection (5).

Commencement Information

I169Sch. 13 para. 28 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

29E+WOmit section 29 (irregularities in proceedings under the Act).

Commencement Information

I170Sch. 13 para. 29 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Criminal Justice Act 1967 (c. 80)E+W

30E+WIn section 104 of the Criminal Justice Act 1967 (general provisions as to interpretation) after subsection (1) insert—

“(1A)In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”

Commencement Information

I171Sch. 13 para. 30 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Sea Fisheries Act 1968 (c. 77)E+W

31E+WIn section 12 of the Sea Fisheries Act 1968 (recovery of fines imposed on master etc. or crew), in subsection (3)—

(a)for “warrants of distress)” substitute “ warrants), as they apply to warrants of the kinds mentioned there, ”;

(b)omit the words from “as they apply” to the end.

Commencement Information

I172Sch. 13 para. 31 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Taxes Management Act 1970 (c. 9)E+W

32E+WThe Taxes Management Act 1970 is amended as follows.

Commencement Information

I173Sch. 13 para. 32 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

F12333E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I174Sch. 13 para. 33 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

34E+WIn section 62 (priority of claim for tax) at the end insert—

“(4)This section does not extend to England and Wales.”

Commencement Information

I175Sch. 13 para. 34 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Administration of Justice Act 1970 (c. 31)E+W

35E+WIn section 41 of the Administration of Justice Act 1970 (recovery of costs and compensation awarded by magistrates etc.) in subsection (3) for “writ of fieri facias” substitute “ writ of control ”.

Commencement Information

I176Sch. 13 para. 35 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Attachment of Earnings Act 1971 (c. 32)E+W

36E+WIn section 3 of the Attachment of Earnings Act 1971 (application for order and conditions of court's power to make it), in subsection (4)(b), for “distress” substitute “ taking control of goods ”.

Commencement Information

I177Sch. 13 para. 36 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Criminal Justice Act 1972 (c. 71)E+W

37E+WIn section 66 of the Criminal Justice Act 1972 (interpretation etc.) [F124omit subsection (2).]

Textual Amendments

F124Words in Sch. 13 para. 37 omitted (6.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), ss. 25(9)(a), 61(3); S.I. 2014/830, art. 2

Commencement Information

I178Sch. 13 para. 37 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Rehabilitation of Offenders Act 1974 (c. 53)E+W

38E+WIn section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions) after subsection (3) insert—

“(3A)In subsection (3)(a), the reference to want of sufficient distress to satisfy a fine or other sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine or other sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”

Commencement Information

I179Sch. 13 para. 38 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Patents Act 1977 (c. 37)E+W

39E+WThe Patents Act 1977 is amended as follows.

Commencement Information

I180Sch. 13 para. 39 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

40E+WIn section 41 (amount of compensation of employees), in subsection (9) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I181Sch. 13 para. 40 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

41E+WIn section 61 (proceedings for infringement of patent), in subsection (7)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I182Sch. 13 para. 41 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

42E+WIn section 93 (enforcement of orders for costs), in paragraph (a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I183Sch. 13 para. 42 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

43E+WIn section 107 (costs and expenses in proceedings before the comptroller), in subsection (2) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I184Sch. 13 para. 43 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Customs and Excise Management Act 1979 (c. 2)E+W

44E+WIn section 149 of the Customs and Excise Management Act 1979 (non-payment of penalties etc: maximum terms of imprisonment) after subsection (1) insert—

“(1A)In subsection (1)(b) as it applies to a magistrates' court in England or Wales the reference to default of sufficient distress to satisfy the amount of the penalty is a reference to want of sufficient goods to satisfy the amount, within the meaning given by section 79(4) of the Magistrates' Courts Act 1980.”

Commencement Information

I185Sch. 13 para. 44 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Magistrates' Courts Act 1980 (c. 43)E+W

45E+WThe Magistrates' Courts Act 1980 is amended as follows.

Commencement Information

I186Sch. 13 para. 45 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

46(1)Section 76 (enforcement of sums adjudged to be paid) is amended as follows.E+W

(2)In subsection (1) for “issue a warrant of distress for the purpose of levying the sum” substitute “ issue a warrant of control for the purpose of recovering the sum ”.

(3)In subsection (2)(a)—

(a)for “warrant of distress” substitute “ warrant of control ”;

(b)for “satisfy the sum with the costs and charges of levying the sum” substitute “ pay the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 ”.

(4)In subsection (2)(b) for “warrant of distress” substitute “ warrant of control ”.

Commencement Information

I187Sch. 13 para. 46 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

47E+WIn section 77 (postponement of issue of warrant), in subsection (1) for “warrant of distress” substitute “ warrant of control ”.

Commencement Information

I188Sch. 13 para. 47 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

48(1)Section 79 (release from custody and reduction of detention on payment) is amended as follows.E+W

(2)In subsection (1)—

(a)for “distress” in the first place substitute “ goods ”;

(b)for “and distress” substitute “ ,or (as the case may be) on the payment of the amount outstanding, ”.

(3)In subsection (2)—

(a)for “distress” in the first place substitute “ goods ”;

(b)for the words from “to so much of the said sum” to the end substitute “—

(a)to the amount outstanding at the time the period of detention was imposed, if the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) had been used for recovering the sum;

(b)otherwise, to so much of the sum as was due at that time.”

(4)After subsection (3) insert—

“(4)In this Act, references to want of sufficient goods to satisfy a sum of money are references to circumstances where—

(a)a warrant of control has been issued for the sum to be recovered from a person, but

(b)it appears on the return to the warrant that the person's money and goods are insufficient to pay the amount outstanding.

(5)In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

Commencement Information

I189Sch. 13 para. 48 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

49E+WIn section 80 (application of money found on defaulter to satisfy sum adjudged), in subsection (2) for “distress” substitute “ goods ”.

Commencement Information

I190Sch. 13 para. 49 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

50E+WIn section 81 (enforcement of fines imposed on young offenders) in subsections (1) and (3) for “distress” substitute “ goods ”.

Commencement Information

I191Sch. 13 para. 50 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

51(1)Section 82 (restriction on power to impose imprisonment for default) is amended as follows.E+W

(2)In subsection (3), for “distress” substitute “ goods ”.

(3)In subsection (4A)(a), for “warrant of distress” substitute “ warrant of control ”.

Commencement Information

I192Sch. 13 para. 51 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

52E+WIn section 87 (enforcement of payment of fines by High Court and county court) in subsection (1) for “writ of fieri facias” substitute “ writ of control ”.

Commencement Information

I193Sch. 13 para. 52 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

53(1)Section 87A (fines imposed on companies) is amended as follows.E+W

(2)In subsection (1)(b), for “warrant of distress” substitute “ warrant of control ”.

(3)For subsection (1)(c) substitute—

“(c)it appears on the return to the warrant that the company's money and goods are insufficient to pay the amount outstanding,”.

(4)At the end insert—

“(3)In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

Commencement Information

I194Sch. 13 para. 53 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

54E+WIn section 88 (supervision pending payment) in subsections (4) and (6) for “distress” substitute “ goods ”.

Commencement Information

I195Sch. 13 para. 54 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

55E+WIn section 96 (civil debt: complaint for non-payment), in subsection (1) for “distress” substitute “ goods ”.

Commencement Information

I196Sch. 13 para. 55 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

56E+WIn section 120 (forfeiture of recognizance), in subsection (4) for “warrant of distress” substitute “ warrant of control ”.

Commencement Information

I197Sch. 13 para. 56 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

57(1)In section 125 (warrants) subsection (2) is amended as follows.E+W

(2)For “warrant of distress”, in the first place, substitute “ warrant of control ”.

(3)Omit the words from “This subsection” to the end.

Commencement Information

I198Sch. 13 para. 57 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

58(1)Section 125A (civilian enforcement officers) is amended as follows.E+W

(2)In subsection (3), for “distress” substitute “ control ”.

(3)In subsection (3A), for “distress” substitute “ control ”.

(4)In subsection (4), for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

Commencement Information

I199Sch. 13 para. 58 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

59E+WIn section 125B (execution by approved enforcement agency), in subsection (4) for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

Commencement Information

I200Sch. 13 para. 59 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

60E+WIn section 125CA (power to make disclosure order), in subsection (2) for “distress” substitute “ control ”.

Commencement Information

I201Sch. 13 para. 60 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

61(1)Section 125D (execution by person not in possession of warrant) is amended as follows.E+W

(2)Omit subsection (3)(c).

(3)In subsection (4), for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

Commencement Information

I202Sch. 13 para. 61 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

62E+WIn section 133 (consecutive terms of imprisonment) in subsections (4) and (5) for “distress” substitute “ goods ”.

Commencement Information

I203Sch. 13 para. 62 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

63(1)Section 150 (interpretation) is amended as follows.E+W

(2)In subsection (1) in the definitions of “impose imprisonment” and “sentence”, for “distress” substitute “ goods ”.

(3)After subsection (3) insert—

“(3A)References in this Act to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4).”

Commencement Information

I204Sch. 13 para. 63 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

64E+WOmit section 151.

Commencement Information

I205Sch. 13 para. 64 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

65E+WIn Schedule 4A (powers of authorised officers executing warrants), omit paragraph 3.

Commencement Information

I206Sch. 13 para. 65 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Supreme Court Act 1981 (c. 54)E+W

66(1)Section 43ZA of the Supreme Court Act 1981 (power of High Court to vary committal in default) is amended as follows.E+W

(2)In subsection (1) for “distress” in both places substitute “ goods ”.

(3)After subsection (2) insert—

“(3)In subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”

Commencement Information

I207Sch. 13 para. 66 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

British Fishing Boats Act 1983 (c. 8)E+W

F12567E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I208Sch. 13 para. 67 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

County Courts Act 1984 (c. 28)E+W

68E+WThe County Courts Act 1984 is amended as follows.

Commencement Information

I209Sch. 13 para. 68 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

69(1)Section 85 (execution of judgments or orders for payment of money) is amended as follows.E+W

(2)In subsection (1), for the words from “by execution” to the end substitute “ under a warrant under subsection (2). ”

(3)In subsection (2)—

(a)for “warrant of execution in the nature of a writ of fieri facias” substitute “ warrant of control ”;

(b)for the words from “levy” to the end substitute “ use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the money payable under the judgment or order. ”

(4)After that subsection insert—

“(2A)The person to whom a warrant under subsection (2) must be directed is to be determined in accordance with arrangements made by a person authorised by or on behalf of the Lord Chancellor.”

(5)Omit subsection (3).

Commencement Information

I210Sch. 13 para. 69 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

70(1)Section 86 (execution of orders for payment by instalments) is amended as follows.E+W

(2)In subsection (1) for “execution on the order” substitute “ a warrant of control to recover any of that sum ”.

(3)In subsection (2)—

(a)for “execution is to issue” substitute “ a warrant of control is to be issued ”;

(b)for “execution may issue” substitute “ a warrant of control may be issued ”.

(4)In subsection (3)—

(a)for “execution or successive executions may issue” substitute “ a warrant or successive warrants of control may be issued ”;

(b)for the words from “no execution” to “it issues” substitute “ no warrant of control may be issued unless when it is issued ”.

Commencement Information

I211Sch. 13 para. 70 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

71(1)Section 87 (execution to be superseded on payment) is amended as follows.E+W

(2)In subsection (1)—

(a)for “warrant of execution” substitute “ warrant of control ”;

(b)for “levied” substitute “ recovered ”.

(3)Omit subsection (2).

(4)For the heading “Execution to be superseded on payment” substitute “ Indorsement of amount on warrant ”.

Commencement Information

I212Sch. 13 para. 71 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

72E+WOmit sections 89 to 91.

Commencement Information

I213Sch. 13 para. 72 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

73E+WIn section 92 (penalty for rescuing goods seized), after subsection (2) insert—

“(3)This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

Commencement Information

I214Sch. 13 para. 73 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

74E+WOmit sections 93 to [F12698 and] 100.

Textual Amendments

F126Words in Sch. 13 para. 74 inserted (6.4.2014) by Crime and Courts Act 2013 (c. 22), ss. 25(9)(b), 61(3); S.I. 2014/830, art. 2

Commencement Information

I215Sch. 13 para. 74 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

75E+WIn section 101 (interpleader by district judge), after subsection (3) insert—

“(4)This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

Commencement Information

I216Sch. 13 para. 75 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

76E+WOmit sections 102 and 103.

Commencement Information

I217Sch. 13 para. 76 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

77E+WIn section 104 (information as to writs and warrants of execution) in subsection (2) for “A bailiff of [F127the county court]” substitute “ The person to whom a warrant issued by [F127the county court] is directed ”.

Textual Amendments

F127Words in Sch. 13 para. 77 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I218Sch. 13 para. 77 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

78E+WOmit section 123.

Commencement Information

I219Sch. 13 para. 78 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

79(1)Section 124 (liability of bailiff for neglect to levy execution) is amended as follows.E+W

(2)In subsection (1)—

(a)for the words from “a bailiff” to “the execution” substitute “ [F128the county court] issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it ”;

F129(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (2)—

(a)for “the bailiff” substitute “ that person ”;

(b)for “execution” substitute “ warrant was ”.

Textual Amendments

F128Words in Sch. 13 para. 79(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F129Sch. 13 para. 79(2)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 136(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I220Sch. 13 para. 79 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

80E+WIn section 125 (irregularity in executing warrants) in subsection (1) after “but” insert “ , except in the case of a warrant of control (to which Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 applies), ”.

Commencement Information

I221Sch. 13 para. 80 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

81(1)Section 126 (actions against bailiffs acting under warrants) is amended as follows.E+W

(2)In subsection (3) omit the words from “but” to the end.

(3)In subsection (4)—

(a)after “section” insert “ “bailiff” in relation to a warrant means the person to whom the warrant is directed, and ”;

(b)omit “ “bailiff””;

(c)for “a bailiff” substitute “ that person ”.

(4)After subsection (4) insert—

“(5)This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

Commencement Information

I222Sch. 13 para. 81 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

82E+WIn section 147 (interpretation) in subsection (1) omit the definition of “bailiff”.

Commencement Information

I223Sch. 13 para. 82 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Finance Act 1984 (c. 43)E+W

83E+WIn the Finance Act 1984 omit section 16 (unpaid car tax and VAT: distress).

Commencement Information

I224Sch. 13 para. 83 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Gas Act 1986 (c. 44)E+W

84E+WIn paragraph 29 of Schedule 2B to the Gas Act 1986 (gas meters and fittings not to be subject to distress) in sub-paragraph (1)(a) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Commencement Information

I225Sch. 13 para. 84 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Insolvency Act 1986 (c. 45)E+W

85E+WIn section [F130436(1)] of the Insolvency Act 1986 (expressions used generally) insert in the appropriate place—

““distress” includes use of the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and references to levying distress, seizing goods and related expressions shall be construed accordingly;”.

Textual Amendments

Commencement Information

I226Sch. 13 para. 85 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Dartford-Thurrock Crossing Act 1988 (c. 20)E+W

86(1)Section 15 of the Dartford-Thurrock Crossing Act 1988 (termination: supplementary provisions) is amended as follows.E+W

(2)In subsection (2)—

(a)after “distress” in the first place insert “ or any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”;

(b)after “levied” insert “ or that power was exercised ”.

(3)In subsection (3) after “levied” insert “ or the power there mentioned was exercisable ”.

Commencement Information

I227Sch. 13 para. 86 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Local Government Finance Act 1988 (c. 41)E+W

87E+WThe Local Government Finance Act 1988 is amended as follows.

Commencement Information

I228Sch. 13 para. 87 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

88E+WAfter section 62 insert—

“62ARecovery by taking control of goods

Where a liability order has been made against a person under regulations under Schedule 9, the billing authority may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.”

Commencement Information

I229Sch. 13 para. 88 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

89(1)Schedule 9 (non-domestic rating: administration) is amended as follows.E+W

(2)In paragraph 1 for “recovery” substitute “ the recovery, otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.

(3)In paragraph 3—

(a)omit sub-paragraph (2)(b);

(b)in sub-paragraph (4)(b), after “method” in the second place insert “ provided for in section 62A above or ”.

Commencement Information

I230Sch. 13 para. 89 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Electricity Act 1989 (c. 29)E+W

90E+WIn paragraph 11 of Schedule 6 to the Electricity Act 1989 (electrical plant etc not to be liable to be taken in execution), in sub-paragraph (2)(b) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Commencement Information

I231Sch. 13 para. 90 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Companies Act 1989 (c. 40)E+W

91E+WIn section 180 of the Companies Act 1989 (proceedings against market property by unsecured creditors) in subsection (1) after “levied,” insert “ and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

Commencement Information

I232Sch. 13 para. 91 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

New Roads and Street Works Act 1991 (c. 22)E+W

92(1)Paragraph 3 of Schedule 1 to the New Roads and Street Works Act 1991 (recovery of property taken in distress etc.) is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)after “distress” in the first place insert “ or under any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”;

(b)after “levied” insert “ or that power was exercised ”.

(3)In sub-paragraph (2)—

(a)For “This” substitute “ Sub-paragraph (1) ”;

(b)after “levied” insert “ or the power mentioned there was exercisable ”.

Commencement Information

I233Sch. 13 para. 92 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Child Support Act 1991 (c. 48)E+W

93E+WThe Child Support Act 1991 is amended as follows.

Commencement Information

I234Sch. 13 para. 93 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

94(1)Section 35 (enforcement of liability orders by distress) is amended as follows.E+W

(2)In the heading for “distress” substitute “ taking control of goods ”.

(3)In subsection (1) for the words from “levy” to the end substitute “ use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid. ”

(4)Omit subsections (2) to (8).

Commencement Information

I235Sch. 13 para. 94 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

95E+WIn section 39A (commitment to prison and disqualification from driving), in subsection (1)(a), for “levy an amount by distress under this Act” substitute “ recover an amount by virtue of section 35(1) ”.

Commencement Information

I236Sch. 13 para. 95 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

96E+WIn section 40 (commitment to prison) for subsection (4)(a)(i) substitute—

“(i)the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and”.

Commencement Information

I237Sch. 13 para. 96 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

97E+WIn section 40B (disqualification from driving: further provision) for subsection (3)(a) substitute—

“(a)the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and”.

Commencement Information

I238Sch. 13 para. 97 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Water Industry Act 1991 (c. 56)E+W

98E+WIn section 179 of the Water Industry Act 1991 (vesting of works in undertaker), in subsection (4)(b) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Commencement Information

I239Sch. 13 para. 98 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Water Resources Act 1991 (c. 57)E+W

99E+WIn Schedule 15 to the Water Resources Act 1991 (supplemental provisions with respect to drainage charges), in paragraph 12(2)(b) for “warrant of distress” substitute “ warrant of control ”.

Commencement Information

I240Sch. 13 para. 99 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Land Drainage Act 1991 (c. 59)E+W

100E+WIn section 54 of the Land Drainage Act 1991 (powers for enforcing payment of drainage rates), in subsection (2)(b) for “warrant of distress” substitute “ warrant of control ”.

Commencement Information

I241Sch. 13 para. 100 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Social Security Administration Act 1992 (c. 5)E+W

101E+WThe Social Security Administration Act 1992 is amended as follows.

Commencement Information

I242Sch. 13 para. 101 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

102E+WIn section 71 (overpayments: general), in subsection (10)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I243Sch. 13 para. 102 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

103E+WIn section 75 (overpayments of housing benefit), in subsection (7)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I244Sch. 13 para. 103 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

104(1)Section 121A (recovery of contributions etc in England and Wales) is amended as follows.E+W

F131(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Omit subsections (2) to (8) and (10).

Textual Amendments

Commencement Information

I245Sch. 13 para. 104 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Local Government Finance Act 1992 (c. 14)E+W

105E+WThe Local Government Finance Act 1992 is amended as follows.

Commencement Information

I246Sch. 13 para. 105 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

106E+WIn section 14 (administration, penalties and enforcement), after subsection (3) insert—

“(4)Where a liability order has been made against a person under regulations under Schedule 4, the billing authority concerned may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.”

Commencement Information

I247Sch. 13 para. 106 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

107(1)Schedule 4 (enforcement: England and Wales) is amended as follows.E+W

(2)In paragraph 1(1) and (2) after “recovery” insert “ , otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.

(3)In paragraph 5 (attachment of earnings etc)—

(a)in sub-paragraph (1A)(a) for “; and” substitute “ (unless paragraph (b) applies); ”;

(b)in sub-paragraph (1A)(b) for sub-paragraph (i) and the words before it substitute—

“(b)where a person authorised to act under the power conferred by section 14(4) (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding—

(i)the amount outstanding at the time when the attachment of earnings order is made, and”;

(c)at the end insert—

“(9)In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

(4)Omit paragraph 7 (distress).

(5)In paragraph 8 (commitment to prison)—

(a)in sub-paragraph (1)(a)—

(i)omit the words from “an authority” to “paragraph 7 above”;

(ii)for the words from “the person” to “levy the amount” substitute “ there are insufficient goods to satisfy an amount under section 14(4) ”;

(b)after sub-paragraph (1) insert—

“(1A)In sub-paragraph (1) the reference to insufficient goods to satisfy an amount under section 14(4) is a reference to circumstances where a person authorised to act under the power conferred by section 14(4) (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding.”;

(c)for sub-paragraph (2)(a) substitute—

“(a)the amount outstanding at the time when the warrant of commitment is issued; and”;

(d)at the end insert—

“(4)In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

(6)In paragraph 12 (relationship between remedies) in sub-paragraph (1)—

(a)omit paragraph (c);

(b)in paragraph (d), for “distress” substitute “ the power conferred by section 14(4) ”;

(c)in paragraph (e), for “distress” substitute “ exercise of the power conferred by section 14(4) ”;

(d)in paragraph (f), for “distress” substitute “ exercise of the power conferred by section 14(4) ”.

(7)Omit paragraph 19 (3).

Commencement Information

I248Sch. 13 para. 107 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W

108E+WSchedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) is amended as follows.

Commencement Information

I249Sch. 13 para. 108 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

109(1)Paragraph 19E is amended as follows.E+W

(2)In sub-paragraph (5) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3)In sub-paragraph (6) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (5), the power conferred by the warrant is exercisable ”.

Commencement Information

I250Sch. 13 para. 109 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

110(1)Paragraph 28 is amended as follows.E+W

(2)In sub-paragraph (6) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3)In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable ”.

Commencement Information

I251Sch. 13 para. 110 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

111(1)Paragraph 120 is amended as follows.E+W

(2)In sub-paragraph (6) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3)In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable ”.

Commencement Information

I252Sch. 13 para. 111 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Railways Act 1993 (c. 43)E+W

112E+WIn section 27 of the Railways Act 1993 (transfer of franchise assets and shares), in subsection (6) after “levied” insert “ and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 may be exercised ”.

Commencement Information

I253Sch. 13 para. 112 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Finance Act 1994 (c. 9)E+W

113(1)The Finance Act 1994 is amended as follows.E+W

Commencement Information

I254Sch. 13 para. 113 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

F132114E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I255Sch. 13 para. 114 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

115E+WIn section 11 (breaches of walking possession agreements), for subsection (5) substitute—

“(5)This section extends only to Northern Ireland.”

Commencement Information

I256Sch. 13 para. 115 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

116(1)Schedule 7 (insurance premium tax) is amended as follows.E+W

F133(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph 19, for sub-paragraph (5) substitute—

“(5)This paragraph extends only to Northern Ireland.”

Textual Amendments

Commencement Information

I257Sch. 13 para. 116 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Value Added Tax Act 1994 (c. 23)E+W

117E+WThe Value Added Tax Act 1994 is amended as follows.

Commencement Information

I258Sch. 13 para. 117 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

118E+WIn section 48 (VAT representatives), in subsection (7A) after “enforcement” insert “ by taking control of goods or, in Northern Ireland, ”.

Commencement Information

I259Sch. 13 para. 118 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

F134119E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I260Sch. 13 para. 119 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

120E+WIn section 68 (breach of walking possession agreements) for subsection (5) substitute—

“(5)This section extends only to Northern Ireland.”

Commencement Information

I261Sch. 13 para. 120 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Pensions Act 1995 (c. 26)E+W

121E+WIn section 10 of the Pensions Act 1995 (civil penalties), in subsection (8A)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I262Sch. 13 para. 121 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Finance Act 1996 (c. 8)E+W

122E+WSchedule 5 to the Finance Act 1996 (landfill tax) is amended as follows.

Commencement Information

I263Sch. 13 para. 122 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

F135123E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I264Sch. 13 para. 123 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

124E+WIn paragraph 24, for sub-paragraph (4) substitute—

“(4)This paragraph extends only to Northern Ireland.”

Commencement Information

I265Sch. 13 para. 124 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Employment Tribunals Act 1996 (c. 17)E+W

125E+WIn section 15 of the Employment Tribunals Act 1996 (enforcement), in subsection (1) for [F136the words from “by execution”, to “court” in the first place after “by execution”,] substitute “ under section 85 of the County Courts Act 1984 ”.

Textual Amendments

Commencement Information

I266Sch. 13 para. 125 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Finance Act 1997 (c. 16)E+W

126(1)Section 51 of the Finance Act 1997 (enforcement by distress) is amended as follows.E+W

F137(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (1) after “by regulations” insert “ not having effect in England and Wales or Scotland ”.

(4)Omit subsection (7).

Textual Amendments

Commencement Information

I267Sch. 13 para. 126 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Social Security (Recovery of Benefits) Act 1997 (c. 27)E+W

127E+WIn section 7 of the Social Security (Recovery of Benefits) Act 1997 (recovery of payments due under section 6), in subsection (4) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I268Sch. 13 para. 127 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

National Minimum Wage Act 1998 (c. 39)E+W

128E+WF138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Sch. 13 para. 128 repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 20, 22, Sch. Pt. 2; S.I. 2009/603, {art. (2)} (subject to art. 3)

Commencement Information

I269Sch. 13 para. 128 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Road Traffic (NHS Charges) Act 1999 (c. 3)E+W

129E+WIn section 5 of the Road Traffic (NHS Charges) Act 1999 (recovery of NHS charges), in subsection (4) (so far as it continues to have effect) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I270Sch. 13 para. 129 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Greater London Authority Act 1999 (c. 29)E+W

130E+WIn section 216 of the Greater London Authority Act 1999 (protection of key system assets), in subsection (4) after “levied” insert “ and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised ”.

Commencement Information

I271Sch. 13 para. 130 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

131E+WThe Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

Commencement Information

I272Sch. 13 para. 131 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

132(1)Section 78 (limit on magistrates' courts' power to impose imprisonment etc.) is (until its repeal by the Criminal Justice Act 2003 (c. 44) comes into force) amended as follows.E+W

(2)In subsection (4) for “distress” substitute “ goods ”.

(3)After subsection (4) insert—

“(4A)In subsection (4) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”

Commencement Information

I273Sch. 13 para. 132 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

133(1)Section 163 (general definition) is amended as follows.E+W

(2)The existing words become subsection (1).

(3)After that subsection insert—

“(2)In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”

Commencement Information

I274Sch. 13 para. 133 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Financial Services and Markets Act 2000 (c. 8)E+W

134E+WIn Schedule 17 to the Financial Services and Markets Act 2000 (the ombudsman scheme), in [F139paragraphs 16(a) and 16D(a)] for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Textual Amendments

Commencement Information

I275Sch. 13 para. 134 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Finance Act 2000 (c. 17)E+W

135E+WSchedule 6 to the Finance Act 2000 (climate change levy) is amended as follows.

Commencement Information

I276Sch. 13 para. 135 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

F140136E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I277Sch. 13 para. 136 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

137E+WIn paragraph 90 for sub-paragraph (5) substitute—

“(5)This paragraph extends only to Northern Ireland.”

Commencement Information

I278Sch. 13 para. 137 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Postal Services Act 2000 (c. 26)E+W

138E+WIn section 104 of the Postal Services Act 2000 (inviolability of mails), in subsection (2) after paragraph (b) insert—

“(ba)in England and Wales, being taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,”.

Commencement Information

I279Sch. 13 para. 138 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Finance Act 2001 (c. 9)E+W

139E+WSchedule 5 to the Finance Act 2001 (aggregates levy: recovery and interest) is amended as follows.

Commencement Information

I280Sch. 13 para. 139 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

F141140E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I281Sch. 13 para. 140 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

141E+WIn paragraph 15 for sub-paragraph (5) substitute—

“(5)This paragraph extends only to Northern Ireland.”

Commencement Information

I282Sch. 13 para. 141 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Proceeds of Crime Act 2002 (c. 29)E+W

142E+WThe Proceeds of Crime Act 2002 is amended as follows.

Commencement Information

I283Sch. 13 para. 142 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

143E+WIn section 58 (restraint orders: restrictions), in subsection (2) after “levied” insert “ , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

Commencement Information

I284Sch. 13 para. 143 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

144E+WIn section 59 (enforcement receivers: restrictions), in subsection (2) after “levied” insert “ , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

Commencement Information

I285Sch. 13 para. 144 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

145E+WF142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I286Sch. 13 para. 145 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

146E+WIn section 253 (interim receiving orders: restriction on proceedings and remedies) in subsection (1)(b) after “levied” insert “ , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

Commencement Information

I287Sch. 13 para. 146 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Finance Act 2003 (c. 14)E+W

147(1)Schedule 12 to the Finance Act 2003 (stamp duty land tax: collection and recovery of tax) is amended as follows.E+W

F143(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph 2(1) omit “England and Wales or”.

Textual Amendments

Commencement Information

I288Sch. 13 para. 147 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Courts Act 2003 (c. 39)E+W

148E+WThe Courts Act 2003 is amended as follows.

Commencement Information

I289Sch. 13 para. 148 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

149E+WIn Part 9 of Schedule 5 (operation of collection orders after increase imposed), in paragraph 38(1)(a), for “warrant of distress” substitute “ warrant of control ”.

Commencement Information

I290Sch. 13 para. 149 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

150E+WIn Schedule 6 (discharge of fines by unpaid work), in paragraph 2(1)(a)(i), for “warrant of distress” substitute “ warrant of control ”.

Commencement Information

I291Sch. 13 para. 150 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

151(1)Schedule 7 (High Court writs of execution) is amended as follows.E+W

(2)In paragraph 4, after sub-paragraph (1) insert—

“(1A)But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.”

(3)For paragraph 6 substitute—

“6(1)Paragraph 7 applies to any writ of execution against goods which is issued from the High Court.

(2)Paragraphs 8 to 11—

(a)do not apply to any writ that confers power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, but

(b)apply to any other writ of execution against goods which is issued from the High Court.”

(4)Omit paragraph 8(5).

Commencement Information

I292Sch. 13 para. 151 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)E+W

152E+WIn section 155 of the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges), in subsection (7) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Commencement Information

I293Sch. 13 para. 152 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Criminal Justice Act 2003 (c. 44)E+W

153E+WThe Criminal Justice Act 2003 is amended as follows.

Commencement Information

I294Sch. 13 para. 153 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

154(1)Section 154 (general limit on magistrates' power to impose imprisonment) is amended as follows.E+W

(2)In subsections (4) and (6) for “distress” substitute “ goods ”.

(3)After subsection (7) insert—

“(8)In this section references to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4) of the Magistrates' Courts Act 1980.”

Commencement Information

I295Sch. 13 para. 154 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

155E+WIn section 305 (interpretation of Part 12) after subsection (1) insert—

“(1A)[F144In this Part any reference] to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).”

Textual Amendments

Commencement Information

I296Sch. 13 para. 155 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Traffic Management Act 2004 (c. 18)E+W

156E+WIn the Traffic Management Act 2004 omit—

(a)section 82(3)(a);

(b)section 83.

Commencement Information

I297Sch. 13 para. 156 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Income Tax Act 2007 (c. 3)E+W

157E+WIn section 955(4) of the Income Tax Act 2007 (proceedings before set-off claim is made) after “attachment” insert “ or under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”.

Commencement Information

I298Sch. 13 para. 157 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Section 86

SCHEDULE 14E+WRent arrears recovery: amendments

Distress for Rent Act 1689 (c. 5)E+W

1E+WThe Distress for Rent Act 1689 ceases to have effect.

Commencement Information

I299Sch. 14 para. 1 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Landlord and Tenant Act 1709 (c. 18)E+W

2E+WIn the Landlord and Tenant Act 1709 omit the following—

(a)section 1;

(b)sections 6 to 8.

Commencement Information

I300Sch. 14 para. 2 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Landlord and Tenant Act 1730 (c. 28)E+W

3E+WIn the Landlord and Tenant Act 1730 omit section 5.

Commencement Information

I301Sch. 14 para. 3 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Distress for Rent Act 1737 (c. 19)E+W

4E+WIn the Distress for Rent Act 1737 the following cease to have effect—

(a)sections 1 to 10;

(b)sections 16 and 17;

(c)section 19.

Commencement Information

I302Sch. 14 para. 4 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Deserted Tenements Act 1817 (c. 52)E+W

5E+WThe Deserted Tenements Act 1817 ceases to have effect.

Commencement Information

I303Sch. 14 para. 5 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Fines and Recoveries Act 1833 (c. 74)E+W

6(1)In section 67 of the Fines and Recoveries Act 1833 (assignees to recover rent of the lands of a bankrupt), for the words from “or may distrain” to “recovering of rent in arrear;” substitute “ or, so far as the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover any of those rents and profits, may exercise that power, as if they were the landlord, on behalf of the creditors; ”.E+W

(2)This paragraph does not extend to Northern Ireland.

Commencement Information

I304Sch. 14 para. 6 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Metropolitan Police Courts Act 1840 (c. 84)E+W

7E+WThe Metropolitan Police Courts Act 1840 ceases to have effect.

Commencement Information

I305Sch. 14 para. 7 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Execution Act 1844 (c. 96)E+W

8E+WThe Execution Act 1844 ceases to have effect.

Commencement Information

I306Sch. 14 para. 8 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Lands Clauses Consolidation Act 1845 (c. 18)E+W

9(1)In section 11 of the Lands Clauses Consolidation Act 1845 (payment of rents to be charged on tolls) omit the words from “or it shall be lawful” to the end.E+W

(2)This paragraph extends only to England and Wales.

Commencement Information

I307Sch. 14 para. 9 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Inclosure Act 1845 (c. 118)E+W

10E+WIn section 112 of the Inclosure Act 1845 (recovery of rents of allotment) for “by distress” substitute “ under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) ”.

Commencement Information

I308Sch. 14 para. 10 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Markets and Fairs Clauses Act 1847 (c. 14)E+W

11(1)Section 38 of the Markets and Fairs Clauses Act 1847 (recovery of stallage, rents or tolls) is amended as follows.E+W

(2)The existing words become subsection (1).

(3)After “England” insert “ (subject to subsection (2)) ”.

(4)After subsection (1) insert—

“(2)Subsection (1) does not apply to the levying of rent in respect of premises in England and Wales to the extent that the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover such rent.

(3)Where that power is exercisable to recover such rent, either the undertakers or their lessee, if not the landlord for the purposes of section 72(1) of that Act, may exercise that power as if they or he were the landlord.”

(5)This paragraph extends only to England and Wales.

Commencement Information

I309Sch. 14 para. 11 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Sequestration Act 1849 (c. 67)E+W

12(1)Section 1 of the Sequestration Act 1849 (sequestrator enabled to sue etc. in his own name) is amended as follows.E+W

(2)For “levy any distress” substitute “ exercise the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) ”.

(3)Omit the words “levy” and “distress” in the second place where each occurs.

(4)Omit “levied”.

Commencement Information

I310Sch. 14 para. 12 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Landlord and Tenant Act 1851 (c. 25)E+W

13(1)The Landlord and Tenant Act 1851 ceases to have effect.E+W

(2)This paragraph extends only to England and Wales.

Commencement Information

I311Sch. 14 para. 13 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Common Law Procedure Act 1852 (c. 76)E+W

14E+WThe Common Law Procedure Act 1852 is amended as follows.

Commencement Information

I312Sch. 14 para. 14 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

15E+WIn section 210 (proceedings in ejectment by landlord for non-payment of rent), for “and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due” substitute “ and that either of the conditions in section 210A was met in relation to the arrears ”.

Commencement Information

I313Sch. 14 para. 15 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

16E+WAfter that section insert—

“210AConditions relating to commercial rent arrears recovery

(1)The first condition is that the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) was not exercisable to recover the arrears.

(2)The second condition is that there were not sufficient goods on the premises to recover the arrears by that power.”

Commencement Information

I314Sch. 14 para. 16 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Improvement of Land Act 1864 (c. 114)E+W

17(1)In section 64 of the Improvement of Land Act 1864 (interest on arrears of rentcharges), for the words from “a sufficient distress” to “charges of such distress” substitute “ goods that would be sufficient to pay the amount outstanding under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”.E+W

(2)This paragraph extends only to England and Wales.

Commencement Information

I315Sch. 14 para. 17 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Railway Rolling Stock Protection Act 1872 (c. 50)E+W

18(1)The Railway Rolling Stock Protection Act 1872 ceases to have effect.E+W

(2)This paragraph extends only to England and Wales.

Commencement Information

I316Sch. 14 para. 18 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Law of Distress Amendment Act 1888 (c. 21)E+W

19E+WThe Law of Distress Amendment Act 1888 ceases to have effect.

Commencement Information

I317Sch. 14 para. 19 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Law of Distress Amendment Act 1908 (c. 53)E+W

20E+WThe Law of Distress Amendment Act 1908 ceases to have effect.

Commencement Information

I318Sch. 14 para. 20 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Law of Property Act 1925 (c. 20)E+W

21E+WThe Law of Property Act 1925 is amended as follows.

Commencement Information

I319Sch. 14 para. 21 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

22E+WIn section 109 (powers etc. of receiver appointed by mortgagee), in subsection (3), for “, distress” substitute “ or under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) ”.

Commencement Information

I320Sch. 14 para. 22 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

23E+WSection 121(2) ceases to have effect.

Commencement Information

I321Sch. 14 para. 23 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

24E+WIn section 150 (surrender of a lease, without prejudice to underleases with a view to the grant of a new lease), in subsection (5), for “by distress or” substitute “ under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) or by ”.

Commencement Information

I322Sch. 14 para. 24 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

25E+WIn section 162 (restrictions on the perpetuity rule) in subsection (1) omit paragraph (a).

Commencement Information

I323Sch. 14 para. 25 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

26E+WIn section 189 (indemnities against rents) omit subsection (1).

Commencement Information

I324Sch. 14 para. 26 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

27(1)Section 190 (equitable apportionment of rents and remedies for non-payment or breach of covenant) is amended as follows.E+W

(2)Omit subsection (2).

(3)For subsections (4) and (5) substitute—

“(4)Subsection (5) applies where—

(a)any default is made in payment of the whole or part of a rent by the person (“the defaulter”) who, by reason of a charge or apportionment within subsection (3), is liable to pay it, and

(b)the lessee for the time being of any other land comprised in the lease, in whom, as respects that land, the residue of the term or interest created by the lease is vested, (“the paying lessee”) pays or is required to pay the whole or part of the rent which ought to have been paid by the defaulter.

(5)Section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) applies, subject to the other provisions of Chapter 2 of Part 3 of that Act, to the recovery by the paying lessee from the defaulter of the rent paid by the paying lessee which ought to have been paid by the defaulter, as if the paying lessee were the landlord, and the defaulter his tenant, under the lease.”

(4)In subsection (7) omit “owner or”.

Commencement Information

I325Sch. 14 para. 27 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Administration of Estates Act 1925 (c. 23)E+W

28(1)Section 26 of the Administration of Estates Act 1925 (rights of action by and against personal representative) is amended as follows.E+W

(2)Omit subsection (3).

(3)For subsection (4) substitute—

“(4)To recover rent due or accruing to the deceased, a personal representative may exercise any power under section 72(1) (commercial rent arrears recovery) or 81 (right to rent from sub-tenant) of the Tribunals, Courts and Enforcement Act 2007 that would have been exercisable by the deceased if he had still been living.”

Commencement Information

I326Sch. 14 para. 28 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Leasehold Reform Act 1967 (c. 88)E+W

29E+WIn section 15 of the Leasehold Reform Act 1967 (terms of tenancy to be granted on extension), in subsection (3) for “distress, re-entry or otherwise” substitute “ re-entry or otherwise (subject to section 85 of the Tribunals, Courts and Enforcement Act 2007) ”.

Commencement Information

I327Sch. 14 para. 29 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Agriculture Act 1970 (c. 40)E+W

30E+WIn section 85 of the Agriculture Act 1970 (exemption for certain sales), in paragraph (d) after “warrant of distress” insert “ or warrant of control ”.

Commencement Information

I328Sch. 14 para. 30 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Rent (Agriculture) Act 1976 (c. 80)E+W

31E+WSection 8 of the Rent (Agriculture) Act 1976 ceases to have effect.

Commencement Information

I329Sch. 14 para. 31 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Rent Act 1977 (c. 42)E+W

32E+WThe Rent Act 1977 is amended as follows

Commencement Information

I330Sch. 14 para. 32 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

33E+WIn section 141(5) (county court jurisdiction) (until its repeal by the Courts and Legal Services Act 1990 (c. 41) comes into force) for “sections 147 and” substitute “ section ”.

Commencement Information

I331Sch. 14 para. 33 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

34E+WSection 147 ceases to have effect.

Commencement Information

I332Sch. 14 para. 34 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Limitation Act 1980 (c. 58)E+W

35E+WThe Limitation Act 1980 is amended as follows

Commencement Information

I333Sch. 14 para. 35 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

36E+WIn section 19 (time limit for actions to recover rent) for “or distress made” substitute “ and the power conferred by section 72(1) of the Tribunals, Courts and Enforcement Act 2007 shall not be exercisable ”.

Commencement Information

I334Sch. 14 para. 36 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

37E+WIn section 38 (interpretation) omit “rentcharges and” and “rent or”.

Commencement Information

I335Sch. 14 para. 37 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

County Courts Act 1984 (c. 28)E+W

38E+WThe County Courts Act 1984 is amended as follows.

Commencement Information

I336Sch. 14 para. 38 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

39E+WSection 116 ceases to have effect.

Commencement Information

I337Sch. 14 para. 39 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

40E+WIn section 139, for subsection (1)(c) substitute—

“(c)the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover the arrears; and

(d)there are not sufficient goods on the premises to recover the arrears by that power,”.

Commencement Information

I338Sch. 14 para. 40 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Agricultural Holdings Act 1986 (c. 5)E+W

41E+WThe Agricultural Holdings Act 1986 is amended as follows.

Commencement Information

I339Sch. 14 para. 41 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

42E+WOmit sections 16 to 19.

Commencement Information

I340Sch. 14 para. 42 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

43E+WIn section 24 (restriction of landlord's remedies for breach of contract of tenancy) omit “, by distress or otherwise,”.

Commencement Information

I341Sch. 14 para. 43 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Insolvency Act 1986 (c. 45)E+W

44(1)Section 347 of the Insolvency Act 1986 (distress etc.) is amended as follows.E+W

(2)In subsection (1) for the words from the beginning to “available” substitute “ CRAR (the power of commercial rent arrears recovery under section 72(1) of the Tribunals, Courts and Enforcement Act 2007) is exercisable where the tenant is an undischarged bankrupt ”.

(3)In subsection (2)—

(a)for the words from the beginning to “goods and effects of” substitute “ Where CRAR has been exercised to recover rent from ”;

(b)for “that distress” substitute “ CRAR ”;

(c)for “the distress was levied” substitute “ goods were taken control of under CRAR ”.

(4)In subsection (5) for the words from the beginning to “upon” substitute “ CRAR is not exercisable at any time after the discharge of a bankrupt against ”.

(5)Omit subsections (6) and (7).

(6)Omit subsection (11).

Commencement Information

I342Sch. 14 para. 44 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Housing Act 1988 (c. 50)E+W

45E+WOmit section 19 of the Housing Act 1988.

Commencement Information

I343Sch. 14 para. 45 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Water Industry Act 1991 (c. 56)E+W

46E+WIn section 179 of the Water Industry Act 1991 (vesting of works in undertaker) in subsection (4)(b) omit “or to the landlord's remedy for rent”.

Commencement Information

I344Sch. 14 para. 46 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)E+W

47E+WIn section 57 of the Leasehold Reform, Housing and Urban Development Act 1993 (terms on which new lease is to be granted), in subsection (2)(b)(ii) for “distress, re-entry or otherwise” substitute “ re-entry or otherwise (subject to section 85 of the Tribunals, Courts and Enforcement Act 2007) ”.

Commencement Information

I345Sch. 14 para. 47 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Constitutional Reform Act 2005 (c. 4)E+W

48E+WIn Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the Lord Chancellor), in paragraph 4, omit the entry for the Law of Distress Amendment Act 1888.

Commencement Information

I346Sch. 14 para. 48 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

Prospective

Section 91

SCHEDULE 15E+WAttachment of earnings orders: deductions at fixed rates

Part 1 E+WMain amendments

IntroductionE+W

1E+WThis Schedule amends the Attachment of Earnings Act 1971 (c. 32).

Amendment of section 6: Effect and contents of orderE+W

2(1)For section 6(1)(a) (instruction to employer to make deductions from debtor's earnings) substitute—E+W

“(a)to make periodical deductions from the debtor's earnings, as specified in the order; and”.

(2)After section 6(1) insert—

“(1A)If [F145the county court] makes an attachment of earnings order to secure payment of a judgment debt, the order must specify that periodical deductions are to be made in accordance with the fixed deductions scheme.

(1B)If a court (whether [F145the county court] or another court) makes any other attachment of earnings order, the order must specify that periodical deductions are to be made in accordance with Part 1 of Schedule 3.”

(3)In section 6(5) (order to specify normal deduction and protected earnings rates), for “the order” substitute “ a Schedule 3 deductions order ”.

Textual Amendments

F145Words in Sch. 15 para. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Insertion of new section 6AE+W

3E+WAfter section 6 insert—

“6AThe fixed deductions scheme

(1)In this Act “fixed deductions scheme” means any scheme that the Lord Chancellor makes which specifies the rates and frequencies at which deductions are to be made under attachment of earnings orders so as to secure the repayment of judgment debts.

(2)The Lord Chancellor is to make the fixed deductions scheme by regulations.

(3)The power to make regulations under subsection (2) is exercisable by statutory instrument.

(4)The Lord Chancellor may not make a statutory instrument containing the first regulations under subsection (2) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(5)A statutory instrument containing any subsequent regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.”

Amendment of section 9: Variation, lapse and discharge of ordersE+W

4E+WAfter section 9(1) (power of court to vary order) insert—

“(1A)Subsection (1) is subject to Schedule 3A (which deals with the variation of certain attachment of earnings orders by changing the basis of deductions).”

Insertion of new section 9AE+W

5E+WAfter section 9 insert—

“9ASuspension of fixed deductions orders

(1)[F146The county court] must make an order suspending a fixed deductions order if the court is satisfied of either or both of the following—

(a)that the fixed deductions order requires periodical deductions to be made at a rate which is not appropriate;

(b)that the fixed deductions order requires periodical deductions to be made at times which are not appropriate.

(2)The county court is to make the suspension order on the following terms—

(a)if the condition in subsection (1)(a) is met: on terms specifying the rate at which the debtor must make repayments (whether higher or lower than the rate at which the order requires the deductions to be made);

(b)if the condition in subsection (1)(b) is met: on terms specifying the times at which the debtor must make repayments;

(c)if either or both conditions are met: on any additional terms that the court thinks appropriate.

(3)If the employer is given notice of the suspension order, the employer must cease to make the deductions required by the fixed deductions order; but the employer is under no liability for non-compliance before seven days have elapsed since service of the notice.

(4)[F146The county court]—

(a)must revoke the suspension order if any of the terms of the suspension order are broken;

(b)may revoke the suspension order in any other circumstances if the court thinks that it is appropriate to do so.

(5)Rules of court may make provision as to the circumstances in which [F146the county court] may of its own motion—

(a)make a suspension order; or

(b)revoke a suspension order.

(6)The suspension of a fixed deductions order under this section does not prevent the order from being treated as remaining in force subject to the provisions of this section.

(7)This section is without prejudice to any other powers of a court to suspend attachment of earnings orders or to revoke the suspension of such orders.

(8)In this section, in relation to a fixed deductions order, “repayments” means repayments of the judgment debt to which the order relates.”

Textual Amendments

F146Words in Sch. 15 para. 5 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Amendment of section 25: General interpretationE+W

6E+WIn section 25(1) (meaning of particular words and phrases) insert the following entries at the appropriate place—

““fixed deductions order” means an attachment of earnings order under which periodical deductions are to be made in accordance with the fixed deductions scheme;”;

““fixed deductions scheme” has the meaning given by section 6A(1);”;

““Schedule 3 deductions order” means an attachment of earnings order under which periodical deductions are to be made in accordance with Part 1 of Schedule 3;”;

““suspension order” means an order under section 9A suspending a fixed deductions order;”.

Insertion of new Schedule 3AE+W

7E+WAfter Schedule 3 insert—

“SCHEDULE 3AE+WChanging the basis of deductions
Part 1E+WChanging to the fixed deductions scheme
IntroductionE+W

1This Part of this Schedule deals with the variation of a certain kind of attachment of earnings order — referred to as a Schedule 3 judgment debt order — by changing the basis of deductions.

2A Schedule 3 judgment debt order is a Schedule 3 deductions order made by [F147the county court] to secure payment of a judgment debt.

3References to variation of a Schedule 3 judgment debt order by changing the basis of deductions are references to the variation of the order so that it specifies that periodical deductions are to be made in accordance with the fixed deductions scheme.

Variation at discretion of courtE+W

4(1)[F147The county court] may vary a Schedule 3 judgment debt order by changing the basis of deductions.

(2)The county court may make the variation—

(a)in consequence of an application made to the court, or

(b)of its own motion.

(3)The variation takes effect on the date that it is made.

Variation by court upon redirectionE+W

5(1)[F147The county court] must vary a Schedule 3 judgment debt order by changing the basis of deductions if—

(a)the order lapses, and

(b)the county court directs the order to a person in accordance with section 9(4).

(2)The variation must be made at the same time as the county court directs the order in accordance with section 9(4).

(3)The variation takes effect on the date that it is made.

Automatic variation on changeover dateE+W

6(1)On the changeover date, all Schedule 3 judgment debt orders are to be treated as if [F147the county court] had varied them by changing the basis of deductions.

(2)The variation takes effect on the changeover date.

(3)The changeover date is the date which the Lord Chancellor specifies for the purposes of this paragraph.

(4)The Lord Chancellor is to specify the changeover date in an order made by statutory instrument.

(5)A statutory instrument containing an order under sub-paragraph (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Notice of variation still requiredE+W

7Section 9(2) (service by court of notice of variation) applies to the variation of an order under this Part of this Schedule (including variation in accordance with paragraph 6) as it applies to any other variation of an attachment of earnings order.

Part 2E+WChanging from the fixed deductions scheme
IntroductionE+W

8This Part of this Schedule deals with the variation of fixed deductions orders by changing the basis of deductions.

9References to variation of a fixed deductions order by changing the basis of deductions are references to the variation of the order so that it specifies that periodical deductions are to be made in accordance with Part 1 of Schedule 3.

General prohibition on changing from the fixed deductions basisE+W

10A court may not vary a fixed deductions order by changing the basis of deductions unless the variation is in accordance with this Part of this Schedule.

Fixed deductions order directed to secure payments under an administration orderE+W

11(1)[F147The county court] must vary a fixed deductions order by changing the basis of deductions if, under section 5, the county court directs the order to take effect as an order to secure payments required by an administration order.

(2)The variation must be made at the same time as the county court gives that direction under section 5.

(3)The variation takes effect on the date that it is made.

(4)Section 9(2) (service by court of notice of variation) applies to the variation of an order under this paragraph as it applies to any other variation of an attachment of earnings order.”

Textual Amendments

F147Words in Sch. 15 para. 7 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 2 E+WConsequential amendments

Amendment of section 5: Securing payments under administration orderE+W

8E+WIn section 5(3) (power of county court to direct existing attachment of earnings order to secure administration order), for the words in brackets substitute “ (with the variation required by paragraph 11 of Schedule 3A and such other variations, if any, as the court thinks appropriate) ”.

Amendment of section 14: Power of court to obtain informationE+W

9E+WIn section 14(1) (power of court to order debtor and employer to provide specified information), for “an attachment of earnings order” substitute “ a Schedule 3 deductions order ”.

10E+WAfter section 14(1) insert—

“(1A)Where in any proceedings [F148the county court] has power to make a fixed deductions order, the court may order the debtor to give to the court, within a specified period, a statement signed by him of—

(a)the name and address of any person by whom earnings are paid to him; and

(b)specified particulars for enabling the debtor to be identified by any employer of his.”

Textual Amendments

F148Words in Sch. 15 para. 10 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

11E+WIn section 14(2) (powers of court after attachment of earnings order has been made), for the words from “Where” to “in force—” substitute “ At any time when a Schedule 3 deductions order is in force, the court or the fines officer, as the case may be, may— ”.

12E+WAfter section 14(2) insert—

“(2A)At any time when a fixed deductions order is in force, the court may—

(a)make such an order as is described in subsection (1A) above; and

(b)order the debtor to attend before it on a day and at a time specified in the order to give the information described in subsection (1A) above.”

13E+WIn section 14(4) (rules of court about notice of application for attachment or earnings order), for the words from “give” to “the application.” substitute “ , within such period and in such manner as may be prescribed, give the court a statement in accordance with subsection (4A) or (4B). ”

14E+WAfter section 14(4) insert—

“(4A)In a case where the attachment of earnings order would, if made, be a Schedule 3 deductions order, the debtor must give a statement in writing of—

(a)the matters specified in subsection (1)(a) above, and

(b)any other prescribed matters which are, or may be, relevant under section 6 of this Act to the determination of the normal deduction rate and the protected earnings rate to be specified in any attachment of earnings order made on the application.

(4B)In a case where the attachment of earnings order would, if made, be a fixed deductions order, the debtor must give a statement in writing of the matters specified in subsection (1A) above.”

15E+WIn section 14(5) (certain statements in proceedings for making or varying etc attachment of earnings orders deemed to be evidence of facts stated), after “subsection (1)(a) or (b)” insert “ or (1A) ”.

Amendment of section 15: Obligation of debtor and employer to notify changesE+W

16(1)Section 15(1) is amended as follows.E+W

(2)In paragraph (b) (obligation to notify of court of earnings under new employment) at the beginning insert “ if the order is a Schedule 3 deductions order, ”.

(3)In paragraph (c) (obligation of employer to notify court of debtor's new employment and earnings) for “and include” insert “ and, if the order is a Schedule 3 deductions order, include ”.

Amendment of section 17: Consolidated attachment ordersE+W

17(1)Section 17(3) (rules of court made in connection with consolidated attachment orders) is amended as follows.E+W

(2)In paragraph (b) (rules relating to powers of court to which order etc transferred), after “vary” insert “ , suspend ”.

(3)In paragraph (e) (rules modifying or excluding statutory provisions), after “provisions of this Act” insert “ , the fixed deductions scheme ”.

18E+WAfter section 17(3) insert—

“(4)Section 6(1A) applies to a consolidated attachment order which [F149the county court] makes to secure the payment of two or more judgment debts even if, immediately before the order is made, one or more of those debts is secured by a Schedule 3 deductions order.”

Textual Amendments

F149Words in Sch. 15 para. 18 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Amendment of section 23: Enforcement provisionsE+W

19E+WSection 23 is amended as follows.

20E+WIn subsection (1) (failure of debtor to attend hearing)—

(a)for the words from “notice of an application” to “such an order” substitute “ relevant notice, ”;

(b)for “for any hearing of the application” substitute “ in the notice for any hearing, ”.

21E+WAfter subsection (1) insert—

“(1ZA)In subsection (1) “relevant notice” means any of the following—

(a)notice of an application to [F150the county court] to make, vary or suspend an attachment of earnings order;

(b)notice that [F150the county court] is, of its own motion, to consider making, varying or suspending an attachment of earnings order.”

Textual Amendments

F150Words in Sch. 15 para. 21 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

22E+WIn subsection (2)(c) and (f) (offences related to attachment of earnings orders)—

(a)after “section 14(1)” insert “ or (1A) ”.

(b)after “attachment of earnings order” insert “ or suspension order ”.

Prospective

Section 106

SCHEDULE 16E+WAdministration orders: consequential amendments

Attachment of Earnings Act 1971 (c. 32)E+W

1(1)Section 4 of the Attachment of Earnings Act 1971 (extension of power to make administration order) is amended as follows.E+W

(2)For subsections (2) and (2A) substitute—

“(2)The court may make an administration order in respect of the debtor's estate if, after receipt of the list referred to in subsection (1)(b) above, the court is satisfied that the conditions in sections 112B(2) to (7) of the County Courts Act 1984 (conditions to power to make administration orders) are met in relation to the debtor.”

(3)In subsection (4) for “section 112” substitute “ section 112J ”.

Magistrates' Courts Act 1980 (c. 43)E+W

2(1)Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143 of the 1980 Act) is amended as follows.E+W

(2)Insert the following entry at the appropriate place in the entries relating to the County Courts Act 1984 (c. 28)—

“Section 112N(1) (administration orders: failure to provide information)£250”

Insolvency Act 1986 (c. 45)E+W

3(1)Section 429 of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual) is amended as follows.E+W

(2)For subsections (1) and (2) substitute—

“(1)This section applies if [F151the county court] revokes an administration order made in respect of an individual (“the debtor”) on one of the relevant grounds.

(2)The court may, at the time it revokes the administration order, make an order directing that this section and section 12 of the Company Directors Disqualification Act 1986 shall apply to the debtor for such period, not exceeding one year, as may be specified in the order.

(2A)Each of the following is a relevant ground—

(a)the debtor had failed to make two payments (whether consecutive or not) required by the order;

(b)at the time the order was made—

(i)the total amount of the debtor's qualifying debts was more than the prescribed maximum for the purposes of Part 6 of the 1984 Act, but

(ii)because of information provided, or not provided, by the debtor, that amount was thought to be less than, or the same as, the prescribed maximum.”

(3)In subsection (3) for “a person” in the first place substitute “ an individual ”.

(4)In subsection (4) for “a person” substitute “ an individual ”.

(5)In subsection (5) for “person” substitute “ individual ”.

Textual Amendments

F151Words in Sch. 16 para. 3(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

4(1)Section 440 (extent: Scotland) is amended as follows.E+W

(2)In subsection (2)(c) (provisions in the third Group of Parts that do not extend to Scotland) for “section 429(1) and (2)” substitute “ section 429(1) to (2A) ”.

Company Directors Disqualification Act 1986 (c. 46)E+W

5(1)Section 12 of the Company Directors Disqualification Act 1986 (failure to pay under county court administration order) is amended as follows.E+W

(2)For the title of the section substitute “ Disabilities on revocation of administration order ”.

(3)Omit subsection (1).

(4)In subsection (2), for the words from “that section” to “429(2)(b)” substitute “ section 429 of the Insolvency Act applies by virtue of an order under subsection (2) of that section ”.

Courts and Legal Services Act 1990 (c. 41)E+W

6E+WOmit section 13 of the Courts and Legal Services Act 1990.

Charities Act 1993 (c. 10)E+W

F1527E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pensions Act 1995 (c. 26)E+W

8(1)Section 29 of the Pensions Act 1995 (persons disqualified for being trustees of a trust scheme) is amended as follows.E+W

(2)In subsection (1)(f), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order). ”

Police Act 1996 (c. 16)E+W

9(1)The Police Act 1996 is amended as follows.E+W

(2)In paragraph 11 of Schedule 2 (disqualification for being appointed as or being member of a police authority), in sub-paragraph (1)(c), for “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or ”.

(3)In paragraph 7 of Schedule 2A (disqualification for being appointed as or being member of the Metropolitan Police Authority), in sub-paragraph (1)(c), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or ”.

Housing Act 1996 (c. 52)E+W

10(1)Paragraph 4 of Schedule 1 to the Housing Act 1996 (power to remove director, trustee etc. of registered social landlord) is amended as follows.E+W

(2)In sub-paragraph (2)(c), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); ”.

Police Act 1997 (c. 50)E+W

11(1)The Police Act 1997 is amended as follows.E+W

F153(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph 3 of Schedule 2 (disqualification for being appointed as or being member of a Service Authority), in sub-paragraph (1)(c), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or ”.

Textual Amendments

Criminal Justice and Police Act 2001 (c. 16)E+W

12(1)Paragraph 3 of Schedule 3 to the Criminal Justice and Police Act 2001 (persons disqualified for being appointed as or being member of the Central Police Training and Development Authority) is amended as follows.E+W

(2)In sub-paragraph (1)(b), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or ”.

Police Reform Act 2002 (c. 30)E+W

13(1)Schedule 2 to the Police Reform Act 2002 (the Independent Police Complaints Commission) is amended as follows.E+W

(2)In paragraph 1(5) (grounds for removal of chairman), in paragraph (e)(ii), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); ”.

(3)In paragraph 2(6) (grounds for removal of ordinary members), in paragraph (e)(ii), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); ”.

Railways and Transport Safety Act 2003 (c. 20)E+W

14(1)Paragraph 7 of Schedule 4 to the Railways and Transport Safety Act 2003, (eligibility for appointment as member of British Transport Police Authority) is amended as follows.E+W

(2)In sub-paragraph (3)(c), for “section 429(2)(b)” substitute “ section 429(2) ”.

Courts Act 2003 (c. 39)E+W

15(1)Section 98 of the Courts Act 2003 (register of judgments and orders) is amended as follows.E+W

(2)In subsection (1)(c) (administration orders) for “section 112” substitute “ Part 6 ”.

Section 108(1)

SCHEDULE 17E+WPart 7A of the Insolvency Act 1986

Commencement Information

I347Sch. 17 wholly in force at 6.4.2009; Sch. 17 not in force at Royal Assent see s. 148; Sch. 17 in force for certain purposes on 24.2.2009 and on 6.4.2009 in so far as not already in force by S.I. 2009/382, art. 2(a)(b)

“Part 7A E+WDebt relief orders

PreliminaryE+W

251ADebt relief orders

(1)An individual who is unable to pay his debts may apply for an order under this Part (“a debt relief order”) to be made in respect of his qualifying debts.

(2)In this Part “qualifying debt” means (subject to subsection (3)) a debt which—

(a)is for a liquidated sum payable either immediately or at some certain future time; and

(b)is not an excluded debt.

(3)A debt is not a qualifying debt to the extent that it is secured.

(4)In this Part “excluded debt” means a debt of any description prescribed for the purposes of this subsection.

Applications for a debt relief orderE+W

251BMaking of application

(1)An application for a debt relief order must be made to the official receiver through an approved intermediary.

(2)The application must include—

(a)a list of the debts to which the debtor is subject at the date of the application, specifying the amount of each debt (including any interest, penalty or other sum that has become payable in relation to that debt on or before that date) and the creditor to whom it is owed;

(b)details of any security held in respect of any of those debts; and

(c)such other information about the debtor's affairs (including his creditors, debts and liabilities and his income and assets) as may be prescribed.

(3)The rules may make further provision as to—

(a)the form of an application for a debt relief order;

(b)the manner in which an application is to be made; and

(c)information and documents to be supplied in support of an application.

(4)For the purposes of this Part an application is not to be regarded as having been made until—

(a)the application has been submitted to the official receiver; and

(b)any fee required in connection with the application by an order under section 415 has been paid to such person as the order may specify.

251CDuty of official receiver to consider and determine application

(1)This section applies where an application for a debt relief order is made.

(2)The official receiver may stay consideration of the application until he has received answers to any queries raised with the debtor in relation to anything connected with the application.

(3)The official receiver must determine the application by—

(a)deciding whether to refuse the application;

(b)if he does not refuse it, by making a debt relief order in relation to the specified debts he is satisfied were qualifying debts of the debtor at the application date;

but he may only refuse the application if he is authorised or required to do so by any of the following provisions of this section.

(4)The official receiver may refuse the application if he considers that—

(a)the application does not meet all the requirements imposed by or under section 251B;

(b)any queries raised with the debtor have not been answered to the satisfaction of the official receiver within such time as he may specify when they are raised;

(c)the debtor has made any false representation or omission in making the application or on supplying any information or documents in support of it.

(5)The official receiver must refuse the application if he is not satisfied that—

(a)the debtor is an individual who is unable to pay his debts;

(b)at least one of the specified debts was a qualifying debt of the debtor at the application date;

(c)each of the conditions set out in Part 1 of Schedule 4ZA is met.

(6)The official receiver may refuse the application if he is not satisfied that each condition specified in Part 2 of Schedule 4ZA is met.

(7)If the official receiver refuses an application he must give reasons for his refusal to the debtor in the prescribed manner.

(8)In this section “specified debt” means a debt specified in the application.

251DPresumptions applicable to the determination of an application

(1)The following presumptions are to apply to the determination of an application for a debt relief order.

(2)The official receiver must presume that the debtor is an individual who is unable to pay his debts at the determination date if—

(a)that appears to the official receiver to be the case at the application date from the information supplied in the application and he has no reason to believe that the information supplied is incomplete or inaccurate; and

(b)he has no reason to believe that, by virtue of a change in the debtor's financial circumstances since the application date, the debtor may be able to pay his debts.

(3)The official receiver must presume that a specified debt (of the amount specified in the application and owed to the creditor so specified) is a qualifying debt at the application date if—

(a)that appears to him to be the case from the information supplied in the application; and

(b)he has no reason to believe that the information supplied is incomplete or inaccurate.

(4)The official receiver must presume that the condition specified in paragraph 1 of Schedule 4ZA is met if—

(a)that appears to him to be the case from the information supplied in the application;

(b)any prescribed verification checks relating to the condition have been made; and

(c)he has no reason to believe that the information supplied is incomplete or inaccurate.

(5)The official receiver must presume that any other condition specified in Part 1 or 2 of Schedule 4ZA is met if—

(a)that appears to him to have been the case as at the application date from the information supplied in the application and he has no reason to believe that the information supplied is incomplete or inaccurate;

(b)any prescribed verification checks relating to the condition have been made; and

(c)he has no reason to believe that, by virtue of a change in circumstances since the application date, the condition may no longer be met.

(6)References in this section to information supplied in the application include information supplied to the official receiver in support of the application.

(7)In this section “specified debt” means a debt specified in the application.

Making and effect of debt relief orderE+W

251EMaking of debt relief orders

(1)This section applies where the official receiver makes a debt relief order on determining an application under section 251C.

(2)The order must be made in the prescribed form.

(3)The order must include a list of the debts which the official receiver is satisfied were qualifying debts of the debtor at the application date, specifying the amount of the debt at that time and the creditor to whom it was then owed.

(4)The official receiver must—

(a)give a copy of the order to the debtor; and

(b)make an entry for the order in the register containing the prescribed information about the order or the debtor.

(5)The rules may make provision as to other steps to be taken by the official receiver or the debtor on the making of the order.

(6)Those steps may include in particular notifying each creditor to whom a qualifying debt specified in the order is owed of—

(a)the making of the order and its effect,

(b)the grounds on which a creditor may object under section 251K, and

(c)any other prescribed information.

(7)In this Part the date on which an entry relating to the making of a debt relief order is first made in the register is referred to as “the effective date”.

251FEffect of debt relief order on other debt management arrangements

(1)This section applies if—

(a)a debt relief order is made, and

(b)immediately before the order is made, other debt management arrangements are in force in respect of the debtor.

(2)The other debt management arrangements cease to be in force when the debt relief order is made.

(3)In this section “other debt management arrangements” means—

(a)an administration order under Part 6 of the County Courts Act 1984;

(b)an enforcement restriction order under Part 6A of that Act;

(c)a debt repayment plan arranged in accordance with a debt management scheme that is approved under Chapter 4 of Part 5 of the Tribunals, Courts and Enforcement Act 2007.

251GMoratorium from qualifying debts

(1)A moratorium commences on the effective date for a debt relief order in relation to each qualifying debt specified in the order (“a specified qualifying debt”).

(2)During the moratorium, the creditor to whom a specified qualifying debt is owed—

(a)has no remedy in respect of the debt, and

(b)may not—

(i)commence a creditor's petition in respect of the debt, or

(ii)otherwise commence any action or other legal proceedings against the debtor for the debt,

except with the permission of the court and on such terms as the court may impose.

(3)If on the effective date a creditor to whom a specified qualifying debt is owed has any such petition, action or other proceeding as mentioned in subsection (2)(b) pending in any court, the court may—

(a)stay the proceedings on the petition, action or other proceedings (as the case may be), or

(b)allow them to continue on such terms as the court thinks fit.

(4)In subsection (2)(a) and (b) references to the debt include a reference to any interest, penalty or other sum that becomes payable in relation to that debt after the application date.

(5)Nothing in this section affects the right of a secured creditor of the debtor to enforce his security.

251HThe moratorium period

(1)The moratorium relating to the qualifying debts specified in a debt relief order continues for the period of one year beginning with the effective date for the order, unless—

(a)the moratorium terminates early; or

(b)the moratorium period is extended by the official receiver under this section or by the court under section 251M.

(2)The official receiver may only extend the moratorium period for the purpose of—

(a)carrying out or completing an investigation under section 251K;

(b)taking any action he considers necessary (whether as a result of an investigation or otherwise) in relation to the order; or

(c)in a case where he has decided to revoke the order, providing the debtor with the opportunity to make arrangements for making payments towards his debts.

(3)The official receiver may not extend the moratorium period for the purpose mentioned in subsection (2)(a) without the permission of the court.

(4)The official receiver may not extend the moratorium period beyond the end of the period of three months beginning after the end of the initial period of one year mentioned in subsection (1).

(5)The moratorium period may be extended more than once, but any extension (whether by the official receiver or by the court) must be made before the moratorium would otherwise end.

(6)References in this Part to a moratorium terminating early are to its terminating before the end of what would otherwise be the moratorium period, whether on the revocation of the order or by virtue of any other enactment.

251IDischarge from qualifying debts

(1)Subject as follows, at the end of the moratorium applicable to a debt relief order the debtor is discharged from all the qualifying debts specified in the order (including all interest, penalties and other sums which may have become payable in relation to those debts since the application date).

(2)Subsection (1) does not apply if the moratorium terminates early.

(3)Subsection (1) does not apply in relation to any qualifying debt which the debtor incurred in respect of any fraud or fraudulent breach of trust to which the debtor was a party.

(4)The discharge of the debtor under subsection (1) does not release any other person from—

(a)any liability (whether as partner or co-trustee of the debtor or otherwise) from which the debtor is released by the discharge; or

(b)any liability as surety for the debtor or as a person in the nature of such a surety.

(5)If the order is revoked by the court under section 251M after the end of the moratorium period, the qualifying debts specified in the order shall (so far as practicable) be treated as though subsection (1) had never applied to them.

Duties of debtorE+W

251JProviding assistance to official receiver etc

(1)The duties in this section apply to a debtor at any time after the making of an application by him for a debt relief order.

(2)The debtor must—

(a)give to the official receiver such information as to his affairs,

(b)attend on the official receiver at such times, and

(c)do all such other things,

as the official receiver may reasonably require for the purpose of carrying out his functions in relation to the application or, as the case may be, the debt relief order made as a result of the application.

(3)The debtor must notify the official receiver as soon as reasonably practicable if he becomes aware of—

(a)any error in, or omission from, the information supplied to the official receiver in, or in support of, the application;

(b)any change in his circumstances between the application date and the determination date that would affect (or would have affected) the determination of the application.

(4)The duties under subsections (2) and (3) apply after (as well as before) the determination of the application, for as long as the official receiver is able to exercise functions of the kind mentioned in subsection (2).

(5)If a debt relief order is made as a result of the application, the debtor must notify the official receiver as soon as reasonably practicable if—

(a)there is an increase in his income during the moratorium period applicable to the order;

(b)he acquires any property or any property is devolved upon him during that period;

(c)he becomes aware of any error in or omission from any information supplied by him to the official receiver after the determination date.

(6)A notification under subsection (3) or (5) must give the prescribed particulars (if any) of the matter being notified.

Objections, investigations and revocationE+W

251KObjections and investigations

(1)Any person specified in a debt relief order as a creditor to whom a specified qualifying debt is owed may object to—

(a)the making of the order;

(b)the inclusion of the debt in the list of the debtor's qualifying debts; or

(c)the details of the debt specified in the order.

(2)An objection under subsection (1) must be—

(a)made during the moratorium period relating to the order and within the prescribed period for objections;

(b)made to the official receiver in the prescribed manner;

(c)based on a prescribed ground;

(d)supported by any information and documents as may be prescribed;

and the prescribed period mentioned in paragraph (a) must not be less than 28 days after the creditor in question has been notified of the making of the order.

(3)The official receiver must consider every objection made to him under this section.

(4)The official receiver may—

(a)as part of his consideration of an objection, or

(b)on his own initiative,

carry out an investigation of any matter that appears to the official receiver to be relevant to the making of any decision mentioned in subsection (5) in relation to a debt relief order or the debtor.

(5)The decisions to which an investigation may be directed are—

(a)whether the order should be revoked or amended under section 251L;

(b)whether an application should be made to the court under section 251M; or

(c)whether any other steps should be taken in relation to the debtor.

(6)The power to carry out an investigation under this section is exercisable after (as well as during) the moratorium relating to the order.

(7)The official receiver may require any person to give him such information and assistance as he may reasonably require in connection with an investigation under this section.

(8)Subject to anything prescribed in the rules as to the procedure to be followed in carrying out an investigation under this section, an investigation may be carried out by the official receiver in such manner as he thinks fit.

251LPower of official receiver to revoke or amend a debt relief order

(1)The official receiver may revoke or amend a debt relief order during the applicable moratorium period in the circumstances provided for by this section.

(2)The official receiver may revoke the order on the ground that—

(a)any information supplied to him by the debtor—

(i)in, or in support of, the application, or

(ii)after the determination date,

was incomplete, incorrect or otherwise misleading;

(b)the debtor has failed to comply with a duty under section 251J;

(c)a bankruptcy order has been made in relation to the debtor; or

(d)the debtor has made a proposal under Part 8 (or has notified the official receiver of his intention to do so).

(3)The official receiver may revoke the order on the ground that he should not have been satisfied—

(a)that the debts specified in the order were qualifying debts of the debtor as at the application date;

(b)that the conditions specified in Part 1 of Schedule 4ZA were met;

(c)that the conditions specified in Part 2 of that Schedule were met or that any failure to meet such a condition did not prevent his making the order.

(4)The official receiver may revoke the order on the ground that either or both of the conditions in paragraphs 7 and 8 of Schedule 4ZA (monthly surplus income and property) are not met at any time after the order was made.

For this purpose those paragraphs are to be read as if references to the determination date were references to the time in question.

(5)Where the official receiver decides to revoke the order, he may revoke it either—

(a)with immediate effect, or

(b)with effect from such date (not more than three months after the date of the decision) as he may specify.

(6)In considering when the revocation should take effect the official receiver must consider (in the light of the grounds on which the decision to revoke was made and all the other circumstances of the case) whether the debtor ought to be given the opportunity to make arrangements for making payments towards his debts.

(7)If the order has been revoked with effect from a specified date the official receiver may, if he thinks it appropriate to do so at any time before that date, revoke the order with immediate effect.

(8)The official receiver may amend a debt relief order for the purpose of correcting an error in or omission from anything specified in the order.

(9)But subsection (8) does not permit the official receiver to add any debts that were not specified in the application for the debt relief order to the list of qualifying debts.

(10)The rules may make further provision as to the procedure to be followed by the official receiver in the exercise of his powers under this section.

Role of the courtE+W

251MPowers of court in relation to debt relief orders

(1)Any person may make an application to the court if he is dissatisfied by any act, omission or decision of the official receiver in connection with a debt relief order or an application for such an order.

(2)The official receiver may make an application to the court for directions or an order in relation to any matter arising in connection with a debt relief order or an application for such an order.

(3)The matters referred to in subsection (2) include, among other things, matters relating to the debtor's compliance with any duty arising under section 251J.

(4)An application under this section may, subject to anything in the rules, be made at any time.

(5)The court may extend the moratorium period applicable to a debt relief order for the purposes of determining an application under this section.

(6)On an application under this section the court may dismiss the application or do one or more of the following—

(a)quash the whole or part of any act or decision of the official receiver;

(b)give the official receiver directions (including a direction that he reconsider any matter in relation to which his act or decision has been quashed under paragraph (a));

(c)make an order for the enforcement of any obligation on the debtor arising by virtue of a duty under section 251J;

(d)extend the moratorium period applicable to the debt relief order;

(e)make an order revoking or amending the debt relief order;

(f)make an order under section 251N; or

(g)make such other order as the court thinks fit.

(7)An order under subsection (6)(e) for the revocation of a debt relief order—

(a)may be made during the moratorium period applicable to the debt relief order or at any time after that period has ended;

(b)may be made on the court's own motion if the court has made a bankruptcy order in relation to the debtor during that period;

(c)may provide for the revocation of the order to take effect on such terms and at such a time as the court may specify.

(8)An order under subsection (6)(e) for the amendment of a debt relief order may not add any debts that were not specified in the application for the debt relief order to the list of qualifying debts.

251NInquiry into debtor's dealings and property

(1)An order under this section may be made by the court on the application of the official receiver.

(2)An order under this section is an order summoning any of the following persons to appear before the court—

(a)the debtor;

(b)the debtor's spouse or former spouse or the debtor's civil partner or former civil partner;

(c)any person appearing to the court to be able to give information or assistance concerning the debtor or his dealings, affairs and property.

(3)The court may require a person falling within subsection (2)(c)—

(a)to provide a written account of his dealings with the debtor; or

(b)to produce any documents in his possession or under his control relating to the debtor or to the debtor's dealings, affairs or property.

(4)Subsection (5) applies where a person fails without reasonable excuse to appear before the court when he is summoned to do so by an order under this section.

(5)The court may cause a warrant to be issued to a constable or prescribed officer of the court—

(a)for the arrest of that person, and

(b)for the seizure of any records or other documents in that person's possession.

(6)The court may authorise a person arrested under such a warrant to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until that person is brought before the court under the warrant or until such other time as the court may order.

OffencesE+W

251OFalse representations and omissions

(1)A person who makes an application for a debt relief order is guilty of an offence if he knowingly or recklessly makes any false representation or omission in making the application or providing any information or documents to the official receiver in support of the application.

(2)A person who makes an application for a debt relief order is guilty of an offence if—

(a)he intentionally fails to comply with a duty under section 251J(3) in connection with the application; or

(b)he knowingly or recklessly makes any false representation or omission in providing any information to the official receiver in connection with such a duty or otherwise in connection with the application.

(3)It is immaterial for the purposes of an offence under subsection (1) or (2) whether or not a debt relief order is made as a result of the application.

(4)A person in respect of whom a debt relief order is made is guilty of an offence if—

(a)he intentionally fails to comply with a duty under section 251J(5) in connection with the order; or

(b)he knowingly or recklessly makes any false representation or omission in providing information to the official receiver in connection with such a duty or otherwise in connection with the performance by the official receiver of functions in relation to the order.

(5)It is immaterial for the purposes of an offence under subsection (4)—

(a)whether the offence is committed during or after the moratorium period; and

(b)whether or not the order is revoked after the conduct constituting the offence takes place.

251PConcealment or falsification of documents

(1)A person in respect of whom a debt relief order is made is guilty of an offence if, during the moratorium period in relation to that order—

(a)he does not provide, at the request of the official receiver, all his books, papers and other records of which he has possession or control and which relate to his affairs;

(b)he prevents the production to the official receiver of any books, papers or other records relating to his affairs;

(c)he conceals, destroys, mutilates or falsifies, or causes or permits the concealment, destruction, mutilation or falsification of, any books, papers or other records relating his affairs;

(d)he makes, or causes or permits the making of, any false entries in any book, document or record relating to his affairs; or

(e)he disposes of, or alters or makes any omission in, or causes or permits the disposal, altering or making of any omission in, any book, document or record relating to his affairs.

(2)A person in respect of whom a debt relief order is made is guilty of an offence if—

(a)he did anything falling within paragraphs (c) to (e) of subsection (1) during the period of 12 months ending with the application date; or

(b)he did anything falling within paragraphs (b) to (e) of subsection (1) after that date but before the effective date.

(3)A person is not guilty of an offence under this section if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.

(4)In its application to a trading record subsection (2)(a) has effect as if the reference to 12 months were a reference to two years.

(5)In subsection (4) “trading record” means a book, document or record which shows or explains the transactions or financial position of a person's business, including—

(a)a periodic record of cash paid and received,

(b)a statement of periodic stock-taking, and

(c)except in the case of goods sold by way of retail trade, a record of goods sold and purchased which identifies the buyer and seller or enables them to be identified.

(6)It is immaterial for the purposes of an offence under this section whether or not the debt relief order in question is revoked after the conduct constituting the offence takes place (but no offence is committed under this section by virtue of conduct occurring after the order is revoked).

251QFraudulent disposal of property

(1)A person in respect of whom a debt relief order is made is guilty of an offence if he made or caused to be made any gift or transfer of his property during the period between—

(a)the start of the period of two years ending with the application date; and

(b)the end of the moratorium period.

(2)The reference in subsection (1) to making a transfer of any property includes causing or conniving at the levying of any execution against that property.

(3)A person is not guilty of an offence under this section if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.

(4)For the purposes of subsection (3) a person is to be taken to have proved that he had no such intent if—

(a)sufficient evidence is adduced to raise an issue as to whether he had such intent; and

(b)the contrary is not proved beyond reasonable doubt.

(5)It is immaterial for the purposes of this section whether or not the debt relief order in question is revoked after the conduct constituting an offence takes place (but no offence is committed by virtue of conduct occurring after the order is revoked).

251RFraudulent dealing with property obtained on credit

(1)A person in respect of whom a debt relief order is made is guilty of an offence if during the relevant period he disposed of any property which he had obtained on credit and, at the time he disposed of it, had not paid for it.

(2)Any other person is guilty of an offence if during the relevant period he acquired or received property from a person in respect of whom a debt relief order was made (the “debtor”) knowing or believing—

(a)that the debtor owed money in respect of the property, and

(b)that the debtor did not intend, or was unlikely to be able, to pay the money he so owed.

(3)In subsections (1) and (2) “relevant period” means the period between—

(a)the start of the period of two years ending with the application date; and

(b)the determination date.

(4)A person is not guilty of an offence under subsection (1) or (2) if the disposal, acquisition or receipt of the property was in the ordinary course of a business carried on by the debtor at the time of the disposal, acquisition or receipt.

(5)In determining for the purposes of subsection (4) whether any property is disposed of, acquired or received in the ordinary course of a business carried on by the debtor, regard may be had, in particular, to the price paid for the property.

(6)A person is not guilty of an offence under subsection (1) if he proves that, in respect of the conduct constituting the offence, he had no intent to defraud or to conceal the state of his affairs.

(7)In this section references to disposing of property include pawning or pledging it; and references to acquiring or receiving property shall be read accordingly.

(8)It is immaterial for the purposes of this section whether or not the debt relief order in question is revoked after the conduct constituting an offence takes place (but no offence is committed by virtue of conduct occurring after the order is revoked).

251SObtaining credit or engaging in business

(1)A person in respect of whom a debt relief order is made is guilty of an offence if, during the relevant period—

(a)he obtains credit (either alone or jointly with any other person) without giving the person from whom he obtains the credit the relevant information about his status; or

(b)he engages directly or indirectly in any business under a name other than that in which the order was made without disclosing to all persons with whom he enters into any business transaction the name in which the order was made.

(2)For the purposes of subsection (1)(a) the relevant information about a person's status is the information that—

(a)a moratorium is in force in relation to the debt relief order,

(b)a debt relief restrictions order is in force in respect of him, or

(c)both a moratorium and a debt relief restrictions order is in force,

as the case may be.

(3)In subsection (1) “relevant period” means—

(a)the moratorium period relating to the debt relief order, or

(b)the period for which a debt relief restrictions order is in force in respect of the person in respect of whom the debt relief order is made,

as the case may be.

(4)Subsection (1)(a) does not apply if the amount of the credit is less than the prescribed amount (if any).

(5)The reference in subsection (1)(a) to a person obtaining credit includes the following cases—

(a)where goods are bailed to him under a hire-purchase agreement, or agreed to be sold to him under a conditional sale agreement;

(b)where he is paid in advance (in money or otherwise) for the supply of goods or services.

251TOffences: supplementary

(1)Proceedings for an offence under this Part may only be instituted by the Secretary of State or by or with the consent of the Director of Public Prosecutions.

(2)It is not a defence in proceedings for an offence under this Part that anything relied on, in whole or in part, as constituting the offence was done outside England and Wales.

(3)A person guilty of an offence under this Part is liable to imprisonment or a fine, or both (but see section 430).

SupplementaryE+W

251UApproved intermediaries

(1)In this Part “approved intermediary” means an individual for the time being approved by a competent authority to act as an intermediary between a person wishing to make an application for a debt relief order and the official receiver.

(2)In this section “competent authority” means a person or body for the time being designated by the Secretary of State for the purposes of granting approvals under this section.

(3)Designation as a competent authority may be limited so as to permit the authority only to approve persons of a particular description.

(4)The Secretary of State may by regulations make provision as to—

(a)the procedure for designating persons or bodies as competent authorities;

(b)descriptions of individuals who are ineligible to be approved under this section;

(c)the procedure for granting approvals under this section;

(d)the withdrawal of designations or approvals under this section;

and provision made under paragraph (a) or (c) may include provision requiring the payment of fees.

(5)The rules may make provision about the activities to be carried out by an approved intermediary in connection with an application for a debt relief order, which may in particular include—

(a)assisting the debtor in making the application;

(b)checking that the application has been properly completed;

(c)sending the application to the official receiver.

(6)The rules may also make provision about other activities to be carried out by approved intermediaries.

(7)An approved intermediary may not charge a debtor any fee in connection with an application for a debt relief order.

(8)An approved intermediary is not liable to any person in damages for anything done or omitted to be done when acting (or purporting to act) as an approved intermediary in connection with a particular application by a debtor for a debt relief order.

(9)Subsection (8) does not apply if the act or omission was in bad faith.

(10)Regulations under subsection (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

251VDebt relief restrictions orders and undertakings

Schedule 4ZB (which makes provision about debt relief restrictions orders and debt relief restrictions undertakings) has effect.

251WRegister of debt relief orders etc

The Secretary of State must maintain a register of matters relating to—

(a)debt relief orders;

(b)debt relief restrictions orders; and

(c)debt relief restrictions undertakings.

251XInterpretation

(1)In this Part—

  • “the application date”, in relation to a debt relief order or an application for a debt relief order, means the date on which the application for the order is made to the official receiver;

  • “approved intermediary” has the meaning given in section 251U(1);

  • “debt relief order” means an order made by the official receiver under this Part;

  • “debtor” means—

    (a)

    in relation to an application for a debt relief order, the applicant; and

    (b)

    in relation to a debt relief order, the person in relation to whom the order is made;

  • “debt relief restrictions order” and “debt relief restrictions undertaking” means an order made, or an undertaking accepted, under Schedule 4ZB;

  • “the determination date”, in relation to a debt relief order or an application for a debt relief order, means the date on which the application for the order is determined by the official receiver;

  • “the effective date” has the meaning given in section 251E(7);

  • “excluded debt” is to be construed in accordance with section 251A;

  • “moratorium” and “moratorium period” are to be construed in accordance with sections 251G and 251H;

  • “qualifying debt”, in relation to a debtor, has the meaning given in section 251A(2);

  • “the register” means the register maintained under section 251W;

  • “specified qualifying debt” has the meaning given in section 251G(1).

(2)In this Part references to a creditor specified in a debt relief order as the person to whom a qualifying debt is owed by the debtor include a reference to any person to whom the right to claim the whole or any part of the debt has passed, by assignment or operation of law, after the date of the application for the order.”

Section 108(2)

SCHEDULE 18E+WSchedule 4ZA to the Insolvency Act 1986

Commencement Information

I348Sch. 18 wholly in force at 6.4.2009; Sch. 18 not in force at Royal Assent see s. 148; Sch. 18 in force for certain purposes on 24.2.2009 and on 6.4.2009 in so far as not already in force by S.I. 2009/382, art. 2(a)(b)

“SCHEDULE 4ZAE+WConditions for making a debt relief order

Part 1 E+WConditions which must be met

Connection with England and WalesE+W

1(1)The debtor—

(a)is domiciled in England and Wales on the application date; or

(b)at any time during the period of three years ending with that date—

(i)was ordinarily resident, or had a place of residence, in England and Wales; or

(ii)carried on business in England and Wales.

(2)The reference in sub-paragraph (1)(b)(ii) to the debtor carrying on business includes—

(a)the carrying on of business by a firm or partnership of which he is a member;

(b)the carrying on of business by an agent or manager for him or for such a firm or partnership.

Debtor's previous insolvency historyE+W

2The debtor is not, on the determination date—

(a)an undischarged bankrupt;

(b)subject to an interim order or voluntary arrangement under Part 8; or

(c)subject to a bankruptcy restrictions order or a debt relief restrictions order.

3A debtor's petition for the debtor's bankruptcy under Part 9—

(a)has not been presented by the debtor before the determination date;

(b)has been so presented, but proceedings on the petition have been finally disposed of before that date; or

(c)has been so presented and proceedings in relation to the petition remain before the court at that date, but the court has referred the debtor under section 274A(2) for the purposes of making an application for a debt relief order.

4A creditor's petition for the debtor's bankruptcy under Part 9—

(a)has not been presented against the debtor at any time before the determination date;

(b)has been so presented, but proceedings on the petition have been finally disposed of before that date; or

(c)has been so presented and proceedings in relation to the petition remain before the court at that date, but the person who presented the petition has consented to the making of an application for a debt relief order.

5A debt relief order has not been made in relation to the debtor in the period of six years ending with the determination date.

Limit on debtor's overall indebtednessE+W

6(1)The total amount of the debtor's debts on the determination date, other than unliquidated debts and excluded debts, does not exceed the prescribed amount.

(2)For this purpose an unliquidated debt is a debt that is not for a liquidated sum payable to a creditor either immediately or at some future certain time.

Limit on debtor's monthly surplus incomeE+W

7(1)The debtor's monthly surplus income (if any) on the determination date does not exceed the prescribed amount.

(2)For this purpose “monthly surplus income” is the amount by which a person's monthly income exceeds the amount necessary for the reasonable domestic needs of himself and his family.

(3)The rules may—

(a)make provision as to how the debtor's monthly surplus income is to be determined;

(b)provide that particular descriptions of income are to be excluded for the purposes of this paragraph.

Limit on value of debtor's propertyE+W

8(1)The total value of the debtor's property on the determination date does not exceed the prescribed amount.

(2)The rules may—

(a)make provision as to how the value of a person's property is to be determined;

(b)provide that particular descriptions of property are to be excluded for the purposes of this paragraph.

Part 2 E+WOther conditions

9(1)The debtor has not entered into a transaction with any person at an undervalue during the period between—

(a)the start of the period of two years ending with the application date; and

(b)the determination date.

(2)For this purpose a debtor enters into a transaction with a person at an undervalue if—

(a)he makes a gift to that person or he otherwise enters into a transaction with that person on terms that provide for him to receive no consideration;

(b)he enters into a transaction with that person in consideration of marriage or the formation of a civil partnership; or

(c)he enters into a transaction with that person for a consideration the value of which, in money or money's worth, is significantly less than the value, in money or money's worth, of the consideration provided by the individual.

10(1)The debtor has not given a preference to any person during the period between—

(a)the start of the period of two years ending with the application date; and

(b)the determination date.

(2)For this purpose a debtor gives a preference to a person if—

(a)that person is one of the debtor's creditors to whom a qualifying debt is owed or is a surety or guarantor for any such debt, and

(b)the debtor does anything or suffers anything to be done which (in either case) has the effect of putting that person into a position which, in the event that a debt relief order is made in relation to the debtor, will be better than the position he would have been in if that thing had not been done.”

Section 108(2)

SCHEDULE 19E+WSchedule 4ZB to the Insolvency Act 1986

Commencement Information

I349Sch. 19 wholly in force at 6.4.2009; Sch. 19 not in force at Royal Assent see s. 148; Sch. 19 in force for certain purposes on 24.2.2009 and on 6.4.2009 in so far as not already in force by S.I. 2009/382, art. 2(a)(b)

“SCHEDULE 4ZBE+WDebt relief restrictions orders and undertakings

Debt relief restrictions orderE+W

1(1)A debt relief restrictions order may be made by the court in relation to a person in respect of whom a debt relief order has been made.

(2)An order may be made only on the application of—

(a)the Secretary of State, or

(b)the official receiver acting on a direction of the Secretary of State.

Grounds for making orderE+W

2(1)The court shall grant an application for a debt relief restrictions order if it thinks it appropriate to do so having regard to the conduct of the debtor (whether before or after the making of the debt relief order).

(2)The court shall, in particular, take into account any of the following kinds of behaviour on the part of the debtor—

(a)failing to keep records which account for a loss of property by the debtor, or by a business carried on by him, where the loss occurred in the period beginning two years before the application date for the debt relief order and ending with the date of the application for the debt relief restrictions order;

(b)failing to produce records of that kind on demand by the official receiver;

(c)entering into a transaction at an undervalue in the period beginning two years before the application date for the debt relief order and ending with the date of the determination of that application;

(d)giving a preference in the period beginning two years before the application date for the debt relief order and ending with the date of the determination of that application;

(e)making an excessive pension contribution;

(f)a failure to supply goods or services that were wholly or partly paid for;

(g)trading at a time, before the date of the determination of the application for the debt relief order, when the debtor knew or ought to have known that he was himself to be unable to pay his debts;

(h)incurring, before the date of the determination of the application for the debt relief order, a debt which the debtor had no reasonable expectation of being able to pay;

(i)failing to account satisfactorily to the court or the official receiver for a loss of property or for an insufficiency of property to meet his debts;

(j)carrying on any gambling, rash and hazardous speculation or unreasonable extravagance which may have materially contributed to or increased the extent of his inability to pay his debts before the application date for the debt relief order or which took place between that date and the date of the determination of the application for the debt relief order;

(k)neglect of business affairs of a kind which may have materially contributed to or increased the extent of his inability to pay his debts;

(l)fraud or fraudulent breach of trust;

(m)failing to co-operate with the official receiver.

(3)The court shall also, in particular, consider whether the debtor was an undischarged bankrupt at some time during the period of six years ending with the date of the application for the debt relief order.

(4)For the purposes of sub-paragraph (2)—

  • “excessive pension contribution” shall be construed in accordance with section 342A;

  • “preference” shall be construed in accordance with paragraph 10(2) of Schedule 4ZA;

  • “undervalue” shall be construed in accordance with paragraph 9(2) of that Schedule.

Timing of application for orderE+W

3An application for a debt relief restrictions order in respect of a debtor may be made—

(a)at any time during the moratorium period relating to the debt relief order in question, or

(b)after the end of that period, but only with the permission of the court.

Duration of orderE+W

4(1)A debt relief restrictions order—

(a)comes into force when it is made, and

(b)ceases to have effect at the end of a date specified in the order.

(2)The date specified in a debt relief restrictions order under sub-paragraph (1)(b) must not be—

(a)before the end of the period of two years beginning with the date on which the order is made, or

(b)after the end of the period of 15 years beginning with that date.

Interim debt relief restrictions orderE+W

5(1)This paragraph applies at any time between—

(a)the institution of an application for a debt relief restrictions order, and

(b)the determination of the application.

(2)The court may make an interim debt relief restrictions order if the court thinks that—

(a)there are prima facie grounds to suggest that the application for the debt relief restrictions order will be successful, and

(b)it is in the public interest to make an interim debt relief restrictions order.

(3)An interim debt relief restrictions order may only be made on the application of—

(a)the Secretary of State, or

(b)the official receiver acting on a direction of the Secretary of State.

(4)An interim debt relief restrictions order—

(a)has the same effect as a debt relief restrictions order, and

(b)comes into force when it is made.

(5)An interim debt relief restrictions order ceases to have effect—

(a)on the determination of the application for the debt relief restrictions order,

(b)on the acceptance of a debt relief restrictions undertaking made by the debtor, or

(c)if the court discharges the interim debt relief restrictions order on the application of the person who applied for it or of the debtor.

6(1)This paragraph applies to a case in which both an interim debt relief restrictions order and a debt relief restrictions order are made.

(2)Paragraph 4(2) has effect in relation to the debt relief restrictions order as if a reference to the date of that order were a reference to the date of the interim debt relief restrictions order.

Debt relief restrictions undertakingE+W

7(1)A debtor may offer a debt relief restrictions undertaking to the Secretary of State.

(2)In determining whether to accept a debt relief restrictions undertaking the Secretary of State shall have regard to the matters specified in paragraph 2(2) and (3).

8A reference in an enactment to a person in respect of whom a debt relief restrictions order has effect (or who is “the subject of” a debt relief restrictions order) includes a reference to a person in respect of whom a debt relief restrictions undertaking has effect.

9(1)A debt relief restrictions undertaking—

(a)comes into force on being accepted by the Secretary of State, and

(b)ceases to have effect at the end of a date specified in the undertaking.

(2)The date specified under sub-paragraph (1)(b) must not be—

(a)before the end of the period of two years beginning with the date on which the undertaking is accepted, or

(b)after the end of the period of 15 years beginning with that date.

(3)On an application by the debtor the court may—

(a)annul a debt relief restrictions undertaking;

(b)provide for a debt relief restrictions undertaking to cease to have effect before the date specified under sub-paragraph (1)(b).

Effect of revocation of debt relief orderE+W

10Unless the court directs otherwise, the revocation at any time of a debt relief order does not —

(a)affect the validity of any debt relief restrictions order, interim debt relief restrictions order or debt relief restrictions undertaking which is in force in respect of the debtor;

(b)prevent the determination of any application for a debt relief restrictions order, or an interim debt relief restrictions order, in relation to the debtor that was instituted before that time;

(c)prevent the acceptance of a debt relief restrictions undertaking that was offered before that time; or

(d)prevent the institution of an application for a debt relief restrictions order or interim debt relief restrictions order in respect of the debtor, or the offer or acceptance of a debt relief restrictions undertaking by the debtor, after that time.”

Section 108(3)

SCHEDULE 20E+WDebt relief orders: consequential amendments

Part 1 E+WAmendments to the Insolvency Act 1986

1E+WThe Insolvency Act 1986 (c. 45) is amended as follows.

Commencement Information

I350Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

2(1)In section 31 (disqualification of bankrupt) in subsection (1)—E+W

(a)at the end of paragraph (a) (before “or”) insert—

“(aa)a moratorium period under a debt relief order applies in relation to him,”;

(b)in paragraph (b) after “order” insert “ or a debt relief restrictions order ”.

(2)In the heading to that section after “bankrupt” insert “ or person in respect of whom a debt relief order is made ”.

Commencement Information

I351Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

F1543E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I352Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

4E+WIn section 384(2)(meaning of prescribed amount)—

(a)at the beginning of the list of provisions insert “ section 251S(4); ”;

(b)in the list omit “and” after “section 361(2);” and

(c)at the end of the list insert “ paragraphs 6 to 8 of Schedule 4ZA, ”.

Commencement Information

I353Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

5(1)Section 385(1) (definitions) is amended as follows.E+W

(2)In the definition of “the debtor”, before paragraph (a) insert—

“(za)in relation to a debt relief order or an application for such an order, has the same meaning as in Part 7A,”.

(3)After the definition of “debtor's petition” insert—

““debt relief order” means an order made by the official receiver under Part 7A;”.

Commencement Information

I354Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

6(1)Section 390 (persons not qualified to act as insolvency practitioners) is amended as follows.E+W

(2)In subsection (4) after paragraph (a) insert—

“(aa)a moratorium period under a debt relief order applies in relation of him,”.

(3)In subsection (5) after “order” insert “ or a debt relief restrictions order ”.

Commencement Information

I355Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

7(1)Section 399 (appointment etc of official receivers) is amended as follows.E+W

(2)In subsection (1) for “or individual voluntary arrangement” (in both places) substitute “ , individual voluntary arrangement, debt relief order or application for such an order ”.

(3)In subsection (4) for “or individual voluntary arrangement” substitute “ , individual voluntary arrangement, debt relief order or application for such an order ”.

Commencement Information

I356Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

8E+WIn section 412(1) (individual insolvency rules) for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

Commencement Information

I357Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

9(1)Section 415 (fees orders) is amended as follows.E+W

(2)In subsection (1) before paragraph (a) insert—

“(za)the costs of persons acting as approved intermediaries under Part 7A,”.

(3)In that subsection in paragraph (a) for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

Commencement Information

I358Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

10E+WIn section 415A (fees orders: general), before subsection (1) insert—

“(A1)The Secretary of State—

(a)may by order require a person or body to pay a fee in connection with the grant or maintenance of a designation of that person or body as a competent authority under section 251U, and

(b)may refuse to grant, or may withdraw, any such designation where a fee is not paid.”

Commencement Information

I359Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

11E+WIn section 418(1) (monetary limits)—

(a)at the beginning of the list of provisions insert— “ section 251S(4) (maximum amount of credit which a person in respect of whom a debt relief order is made may obtain without disclosure of his status); ”;

(b)at the end of the list of provisions insert— “ paragraphs 6 to 8 of Schedule 4ZA (maximum amount of a person's debts, monthly surplus income and property for purposes of obtaining a debt relief order); ”.

Commencement Information

I360Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

12(1)Section 426A (disqualification from Parliament) is amended as follows.E+W

(2)In subsection (1) after “bankruptcy restrictions order” insert “ or a debt relief restrictions order ”.

(3)In subsection (5) after “interim order” insert “ , or a debt relief restrictions order or an interim debt relief restrictions order, ”.

(4)In subsection (6) after “bankruptcy restrictions undertaking” insert “ or a debt relief restrictions undertaking ”.

Commencement Information

I361Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

13(1)Section 426B (devolution) is amended as follows.E+W

(2)In subsection (1) after “Wales,” insert “ or makes a debt relief restrictions order or interim debt relief restrictions order in respect of such a member, ”.

(3)In subsection (2) after “bankruptcy restrictions undertaking” insert “ or a debt relief restrictions undertaking ”.

Commencement Information

I362Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

14(1)Schedule 9 is amended as follows.E+W

(2)In paragraph 1 for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

(3)In paragraph 5 for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

(4)In paragraph 6 for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

(5)After paragraph 7 insert—

“Debt relief ordersE+W

7AProvision as to the manner in which the official receiver is to carry out his functions under Part 7A.

7BProvision as to the manner in which any requirement that may be imposed by the official receiver on a person under Part 7A is to take effect.

7CProvision modifying the application of Part 7A in relation to an individual who has died at a time when a moratorium period under a debt relief order applies in relation to him.

Debt relief restrictions orders and undertakingsE+W

7DProvision about debt relief restrictions orders, interim orders and undertakings, including provision about evidence.

Register of debt relief orders and debt relief restrictions orders etcE+W

7EProvision about the register required to be maintained by section 251W and the information to be contained in it, including provision—

(a)enabling the amalgamation of the register with another register;

(b)enabling inspection of the register by the public.”

Commencement Information

I363Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

15(1)The Table in Schedule 10 (punishment of offences) is amended as follows.E+W

(2)In the entry relating to section 31, in the column describing the general nature of the offence, after “bankrupt” insert “ or person in respect of whom a debt relief order is made ”.

(3)Insert the following entries after the entry relating to section 235(5)—

“251O(1)False representations or omissions in making an application for a debt relief order.

1. On indictment

2. Summary

7 years or a fine, or both.

12 months or the statutory maximum, or both.

251O(2)(a)Failing to comply with duty in connection with an application for a debt relief order.

1. On indictment

2. Summary

2 years or a fine, or both.

12 months or the statutory maximum, or both.

251O(2)(b)False representations or omissions in connection with duty in relation to an application for a debt relief order.

1. On indictment

2. Summary

7 years or a fine, or both.

12 months or the statutory maximum, or both.

251O(4)(a)Failing to comply with duty in connection with a debt relief order.

1. On indictment

2. Summary

2 years or a fine, or both.

12 months or the statutory maximum, or both.

251O(4)(b)False representations or omissions in connection with a duty in relation to a debt relief order.

1. On indictment

2. Summary

7 years or a fine, or both.

12 months or the statutory maximum, or both.

251P(1)Failing to deliver books, records and papers to official receiver, concealing or destroying them or making false entries in them by person in respect of whom a debt relief order is made.

1. On indictment

2. Summary

7 years or a fine, or both.

12 months or the statutory maximum, or both.

251P(2)Person in respect of whom debt relief order is made doing anything falling within paragraphs (c) to (e) of section 251P(1) during the period of 12 months ending with the application date or doing anything falling within paragraphs (b) to (e) of section 251P(1) after that date but before the effective date.

1. On indictment

2. Summary

7 years or a fine, or both.

12 months or the statutory maximum, or both.

251Q(1)Fraudulent disposal of property by person in respect of whom a debt relief order is made.

1. On indictment

2. Summary

2 years or a fine, or both.

12 months or the statutory maximum, or both.

251R(1)Disposal of property that is not paid for by person in respect of whom a debt relief order is made.

1. On indictment

2. Summary

7 years or a fine, or both.

12 months or the statutory maximum, or both.

251R(2)Obtaining property in respect of which money is owed by a person in respect of whom a debt relief order is made.

1. On indictment

2. Summary

7 years or a fine, or both.

12 months or the statutory maximum, or both.

251S(1)Person in respect of whom a debt relief order is made obtaining credit or engaging in business without disclosing his status or name.

1. On indictment

2. Summary

2 years or a fine, or both.

12 months or the statutory maximum, or both.”

(4)In the application of those entries in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (limit on magistrates' court powers to impose imprisonment), the references in the fourth column to “12 months” are to be read as references to “6 months”.

Commencement Information

I364Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

Part 2 E+WAmendments to other legislation

16(1)Section 11(1) of the Company Directors Disqualification Act 1986 (c. 46) (undischarged bankrupts) (as substituted in relation to England and Wales by the Enterprise Act 2002 (c. 40)) is amended as follows.E+W

(2)At the end of paragraph (a) (before “or”) insert—

“(aa)a moratorium period under a debt relief order applies in relation to him,”.

(3)In paragraph (b) after “bankruptcy restrictions order” insert “ or a debt relief restrictions order ”.

Commencement Information

I365Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

17E+WIn section 183(2) of the Employment Rights Act 1996 (c. 18) (insolvency of an employer who is individual), in paragraph (a) before sub-paragraph (i) insert—

“(ai)a moratorium period under a debt relief order applies in relation to him,”.

Commencement Information

I366Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2

Prospective

Sections 111 and 113

SCHEDULE 21E+WRegulations under sections 111 and 113

1E+WThe first column of this table lists the matters referred to in sections 111(3) and 113(5).

2E+WA matter listed in the first column includes the aspects set out in the appropriate part of the second column.

Matter about which particular provision may be made:Including these aspects:
1. The scheme operator.

(a) The constitution of the scheme operator.

(b) The governance of the scheme operator.

(c) The size of the scheme operator's undertaking.

(d) The financial standing of the scheme operator.

(e) Whether or not a scheme operator is a profit-making organisation.

2. The terms of a debt management scheme.

(a) The non-business debtors to whom the scheme is open.

(b) The kinds of debts which may be specified in a plan arranged in accordance with the scheme.

3. The operation of a debt management scheme.

(a) How decisions are made about whether debt repayment plans are to be arranged.

(b) How debt repayment plans are arranged.

(c) How decisions are made about the terms of debt repayment plans, including decisions about—

(i)

what payments will be required in relation to the specified debts;

(ii)

the amounts, times and recipients of payments;

(iii)

the duration of the plan.

(d) The format of debt repayment plans.

(e) When debt repayment plans begin to have effect.

(f) How changes are to be made to debt repayment plans (including the specification of debts after a plan has been arranged).

(g) How decisions are made about whether debt repayment plans are to be terminated.

(h) How debt repayment plans are terminated.

4. Changes that affect the scheme operator.

5. Changes to—

(i)

the terms of a debt management scheme;

(ii)

the operation of a debt management scheme.

(a) Whether changes may be made.

(b) How changes are made.

6. The transfer of the operation of a debt management scheme to another body.

(a) Whether the operation of the scheme may be transferred.

(b) How the operation of the scheme is transferred.

Section 139

SCHEDULE 22E+WCompulsory purchase: consequential amendments

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W

1E+WIn Part 2 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1976 (compulsory purchase of rights: adaptation of 1965 Act), in paragraph 9 for “sheriff's warrant” substitute “ enforcement officer's or sheriff's warrant ”.

Local Government, Planning and Land Act 1980 (c. 65)E+W

2E+WIn Part 4 of Schedule 28 to the Local Government, Planning and Land Act 1980 (acquisition of rights), in paragraph 23(4) for “sheriff's warrant” substitute “ enforcement officer's or sheriff's warrant ”.

Highways Act 1980 (c. 66)E+W

3E+WIn Part 2 of Schedule 19 to the Highways Act 1980 (compulsory acquisition of rights: adaptation of 1965 Act), in paragraph 9 for “sheriff's warrant” substitute “ enforcement officer's or sheriff's warrant ”.

Gas Act 1986 (c. 44)E+W

4E+WIn Part 2 of Schedule 3 to the Gas Act 1986 (compulsory acquisition of land and rights: procedure etc), in paragraph 10 for “sheriff's warrant” substitute “ enforcement officer's or sheriff's warrant ”.

Channel Tunnel Act 1987 (c. 53)E+W

5E+WIn Part 3 of Schedule 5 to the Channel Tunnel Act 1987 (supplementary provisions as to acquisition of land), in paragraph 8(d) for “sheriff's warrant” substitute “ enforcement officer's or sheriff's warrant ”.

Housing Act 1988 (c. 50)E+W

6E+WIn Part 3 of Schedule 10 to the Housing Act 1988 (acquisition of rights), in paragraph 23(2), for “sheriff's warrant” substitute “ enforcement officer's or sheriff's warrant ”.

Electricity Act 1989 (c. 29)E+W

7E+WIn Part 2 of Schedule 3 to the Electricity Act 1989 (compulsory acquisition of land and rights: procedure etc), in paragraph 11 for “sheriff's warrant” substitute “ enforcement officer's or sheriff's warrant ”.

F155. . . E+W

Textual Amendments

8E+WF156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Channel Tunnel Rail Link Act 1996 (c. 61)E+W

9E+WIn Part 3 of Schedule 4 to the Channel Tunnel Rail Link Act 1996 (supplementary provisions as to acquisition of land), in paragraph 9(5), for “sheriff's warrant” there is substituted “ enforcement officer's or sheriff's warrant ”.

Regional Development Agencies Act 1998 (c. 45)E+W

F15710E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Postal Services Act 2000 (c. 26)E+W

11E+WIn Part 2 of Schedule 5 to the Postal Services Act 2000 (acquisition of land and rights: procedure etc), in paragraph 10, for “sheriff's warrant” there is substituted “ enforcement officer's or sheriff's warrant ”.

Section 146

SCHEDULE 23U.K.Repeals

Part 1 U.K.Tribunals and Inquiries

Commencement Information

I367Sch. 23 Pt. 1 in force at 19.8.2013 for specified purposes by S.I. 2013/2043, art. 2(c)

I368Sch. 23 Pt. 1 partly in force; Sch. 23 Pt. 1 not in force at Royal Assent see s. 148(5); Sch. 23 Pt. 1 in force at 1.11.2007 for certain purposes by S.I. 2007/2709, art. 3(d); Sch. 23 Pt. 1 in force at 3.11.2008 and at 1.4.2009 for certain further purposes by S.I. 2008/2696, arts. 5(i), 6(c)

ReferenceExtent 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—

(a)

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

(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—

(a)

the entry relating to the Council on Tribunals, and

(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—

(a)

the entry relating to the Council on Tribunals, and

(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)—

(a)

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

(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—

(a)

subsection (2), and

(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)—

(a)

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

(b)

paragraph (c), and

(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—

(a)

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

(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 2 U.K.Judicial appointments

ReferenceExtent of repeal
Courts and Legal Services Act 1990 (c. 41)

In Schedule 10—

(a)

paragraph 4,

(b)

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

(c)

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

Judicial Pensions and Retirement Act 1993 (c. 8)

In Schedule 5—

(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

(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—

(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

(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—

(a)

Member of the Special Immigration Appeals Commission;

(b)

Chairman of the Special Immigration Appeals Commission;

(c)

Member of the Proscribed Organisations Appeal Commission;

(d)

Chairman of the Proscribed Organisations Appeal Commission;

(e)

Member of the Pathogens Access Appeal Commission; and

(f)

Chairman of the Pathogens Access Appeal Commission.

Part 3 U.K.Enforcement by taking control of goods

Commencement Information

I369Sch. 23 Pt. 3 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

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—

(a)

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

(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—

(a)

paragraph 7;

(b)

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

(c)

paragraph 12(1)(c);

(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 4 U.K.Rent arrears recovery

Commencement Information

I370Sch. 23 Pt. 4 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)

ReferenceExtent 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—

(a)

subsection (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.

Prospective

Part 5 U.K.Administration orders

ReferenceExtent of repeal
Company Directors Disqualification Act 1986 (c. 46)Section 12(1).
Courts and Legal Services Act 1990 (c. 41)Section 13.

Prospective

Part 6 U.K.Appeal 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.