Chwilio Deddfwriaeth

Tribunals, Courts and Enforcement Act 2007

Changes to legislation:

Tribunals, Courts and Enforcement Act 2007, Part 1 is up to date with all changes known to be in force on or before 24 April 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 1 E+W+S+N.I.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.E+W+S+N.I.

(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.E+W+S+N.I.

(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.E+W+S+N.I.

(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 ”.

4In 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. ”

5F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

6(1)The Courts-Martial (Appeals) Act 1951 (c. 46) is amended as follows.E+W+S+N.I.

(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 ”.

7In 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.E+W+S+N.I.

(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.E+W+S+N.I.

(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. ”

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

10(1)Paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 (c. 38) (tribunal chairmen) is amended as follows.E+W+S+N.I.

(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 ”.

11F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

12(1)Paragraph 4(1)(a) of Schedule 3 to the Industry Act 1975 (c. 68) (presidents of arbitration tribunals) is amended as follows.E+W+S+N.I.

(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.E+W+S+N.I.

(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 2E+W+S+N.I.List of offices in Senior Courts for purposes of Part 4

Part 1 E+W+S+N.I.
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 E+W+S+N.I.
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 E+W+S+N.I.
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.

14In 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.

15In 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.E+W+S+N.I.

(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.E+W+S+N.I.

(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.E+W+S+N.I.

(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 ”.

F419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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.E+W+S+N.I.

(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 ”.

21In 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.E+W+S+N.I.

(2)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 23(2) (Child Support Commissioners for Northern Ireland), for “10” substitute “ 7 ”.

(4)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

23F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

24(1)Schedule 12 to the Value Added Tax Act 1994 (c. 23) is amended as follows.E+W+S+N.I.

(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.E+W+S+N.I.

(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.E+W+S+N.I.

(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 ”.

27In 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 ”.

28In 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. ”

29F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

30F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

31F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

32F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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.E+W+S+N.I.

(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 ”.

34F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

35(1)The Land Registration Act 2002 (c. 9) is amended as follows.E+W+S+N.I.

(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.E+W+S+N.I.

(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 ”.

37F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

38(1)The Courts Act 2003 (c. 39) is amended as follows.E+W+S+N.I.

(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 ”.

39In 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; ”.

40F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14
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Amendments (Textual)

41(1)Section 25 of the Constitutional Reform Act 2005 (c. 4) (judges of the Supreme Court) is amended as follows.E+W+S+N.I.

(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).

42In 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. ”

43F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

44F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Yn ôl i’r brig

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Nodiadau Esboniadol

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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