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Tribunals, Courts and Enforcement Act 2007

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Tribunals, Courts and Enforcement Act 2007. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Overview

  3. Part 1: Tribunals and Inquiries

    1. Summary

    2. Background

      1. The new tribunals

      2. Membership, deployment and composition

      3. Reviews and appeals and the judicial review jurisdiction of the tribunals

      4. Transfer of tribunal functions

      5. Administrative Support

      6. Oversight of Tribunals and Inquiries

      7. Administrative Justice and Tribunals Council

      8. Enforcement

    3. Commentary on Sections: Part 1

      1. Section 1: Independence of tribunal judiciary

      2. Section 2 and Schedule 1: Senior President of Tribunals

      3. Section 2

      4. Schedule 1

      5. Section 3: The First-tier Tribunal and the Upper Tribunal

      6. Section 4 and Schedule 2: Judges and other members of the First-tier Tribunal

      7. Schedule 2

      8. Section 5 and Schedule 3: Judges and other members of the Upper Tribunal

      9. Section 5

      10. Schedule 3

      11. Section 6: Certain Judges who are also judges of First-tier Tribunal and Upper Tribunal

      12. Section 7: Chambers: Jurisdiction and Presidents and Schedule 4: Chambers and Chamber Presidents: further provision

      13. Section 7

      14. Section 8: Senior President of Tribunals: power to delegate

      15. Sections 9 and 10: Review of decisions of First-tier and Upper Tribunals

      16. Section 11: Right to appeal to Upper Tribunal

      17. Section 12: Proceedings on appeal to Upper Tribunal

      18. Section 13: Right to appeal to Court of Appeal

      19. Section 14: Proceedings on appeal to Court of Appeal

        1. “Judicial Review” Sections 15 to 21

      20. Section 15: Upper Tribunal’s “judicial review” jurisdiction

      21. Section 16: Application for relief under section 15(1)

      22. Section 17: Quashing orders under section 15(1): supplementary provision

      23. Section 18: Limits of jurisdiction under section 15(1)

      24. Section 19: Transfer of judicial review applications from High Court

      25. Section 20: Transfer of judicial review applications from the Court of Session

      26. Section 21: Upper Tribunal’s “judicial review” jurisdiction: Scotland

      27. Section 22 and Schedule 5: Tribunal Procedure Rules

      28. Section 22

      29. Section 23: Practice directions

      30. Section 24: Mediation

      31. Section 25: Supplementary powers of Upper Tribunal

      32. Section 26: First-tier Tribunal and Upper Tribunal: sitting places

      33. Section 27: Enforcement

      34. Section 28: Assessors

      35. Section 29: Costs or expenses

      36. Section 30: Transfer of functions of certain tribunals

      37. Section 31: Transfers under section 30: supplementary powers

      38. Section 32: Power to provide for appeal to Upper Tribunal from tribunals in Wales

      39. Section 33: Power to provide for appeal to Upper Tribunal from tribunals in Scotland

      40. Section 34: Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland

      41. Section 35: Transfer of Ministerial responsibilities for certain tribunals

      42. Section 36: Transfer of powers to make procedural rules for certain tribunals

      43. Section 37: Power to amend lists of tribunals in Schedule 6

      44. Section 38: Orders under sections 30-36: supplementary

      45. Section 39: Administrative support for certain tribunals: The general duty

      46. Section 40: Tribunal staff and services and Section 41: Provision of accommodation

      47. Section 42: Fees

      48. Section 43: Report by Senior President of Tribunals

      49. Sections 44 and 45: The Administrative Justice and Tribunals Council

      50. Schedule 7: Administrative Justice and Tribunals Council

      51. Section 46: Delegation of Functions by the Lord Chief Justice

      52. Section 47: Co-operation in relation to judicial training, guidance and welfare

      53. Section 48: Consequential and other amendments, and transitional provisions

      54. Section 49: Orders and regulations under Part 1: supplemental and procedural provisions

  4. Part 2: Judicial Appointments

    1. Summary

    2. Background

    3. Commentary on Sections: Part 2

      1. Section 50: Judicial appointments: “judicial-appointment eligibility condition”

      2. Schedule 10: Amendments relating to judicial appointments

      3. Section 51: “Relevant qualification” in section 50: further provision

      4. Section 52: Meaning of “gain experience in law” in Section 50

      5. Section 53: Transfer from salaried to fee-paid judicial office

      6. Section 54: Continuation of judicial office after normal retirement date

      7. Section 55: Appointment of deputy Circuit Judge

      8. Section 56: Appointment of deputy district judges,

      9. Schedule 11: District judges and deputy district judges

      10. Section 57: Deputy, and temporary additional, Masters

      11. Section 58: Appointment of temporary assistant to Judge Advocate General

      12. Section 59: Members and chairmen of certain Appeals Commissions

      13. Section 60: Appointment as Chairman of Law Commission

      14. Section 61: Orders permitting disclosures to Judicial Appointments Commission

  5. Part 3: Enforcement by Taking Control of Goods

    1. Summary

    2. Background

      1. Procedure

      2. Rent Arrears Recovery

    3. Commentary on Sections: Part 3

      1. Section 62: Enforcement by taking control of goods

      2. Schedule 12: Taking control of goods

      3. Schedule 13: Taking control of goods: amendments

      4. Section 63: Enforcement agents

      5. Section 64: Certificates to act as an enforcement agent

      6. Section 65: Common law rules replaced

      7. Section 66: Pre-commencement enforcement not affected

      8. Section 67: Transfer of county court enforcement

      9. Section 68: Magistrates’ courts warrants of control

      10. Section 69: County court warrants of control

      11. Section 70: Power of High Court to stay execution

      12. Section 71: Abolition of common law right

      13. Section 72: Commercial rent arrears recovery ()

      14. Section 73: Landlord

      15. Section 74: Lease

      16. Section 75: Commercial premises

      17. Section 76: Rent

      18. Section 77: The rent recoverable

      19. Section 78: Intervention of the court

      20. Section 79: Use of after end of lease

      21. Section 80: Agricultural holdings

      22. Section 81: Right to rent from sub-tenant

      23. Section 82: Off-setting payments under a notice

      24. Section 83: Withdrawal and replacement of notices

      25. Section 84: Recovery of sums due and overpayments

      26. Section 85: Contracts for similar rights to be void

      27. Section 86: Amendments

      28. Section 88: Abolition of Crown preference

      29. Section 89: Application to the Crown

      30. Section 90: Regulations

  6. Part 4: Enforcement of Judgments and Orders

    1. Summary

    2. Background

      1. Attachment of earnings orders

      2. Charging orders

      3. Information requests and orders

    3. Commentary on Sections: Part 4

      1. Section 91: Attachment of earnings orders: deductions at fixed rates

      2. Schedule 15: Attachment of earnings orders: deductions at fixed rates

      3. Section 92: Attachment of earnings orders: finding the debtor’s current employer

      4. Section 93: Payment by instalments: making and enforcing charging orders

      5. Section 94: Charging orders: power to set financial thresholds

      6. Section 95: Application for information about action to recover judgment debt

      7. Section 96: Action by the court

      8. Section 97: Departmental information requests

      9. Section 98: Information orders

      10. Section 99: Responding to a departmental information request

      11. Section 100: Information order: required information not held

      12. Section 101: Using the information about the debtor

      13. Section 102: Offence of unauthorised use or disclosure

      14. Section 103: Regulations

      15. Section 104: Interpretation

      16. Section 105: Application and transitional provision

  7. Part 5: Debt Management and Relief

    1. Summary

    2. Background

      1. Administration Orders and Enforcement Restriction Orders

      2. Debt Relief Orders

      3. Debt Management Schemes

    3. Commentary on Sections: Part 5

      1. Section 106: Administration orders

      2. Schedule 16: Administration orders: consequential amendments

      3. Section 107: Enforcement restriction orders

      4. Section 108: Debt relief orders and debt relief restrictions orders

      5. Schedule 17 – Part 7A to the Insolvency Act 1986

      6. Schedule 18: Schedule 4ZA to the Insolvency Act 1986

      7. Part 1 - Conditions which must be met

      8. Part 2 - Other conditions

        1. Schedule 19: Schedule 4ZB to the Insolvency Act 1986

          1. Section 109: Debt management schemes

          2. Section 110: Debt repayment plans

          3. Section 111: Approval by supervising authority

        2. Schedule 21 – Regulations under sections 111 and 113

          1. Section 112: Applications for approval

          2. Section 113: Terms of approval

          3. Section 114: Discharge from specified debts

          4. Section 115: Presentation of bankruptcy petition

          5. Section 116: Remedies other than bankruptcy

          6. Section 117: Charging of interest

          7. Section 118: Stopping supplies of gas or electricity

          8. Section 119: Existing county court proceedings to be stayed

          9. Section 120: Registration of plans

          10. Section 121: Other debt management arrangements in force

          11. Section 122: Right of appeal

          12. Section 123: Dealing with appeals

          13. Section 124: Charges by operator of approved schemes

          14. Section 125: Procedure for termination

          15. Section 126: Terminating an approval

          16. Section 127: Alternatives to termination

          17. Section 128: Effects of end of approval

          18. Section 129: The supervising authority

          19. Section 130: Regulations

          20. Section 131: Main definitions

          21. Section 132: Expressions relating to debts

          22. Section 133: Periods of protection

  8. Part 6: Protection of Cultural Objects on Loan

    1. Summary

    2. Background

    3. Commentary on Sections: Part 6

      1. Section 134: Protected objects

      2. Section 135: Effect of protection

      3. Section 136: Relevant Museums and Galleries

      4. Section 137: Interpretation

      5. Section 138: Crown application

  9. Part 7: Miscellaneous

    1. Summary

    2. Background

      1. Compulsory purchase

      2. Enforcement of brokered agreements

      3. Appeal in relation to design rights

    3. Commentary on Sections: Part 7

      1. Section 139: Enforcement by enforcement officers

      2. Section 140: Supplementary and Schedule 22: Compulsory purchase: consequential amendments

      3. Section 141: Judicial review: power to substitute decisions

      4. Section 142: Recovery of sums payable under compromises involving

      5. Section 143: Appeals in relation to design rights

  10. Part 8: General

    1. Summary

    2. Commentary on Sections: Part 8

      1. Section 144: Protected functions of the Lord Chancellor

      2. Section 145: Power to make supplementary or other provision

      3. Section 146: Repeals

      4. Section 147: Extent

      5. Section 148: Commencement

  11. Glossary of Abbreviations

  12. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

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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