Tribunals, Courts and Enforcement Act 2007

[^key-de7f0b3e8801c0d7c2010ceb5402c0b2]: Words in s. 134(5) inserted (28.6.2022) by Cultural Objects (Protection from Seizure) Act 2022 (c. 24), ss. 1(3), 2(2)

[^key-230bafc4f26b9e1c76cd2069dcdd21fa]: Words in s. 137(10) substituted (28.6.2022) by Cultural Objects (Protection from Seizure) Act 2022 (c. 24), ss. 1(4)(a), 2(2)

[^key-d4fa766f273645f3304f10de02b05076]: Words in s. 137(10) inserted (28.6.2022) by Cultural Objects (Protection from Seizure) Act 2022 (c. 24), ss. 1(4)(b), 2(2)

[^key-57a625f845c67742db1c00ea4b4b1925]: S. 17(A1) inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 1(3)(a), 51(4) (with s. 1(4)); S.I. 2022/816, regs. 1(2), 3(a)

[^key-fd5089b70a56ac9d2128e8726814f6df]: Words in s. 17(2)(b) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 1(3)(b), 51(4) (with s. 1(4)); S.I. 2022/816, regs. 1(2), 3(a)

[^key-d16d2dbac48065eb4900bae4bab3f0db]: S. 11A inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 2(1), 51(4) (with s. 2(2)); S.I. 2022/816, regs. 1(2), 3(b)

[^key-d158c6398d995e1eb71b13cb1c3a976e]: S. 53(2) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 14(2); S.I. 2022/1014, reg. 2(d) (with reg. 3)

[^key-e97074e5a65240d5d847877760a3ffee]: S. 53(6)(b) omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 14(2); S.I. 2022/1014, reg. 2(d) (with reg. 3)

[^key-b98df129458f4cead6ca45e0edfe2a1b]: S. 58 omitted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 14(3); S.I. 2022/1014, reg. 2(d) (with reg. 3)

[^key-cec3d2b9549e0f32a269d75f92c01e2f]: Words in s. 102(9)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-7f3e35d7fc961f2aa39deaf6000cff31]: S. 11(3)(4) applied (28.3.2023) by The International Tax Enforcement (Disclosable Arrangements) Regulations 2023 (S.I. 2023/38), regs. 1, 15(8), 18(4) (with reg. 5)

[^key-27d5767a71c90c2239394f126579d8b0]: S. 5(1)(ca) inserted (20.7.2023) by Illegal Migration Act 2023 (c. 37), ss. 52, 68(3)(b) (with s. 55(9))

[^M_C_8409b2cb-13c9-49b8-97d2-cdb27053f7d9]: S. 11 excluded (10.12.2021 for specified purposes, 1.4.2022 in so far as not already in force and with effect in accordance with s. 85(1)(b) of the amending Act) by Finance Act 2021 (c. 26), s. 85(1)(a), Sch. 11 para. 11(3); S.I. 2021/1409, regs. 3, 4

[^M_C_2b833858-0a18-40d9-ab24-dff5ea09f5dd]: S. 13 excluded (10.12.2021 for specified purposes, 1.4.2022 in so far as not already in force and with effect in accordance with s. 85(1)(b) of the amending Act) by Finance Act 2021 (c. 26), s. 85(1)(a), Sch. 11 para. 11(3); S.I. 2021/1409, regs. 3, 4

[^key-d3601d94c565d7eefee46a68e10bbc82]: Word in Sch. 5 para. 21(1)(a) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 29(2)(a); S.I. 2023/1194, reg. 2(f)

[^key-e998568a6d11bf3a2947d22a751d3869]: Sch. 5 para. 21(1A) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 29(2)(b); S.I. 2023/1194, reg. 2(f)

[^key-9249eddf86f543d4c99d01509ec23525]: Word in Sch. 5 para. 22(1) omitted (7.11.2023) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 29(3)(a); S.I. 2023/1194, reg. 2(f)

[^key-7b02c05d74496fa13f31116b92baefb3]: Sch. 5 para. 22(1)(d) and word inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 29(3)(b); S.I. 2023/1194, reg. 2(f)

[^key-63931667c03ae425b22dc518272b2153]: S. 12 excluded (31.12.2023 in relation to accounting periods commencing on or after that date) by Finance (No. 2) Act 2023 (c. 30), s. 264, Sch. 14 para. 65(3)

[^key-90aee6a42dfebee662f93ba1264ecb06]: S. 15 excluded (31.12.2023 in relation to accounting periods commencing on or after that date) by Finance (No. 2) Act 2023 (c. 30), s. 264, Sch. 14 para. 65(3)

[^key-7bf34f79b9d1e4e8daa34c1eec6bf199]: S. 8(3)-(5) applied (25.4.2024) by 1996 c. 17, Sch. A1 para. 2(7) (as inserted by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 1; S.I. 2024/568, reg. 2(b)(i))

[^key-7a4e4c6176486f25e555e0aee486a4aa]: Sch. 5 Pt. 3 applied (with modifications) (25.4.2024) by 1996 c. 17, Sch. A1 para. 21 (as inserted by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 1; S.I. 2024/568, reg. 2(b)(i))

[^key-53dbf86b6f19400218450408c8d5f7da]: Words in s. 8(2) inserted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 28; S.I. 2024/568, reg. 2(b)(viii)

[^key-2839bec9fd1e71cade159b1b3d4d99ee]: S. 29 power to modify or disapply conferred (31.3.2024 for W. for specified purposes, 30.4.2024 for E.) by 1961 c. 33, Sch 2A para. 7(2)(a) (as inserted by Levelling Up and Regeneration Act 2023 (c. 55), ss. 190(2)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 4 (with reg. 6(6)); S.I. 2024/389, reg. 2(l))

[^key-9b3a04a568076598b11c4053a8870adf]: S. 11 excluded (2.2.2026) by 1992 c. 5, Sch. 3B para. 16(2) (as inserted by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), s. 109(1), Sch. 3 Pt. 1 (with s. 105); S.I. 2025/1265, reg. 2(2)(c))

[^key-1141789c553b4ccdb30993327a08e818]: S. 13 excluded (2.2.2026) by 1992 c. 5, Sch. 3B para. 16(2) (as inserted by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), s. 109(1), Sch. 3 Pt. 1 (with s. 105); S.I. 2025/1265, reg. 2(2)(c))

[^key-7897603175d03e0192e1b8495a2d8709]: S. 11 excluded (18.3.2026) by Finance Act 2026 (c. 11), s. 187(4)

[^key-cd2907fdd48644c84872c415919ad969]: S. 13 excluded (18.3.2026) by Finance Act 2026 (c. 11), s. 187(4)

19A

• (1) This paragraph applies if these conditions are met—

• (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.

6A

A person is within this section (and so, by virtue of section 4(1)(ca), is a judge of the First-tier Tribunal) if the person—

• (a) is a deputy Circuit judge,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) is a person who holds an office listed—

• (i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc ), or

• (ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc ),

• (d) is a deputy district judge appointed under section 102 of that Act or section 8 of the County Courts Act 1984,

• (e) is a Deputy District Judge (Magistrates' Courts), or

• (f) is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

Fees

Consequential and other amendments, and transitional provisions

The Administrative Justice and Tribunals Council

Consequential and other amendments, and transitional provisions

“Relevant qualification” in section 50: further provision

Transfer from salaried to fee-paid judicial office

Continuation of judicial office after normal retirement date

Appointment of deputy district judges, etc.

Deputy, and temporary additional, Masters etc.

Enforcement agents

Attachment of earnings orders: finding the debtor's current employer

Attachment of earnings orders: deductions at fixed rates

Debt relief orders and debt relief restrictions orders etc.

Judicial review: power to substitute decision

Recovery of sums payable under compromises involving ACAS

Appeals in relation to design rights

Recovery of sums payable under compromises involving ACAS

Chamber Presidents and Deputies: removal from office and extension of appointment

5A

• (1) This paragraph applies to a person—

• (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 75

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

18A

• (1) This paragraph applies if these conditions are met—

• (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.

Review of decision of Upper Tribunal

Upper Tribunal's “judicial review” jurisdiction

20A

• (1) This section applies where the Court of Session transfers an application under section 20(1).

• (2) It is for the Upper Tribunal to determine—

• (a) whether the application has been made timeously, and

• (b) whether to grant permission for the application to proceed under section 27B of the Court of Session Act 1988 (“the 1988 Act”) (requirement for permission).

• (3) Accordingly—

• (a) the Upper Tribunal has the same powers in relation to the application as the Court of Session would have had in relation to it under sections 27A to 27C of the 1988 Act,

• (b) sections 27C and 27D of that Act apply in relation to a decision of the Upper Tribunal under section 27B(1) of that Act as they apply in relation to such a decision of the Court of Session.

• (4) The references in section 27C(3) and (4) of the 1988 Act (oral hearings where permission refused) to a different Lord Ordinary from the one who granted or refused permission are to be read as references to different members of the Tribunal from those of whom it was composed when it refused or granted permission.

Practice directions

Transfer of functions of certain tribunals

Review of decision of Upper Tribunal

Transfer of powers to make procedural rules for certain tribunals

Power to amend lists of tribunals in Schedule 6

Proceedings on appeal to Court of Appeal etc.

Quashing orders under section 15(1): supplementary provision

Practice directions

Transfers under section 30: supplementary powers

Power to provide for appeal to Upper Tribunal from tribunals in Scotland

Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland

Transfer of powers to make procedural rules for certain tribunals

“Relevant qualification” in section 50: further provision

Transfer from salaried to fee-paid judicial office

Continuation of judicial office after normal retirement date

Orders permitting disclosures to Judicial Appointments Commission

County court warrants of control etc.

Debt relief orders and debt relief restrictions orders etc.

Enforcement restriction orders

Enforcement restriction orders

Protected objects

Appeals in relation to design rights

Protected functions of the Lord Chancellor

Proceedings on appeal to Court of Appeal etc.

14A

• (1) If the Upper Tribunal is satisfied that—

• (a) the conditions in subsection (4) or (5) are fulfilled in relation to the Upper Tribunal's decision in any proceedings, and

• (b) as regards that decision, a sufficient case for an appeal to the Supreme Court has been made out to justify an application under section 14B,

the Upper Tribunal may grant a certificate to that effect.

• (2) The Upper Tribunal may grant a certificate under this section only on an application made by a party to the proceedings.

• (3) The Upper Tribunal may grant a certificate under this section only if the relevant appellate court as regards the proceedings is—

• (a) the Court of Appeal in England and Wales, or

• (b) the Court of Appeal in Northern Ireland.

• (4) The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that point of law is—

• (a) a point of law that—

• (i) relates wholly or mainly to the construction of an enactment or statutory instrument, and

• (ii) has been fully argued in the proceedings and fully considered in the judgment of the Upper Tribunal in the proceedings, or

• (b) a point of law—

• (i) in respect of which the Upper Tribunal is bound by a decision of the relevant appellate court or the Supreme Court in previous proceedings, and

• (ii) that was fully considered in the judgments given by the relevant appellate court or, as the case may be, the Supreme Court in those previous proceedings.

• (5) The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that—

• (a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,

• (b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the Upper Tribunal, a hearing by the Supreme Court is justified, or

• (c) the Upper Tribunal is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.

• (6) Before the Upper Tribunal decides an application made to it under this section, the Upper Tribunal must specify the court that would be the relevant appellate court if the application were an application for permission (or leave) under section 13.

• (7) In this section except subsection (6) and in sections 14B and 14C, “the relevant appellate court”, as respects an application, means the court specified as respects that application by the Upper Tribunal under subsection (6).

• (8) No appeal lies against the grant or refusal of a certificate under subsection (1).

14B

• (1) If the Upper Tribunal grants a certificate under section 14A in relation to any proceedings, a party to those proceedings may apply to the Supreme Court for permission to appeal directly to the Supreme Court.

• (2) An application under subsection (1) must be made—

• (a) within one month from the date on which that certificate is granted, or

• (b) within such time as the Supreme Court may allow in a particular case.

• (3) If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal.

• (4) If permission is granted under this section—

• (a) no appeal from the decision to which the certificate relates lies to the relevant appellate court, but

• (b) an appeal lies from that decision to the Supreme Court.

• (5) An application under subsection (1) is to be determined without a hearing.

• (6) Subject to subsection (4), no appeal lies to the relevant appellate court from a decision of the Upper Tribunal in respect of which a certificate is granted under section 14A until—

• (a) the time within which an application can be made under subsection (1) has expired, and

• (b) where such an application is made, that application has been determined in accordance with this section.

14C

• (1) No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment (other than sections 14A and 14B), no appeal would lie from that decision of the Upper Tribunal to the relevant appellate court, with or without the permission (or leave) of the Upper Tribunal or the relevant appellate court.

• (2) No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment, no appeal would lie from a decision of the relevant appellate court on that decision of the Upper Tribunal to the Supreme Court, with or without the permission (or leave) of the relevant appellate court or the Supreme Court.

• (3) Where no appeal would lie to the relevant appellate court from the decision of the Upper Tribunal except with the permission (or leave) of the Upper Tribunal or the relevant appellate court, no certificate may be granted under section 14A in respect of a decision of the Upper Tribunal unless it appears to the Upper Tribunal that it would be a proper case for giving permission (or leave) to appeal to the relevant appellate court.

• (4) No certificate may be granted under section 14A in respect of a decision or order of the Upper Tribunal made by it in the exercise of its jurisdiction to punish for contempt.

Enabling the public to see and hear proceedings

Power to amend lists of tribunals in Schedule 6

Report by Senior President of Tribunals

Meaning of “gain experience in law” in section 50

Appointment of deputy district judges, etc.

Appointment as Chairman of Law Commission

Enforcement agents

Attachment of earnings orders: deductions at fixed rates

Charging orders: power to set financial thresholds

Responding to a departmental information request

Administration orders

Enforcement restriction orders

Expressions relating to debts

Debt management schemes

Main definitions

Enforcement by enforcement officers

Supplementary

Recovery of sums payable under compromises involving ACAS

Protected functions of the Lord Chancellor

Appeals in relation to design rights

Repeals

Power to make supplementary or other provision

Limits of jurisdiction under section 15(1)

Power to provide for appeal to Upper Tribunal from tribunals in Wales

Power to amend lists of tribunals in Schedule 6

Orders under sections 30 to 36: supplementary

Appointment of deputy Circuit judges

Members and chairmen of certain Appeals Commissions

Members and chairmen of certain Appeals Commissions

Enforcement restriction orders

Effect of protection

Enforcement by enforcement officers

Enforcement by enforcement officers

Enforcement by enforcement officers

Supplementary

Protected functions of the Lord Chancellor

Protected functions of the Lord Chancellor

Repeals

Independence of tribunal judiciary

Senior President of Tribunals

Review of decision of Upper Tribunal

...

29ZA

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29ZB

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29ZC

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29ZD

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CHAPTER 2A — Exercise of tribunal functions by authorised persons

29A

In this Chapter—

• “authorised person” means a person authorised under paragraph 3 of Schedule 5 to exercise functions of the First-tier Tribunal or Upper Tribunal;

• “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.

29B

• (1) The Senior President of Tribunals may give directions to an authorised person.

• (2) Apart from such directions, an authorised person exercising a function by virtue of paragraph 3 of Schedule 5 is not subject to the direction of the Lord Chancellor or any other person when exercising the function.

• (3) The Senior President of Tribunals may delegate to one or more of the following the Senior President of Tribunals' functions under subsection (1)—

• (a) a judicial office holder;

• (b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of this Act.

• (4) A person to whom functions of the Senior President of Tribunals are delegated under subsection (3)(b) is not subject to the direction of any person other than—

• (a) the Senior President of Tribunals, or

• (b) a judicial office holder nominated by the Senior President of Tribunals,

when exercising the functions.

• (5) Subsections (3) to (5) of section 8 apply to—

• (a) a delegation under subsection (3) of this section, and

• (b) a nomination under subsection (4) of this section,

as they apply to a delegation under subsection (1) of that section.

29C

• (1) No action lies against an authorised person in respect of what the person does or omits to do—

• (a) in the execution of the person's duty as an authorised person exercising, by virtue of paragraph 3 of Schedule 5, functions of a tribunal, and

• (b) in relation to a matter within the person's jurisdiction.

• (2) An action lies against an authorised person in respect of what the person does or omits to do—

• (a) in the purported execution of the person's duty as an authorised person exercising, by virtue of paragraph 3 of Schedule 5, functions of a tribunal, but

• (b) in relation to a matter not within the person's jurisdiction,

if, but only if, it is proved that the person acted in bad faith.

• (3) If an action is brought in a court in Scotland in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—

• (a) may, on the application of the defender, dismiss the action, and

• (b) if it does so, may find the person bringing the action liable in expenses.

• (4) If an action is brought in any other court in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—

• (a) may, on the application of the defendant, strike out the proceedings in the action, and

• (b) if it does so, may if it thinks fit order the person bringing the action to pay costs.

29D

• (1) A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the execution (or purported execution) of the person's duty as an authorised person exercising, by virtue of paragraph 3 of Schedule 5, a function of a tribunal.

• (2) But subsection (1) does not apply in relation to any proceedings in which an authorised person—

• (a) is being tried for an offence or is appealing against a conviction, or

• (b) is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.

• (3) A court which is prevented by subsection (1) from ordering an authorised person to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.

• (4) The Lord Chancellor may, after consulting the Senior President of Tribunals, make regulations specifying—

• (a) circumstances in which a court must or must not exercise the power conferred on it by subsection (3), and

• (b) how the amount of any payment ordered under subsection (3) is to be determined.

• (5) The power to make regulations under subsection (4) includes power to make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitory, transitional or saving provision,

which the Lord Chancellor considers necessary or expedient.

• (6) The Senior President of Tribunals may delegate the Senior President of Tribunals' functions under subsection (4) to a person who is a judicial office holder.

• (7) Subsections (3) to (5) of section 8 apply to a delegation under subsection (6) of this section as they apply to a delegation under subsection (1) of that section.

• (8) In the application of this section to Scotland—

• (a) references to a court ordering an authorised person to pay costs are to be read as references to a court finding an authorised person liable in expenses, and

• (b) the second reference to costs in subsection (3) is to be read as a reference to expenses.

29E

• (1) “Indemnifiable amounts”, in relation to an authorised person, means—

• (a) costs which the person reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of the person's duty as an authorised person,

• (b) costs which the person reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,

• (c) damages awarded against the person or costs ordered to be paid by the person in such proceedings, or

• (d) sums payable by the person in connection with a reasonable settlement of such proceedings or such a claim.

• (2) The Lord Chancellor must indemnify an authorised person in respect of indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, the person acted reasonably and in good faith.

• (3) The Lord Chancellor may indemnify an authorised person in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith.

• (4) Any question whether, or to what extent, an authorised person is to be indemnified under this section is to be determined by the Lord Chancellor.

• (5) The Lord Chancellor may, if an authorised person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—

• (a) costs such as are mentioned in subsection (1)(a) or (b), or

• (b) sums such as are mentioned in subsection (1)(d),

before the costs are incurred or the settlement in connection with which the sums are payable is made.

• (6) But a determination under subsection (5) before costs are incurred—

• (a) is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and

• (b) does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.

• (7) In the application of this section to Scotland, references to costs are to be read as references to expenses.

Appointment of deputy Circuit judges

Appointment of temporary assistants to Judge Advocate General

Enforcement by taking control of goods

Debt relief orders and debt relief restrictions orders etc.

Regulations

Supplementary

Appeals in relation to design rights

Recovery of sums payable under compromises involving ACAS

Power to make supplementary or other provision

Delegation of functions to staff: reconsideration of decisions

28A

• (1) Before making Rules that provide for the exercise of functions of the First-tier Tribunal or Upper Tribunal by authorised persons by virtue of paragraph 3, the Committee must take the following steps in relation to each of the functions in question.

• (2) The Committee must consider whether the Rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.

• (3) If the Committee considers that the rules should include such a right, it must include provision to that effect when it makes the Rules.

• (4) If the Committee does not consider that the rules should include such a right, it must inform the Lord Chancellor of—

• (a) its decision, and

• (b) its reasons for reaching that decision.

• (5) In this paragraph “authorised person” and “judicial office holder” have the same meanings as in Chapter 2A of Part 1 of this Act (see section 29A).

11A

• (1) Subsections (2) and (3) apply in relation to a decision by the Upper Tribunal to refuse permission (or leave) to appeal further to an application under section 11(4)(b).

• (2) The decision is final, and not liable to be questioned or set aside in any other court.

• (3) In particular—

• (a) the Upper Tribunal is not to be regarded as having exceeded its powers by reason of any error made in reaching the decision;

• (b) the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.

• (4) Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether—

• (a) the Upper Tribunal has or had a valid application before it under section 11(4)(b),

• (b) the Upper Tribunal is or was properly constituted for the purpose of dealing with the application, or

• (c) the Upper Tribunal is acting or has acted—

• (i) in bad faith, or

• (ii) in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.

• (5) Subsections (2) and (3) do not apply so far as provision giving the First-tier Tribunal jurisdiction to make the first-instance decision could (if the Tribunal did not already have that jurisdiction) be made by—

• (a) an Act of the Scottish Parliament, or

• (b) an Act of the Northern Ireland Assembly the Bill for which would not require the consent of the Secretary of State.

• (6) The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision of the First-tier Tribunal that it would not entertain (whether as a matter of law or discretion) in the absence of this section.

• (7) In this section—

• “decision” includes any purported decision;

• “first-instance decision” means the decision in relation to which permission (or leave) to appeal is being sought under section 11(4)(b);

• “the supervisory jurisdiction” means the supervisory jurisdiction of—the High Court, in England and Wales or Northern Ireland, orthe Court of Session, in Scotland,and “the court of supervisory jurisdiction” is to be read accordingly.

Debt relief orders and debt relief restrictions orders etc.

Debt repayment plans

Supplementary

Judicial review: power to substitute decision

Recovery of sums payable under compromises involving ACAS