Tribunals, Courts and Enforcement Act 2007

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

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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.