Legalize / United Kingdom / Public General Act

Tribunals, Courts and Enforcement Act 2007

Type Public General Act

Publication 2007-07-19

Last updated 2026-03-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) An order under subsection (2) or (3)—

(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

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

33

(1) Subsection (2) applies if—

(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Scotland,

(b) an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and

(2) The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.

(3) An order under subsection (2)—

(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(4) An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.

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

34

(1) Subsection (2) applies if—

(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Northern Ireland,

(b) an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and

(c) no appeal may be made against a corresponding decision made in exercising the function in relation to Northern Ireland.

(2) The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.

(3) An order under subsection (2)—

(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;

(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(4) An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.

Transfer of Ministerial responsibilities for certain tribunals

35

(1) The Lord Chancellor may by order—

(a) transfer any relevant function, so far as that function is exercisable by a Minister of the Crown—

(i) to the Lord Chancellor, or

(ii) to two (or more) Ministers of the Crown of whom one is the Lord Chancellor;

(b) provide for any relevant function that is exercisable by a Minister of the Crown other than the Lord Chancellor to be exercisable by the other Minister of the Crown concurrently with the Lord Chancellor;

(c) provide for any relevant function that is exercisable by the Lord Chancellor concurrently with another Minister of the Crown to cease to be exercisable by the other Minister of the Crown.

(2) In this section “relevant function” means a function, in relation to a scheduled tribunal, which relates—

(a) to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

(b) to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

(3) In subsection (2) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

(4) A relevant function may not be transferred under subsection (1) if, or to the extent that, the provision conferring the function—

(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(5) Subsection (4) does not apply to any relevant function of the Secretary of State—

(a) under section 41 of the Consumer Credit Act 1974 (c. 39) (appeals), or

(b) under section 7 of the Estate Agents Act 1979 (c. 38) (appeals).

(6) Any reference in subsection (1) to a Minister of the Crown includes a reference to a Minister of the Crown acting jointly.

(7) An order under subsection (1)—

(a) may relate to a function either wholly or in cases (including cases framed by reference to areas) specified in the order;

(b) may include provision for the purposes of, or in consequence of, or for giving full effect to, the transfer or (as the case may be) other change as regards exercise;

(c) may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit;

(d) may include provision for the transfer of any property, rights or liabilities of the person who loses functions or whose functions become shared with the Lord Chancellor.

(8) An order under subsection (1), so far as it—

(a) provides under paragraph (a) for the transfer of a function, or

(b) provides under paragraph (b) for a function to become exercisable by the Lord Chancellor, or

(c) provides under paragraph (c) for a function to cease to be exercisable by a Minister of the Crown other than the Lord Chancellor,

may not, after that transfer or other change has taken place, be revoked by another order under that subsection.

(9) Section 1 of the 1975 Act (power to transfer Ministerial functions) does not apply to a function of the Lord Chancellor—

(a) so far as it is a function transferred to the Lord Chancellor under subsection (1)(a),

(b) so far as it is a function exercisable by the Lord Chancellor as a result of provision under subsection (1)(b), or

(c) so far as it is a function that has become exercisable by the Lord Chancellor alone as a result of provision under subsection (1)(c).

(10) In this section—

“Minister of the Crown” has the meaning given by section 8(1) of the 1975 Act but includes the Commissioners for Her Majesty's Revenue and Customs;

“the 1975 Act” means the Ministers of the Crown Act 1975 (c. 26).

Transfer of powers to make procedural rules for certain tribunals

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(1) The Lord Chancellor may by order transfer any power to make procedural rules for a scheduled tribunal to—

(a) himself, or

(b) the Tribunal Procedure Committee.

(2) A power may not be transferred under subsection (1) if, or to the extent that, the provision conferring the power—

(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(3) Subsection (2) does not apply to—

(a) power conferred by section 40A(3). . . of the Consumer Credit Act 1974 (c. 39) (power to make provision with respect to appeals), or

(b) power conferred by section 7(3) of the Estate Agents Act 1979 (c. 38) (duty of Secretary of State to make regulations with respect to appeals under section 7(1) of that Act).

(4) An order under subsection (1)(b)—

(a) may not alter any parliamentary procedure relating to the making of the procedural rules concerned, but

(b) may otherwise include provision for the purpose of assimilating the procedure for making them to the procedure for making Tribunal Procedure Rules.

(5) An order under subsection (1)(b) may include provision requiring the Tribunal Procedure Committee to make procedural rules for purposes notified to it by the Lord Chancellor.

(6) An order under this section—

(a) may relate to a power either wholly or in cases (including cases framed by reference to areas) specified in the order;

(b) may include provision for the purposes of or in consequence of, or for giving full effect to, the transfer;

(c) may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(7) A power to make procedural rules for a tribunal that is exercisable by the Tribunal Procedure Committee by virtue of an order under this section must be exercised by the committee with a view to securing—

(a) that the system for deciding matters within the jurisdiction of that tribunal is accessible and fair,

(b) that proceedings before that tribunal are handled quickly and efficiently,

(d) that the rules where appropriate confer on persons who are, or who are members of, that tribunal responsibility for ensuring that proceedings before that tribunal are handled quickly and efficiently.

(8) In this section—

“procedural rules”, in relation to a tribunal, means provision (whether called rules or not) regulating practice or procedure before the tribunal;

“scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

Power to amend lists of tribunals in Schedule 6

37

(1) The Lord Chancellor may by order amend Schedule 6—

(a) for the purpose of adding a tribunal to a list in the Schedule;

(b) for the purpose of removing a tribunal from a list in the Schedule;

(d) for the purpose of adding to the Schedule a list of tribunals that has effect for the purposes of any one or more of sections 30, 32(3), 35 and 36.

(2) The following rules apply to the exercise of power under subsection (1)—

(a) a tribunal may not be added to a list, or be in an added list, if the tribunal is established otherwise than by or under an enactment;

(b) a tribunal established by an enactment passed or made after the last day of the Session in which this Act is passed must not be added to a list, or be in an added list, that has effect for the purposes of section 30;

(c) if any relevant function is exercisable in relation to a tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person), the tribunal may be added to a list, or be in an added list, only with the consent of the Welsh Ministers;

(d) a tribunal may be in more than one list.

(3) In subsection (2)(c) “relevant function”, in relation to a tribunal, means a function which relates—

(a) to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

(b) to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

(4) In subsection (1) “tribunal” does not include an ordinary court of law.

(5) In this section “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)).

Orders under sections 30 to 36: supplementary

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(1) Provision in an order under any of sections 30 to 36 may take the form of amendments, repeals or revocations of enactments.

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

(3) Any power to extend enactments to a territory outside the United Kingdom shall have effect as if it included—

(a) power to extend those enactments as they have effect with any amendments and repeals made in them by orders under any of sections 30 to 36, and

(b) power to extend those enactments as if any amendments and repeals made in them under those sections had not been made.

Chapter 4 — Administrative matters in respect of certain tribunals

The general duty

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(1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

(a) the First-tier Tribunal,

(b) the Upper Tribunal,

(d) the Employment Appeal Tribunal, . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and that appropriate services are provided for those tribunals (referred to in this section and in sections 40 and 41 as “the tribunals”).

(2) Any reference in this section, or in section 40 or 41, to the Lord Chancellor's general duty in relation to the tribunals is to his duty under subsection (1).

(3) The Lord Chancellor must annually prepare and lay before each House of Parliament a report as to the way in which he has discharged his general duty in relation to the tribunals.

Tribunal staff and services

40

(1) The Lord Chancellor may appoint such staff as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(2) Subject to subsections (3) and (4), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(3) The Lord Chancellor may not enter into contracts for the provision of staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.

(4) The Lord Chancellor may not enter into contracts for the provision of staff to carry out the administrative work of the tribunals unless an order made by the Lord Chancellor authorises him to do so.

(5) Before making an order under subsection (4) the Lord Chancellor must consult the Senior President of Tribunals as to what effect (if any) the order might have on the proper and efficient administration of justice.

(6) An order under subsection (4) may authorise the Lord Chancellor to enter into contracts for the provision of staff to discharge functions—

(a) wholly or to the extent specified in the order,

(b) generally or in cases or areas specified in the order, and

Provision of accommodation

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(1) The Lord Chancellor may provide, equip, maintain and manage such tribunal buildings, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(2) The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of tribunal buildings, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(3) The powers under—

(a) section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and

(b) section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),

to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).

(4) In this section “tribunal building” means any place where any of the tribunals sits, including the precincts of any building in which it sits.

Fees

42

(1) The Lord Chancellor may by order prescribe fees payable in respect of—

(a) anything dealt with by the First-tier Tribunal,

(b) anything dealt with by the Upper Tribunal,

(d) anything dealt with by an added tribunal, and

(e) mediation conducted by staff appointed under section 40(1).

(2) An order under subsection (1) may, in particular, contain provision as to—

(a) scales or rates of fees;

(b) exemptions from or reductions in fees;

(3) In subsection (1)(d) “added tribunal” means a tribunal specified in an order made by the Lord Chancellor.

(4) A tribunal may be specified in an order under subsection (3) only if—

(a) it is established by or under an enactment, whenever passed or made, and

(b) is not an ordinary court of law.

(5) Before making an order under this section, the Lord Chancellor must consult—

(a) the Senior President of Tribunals, ...

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

(6) The making of an order under subsection (1) requires the consent of the Treasury except where the order contains provision only for the purpose of altering amounts payable by way of fees already prescribed under that subsection.

(7) The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees under subsection (1) to the attention of persons likely to have to pay them.

(8) Fees payable under subsection (1) are recoverable summarily as a civil debt.

(9) Subsection (8) does not apply to the recovery in Scotland of fees payable under this section.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Report by Senior President of Tribunals

43

(1) Each year the Senior President of Tribunals must give the Lord Chancellor a report covering, in relation to relevant tribunal cases—

(a) matters that the Senior President of Tribunals wishes to bring to the attention of the Lord Chancellor, and

(b) matters that the Lord Chancellor has asked the Senior President of Tribunals to cover in the report.

(2) The Lord Chancellor must publish each report given to him under subsection (1).

(3) In this section “relevant tribunal cases” means—

(a) cases coming before the First-tier Tribunal,

(b) cases coming before the Upper Tribunal,

(d) cases coming before employment tribunals , . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5 — Oversight of administrative justice system, tribunals and inquiries

The Administrative Justice and Tribunals Council

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

Abolition of the Council on Tribunals

45

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

Chapter 6 — Supplementary

Delegation of functions by Lord Chief Justice etc.

46

(1) 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 any of his functions under the provisions listed in subsection (2).

(2) The provisions are—

paragraphs 3(4) and 6(3)(a) of Schedule 2;

paragraphs 3(4) and 6(3)(a) of Schedule 3;

paragraphs 2(2) and 5(5) of Schedule 4;

paragraphs 21(2), 22, 24 and 25(2)(a) of Schedule 5.

(3) The Lord President of the Court of Session may nominate any of the following to exercise any of his functions under the provisions listed in subsection (4)—

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

(b) the Senior President of Tribunals.

(4) The provisions are—

paragraphs 3(2) and 6(3)(b) of Schedule 2;

paragraphs 3(2) and 6(3)(b) of Schedule 3;

paragraphs 2(3) and 5(6) of Schedule 4;

paragraphs 23, 24, 25(2)(b) and (c) and 28(1)(b) of Schedule 5.

(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the provisions listed in subsection (6)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

(b) a Lord Justice of Appeal (as defined in section 88 of that Act);

(6) The provisions are—

paragraphs 3(3) and 6(3)(c) of Schedule 2;

paragraphs 3(3) and 6(3)(c) of Schedule 3;

paragraphs 2(4) and 5(7) of Schedule 4;

paragraphs 24 and 25(2)(c) of Schedule 5.

(7) In Schedules 2 to 4 “senior judge” means—

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

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

(d) the Senior President of Tribunals.

Co-operation in relation to judicial training, guidance and welfare

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(1) Persons with responsibilities in connection with a courts-related activity, and persons with responsibilities in connection with the corresponding tribunals activity, must co-operate with each other in relation to the carrying-on of those activities.

(2) In this section “courts-related activity” and “corresponding tribunals activity” are to be read as follows—

(a) making arrangements for training of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for training of tribunal members;

(b) making arrangements for guidance of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for guidance of tribunal members;

(c) making arrangements for the welfare of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for the welfare of tribunal members.

(3) Subsection (1) applies to a person who has responsibilities in connection with a courts-related activity only if—

(a) the person is the chief justice of the territory concerned, or

(b) what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the chief justice of that territory.

(4) Subsection (1) applies to a person who has responsibilities in connection with a corresponding tribunals activity only if—

(a) the person is the Senior President of Tribunals or the President of Welsh Tribunals, or

(b) what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the Senior President of Tribunals or the President of Welsh Tribunals.

(5) For the purposes of this section—

(a) “territory” means—

(i) England and Wales,

(ii) Scotland, or

(iii) Northern Ireland;

(b) the “chief justice”—

(i) of England and Wales is the Lord Chief Justice of England and Wales,

(ii) of Scotland is the Lord President of the Court of Session, and

(iii) of Northern Ireland is the Lord Chief Justice of Northern Ireland;

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

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

(iii) a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges), . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., or

(v) a judge, or other member, of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals).

Consequential and other amendments, and transitional provisions

48

(1) Schedule 8, which makes—

amendments consequential on provisions of this Part, and

other amendments in connection with tribunals and inquiries,

has effect.

(2) Schedule 9, which contains transitional provisions, has effect.

Orders and regulations under Part 1: supplemental and procedural provisions

49

(1) Power—

(a) of the Lord Chancellor to make an order, or regulations, under this Part,

(b) of the Senior President of Tribunals to make an order under section 7(9), or

is exercisable by statutory instrument.

(2) The Statutory Instruments Act 1946 (c. 36) shall apply in relation to the power to make orders conferred on the Senior President of Tribunals by section 7(9) as if the Senior President of Tribunals were a Minister of the Crown.

(3) Any power mentioned in subsection (1) includes power to make different provision for different purposes.

(4) Without prejudice to the generality of subsection (3), power to make an order under section 30 or 31 includes power to make different provision in relation to England, Scotland, Wales and Northern Ireland respectively.

(5) None of the orders or regulations mentioned in subsection (6) may be made unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.

(6) The orders and regulations are—

(a) an order under section 11(8), 13(6) or (14), 30, 31(1), 32, 33, 34, 35, 36, 37 or 42(3);

(aa) regulations under section 29D(4);

(b) an order under paragraph 15 of Schedule 4;

(c) an order under section 42(1)(a) to (d) that provides for fees to be payable in respect of things for which fees have never been payable;

(d) an order under section 31(2), (7) or (9), or paragraph 30(1) of Schedule 5, that contains provision taking the form of an amendment or repeal of an enactment comprised in an Act.

(7) A statutory instrument that—

(a) contains—

(i) an order mentioned in subsection (8), or

(ii) regulations under Part 3 of Schedule 9, and

(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Those orders are—

(a) an order made by the Lord Chancellor under this Part;

(b) an order made by the Senior President of Tribunals under section 7(9).

(9) A statutory instrument that contains an order made by the Scottish Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(10) A statutory instrument that contains an order made by the Welsh Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Part 2 — Judicial appointments

Judicial appointments: “judicial-appointment eligibility condition”

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(1) Subsection (2) applies for the purposes of any statutory provision that—

(a) relates to an office or other position, and

(b) refers to a person who satisfies the judicial-appointment eligibility condition on an N-year basis (where N is the number stated in the provision).

(2) A person satisfies that condition on an N-year basis if—

(a) the person has a relevant qualification, and

(b) the total length of the person's qualifying periods is at least N years.

(3) In subsection (2) “qualifying period”, in relation to a person, means a period during which the person—

(a) has a relevant qualification, and

(b) gains experience in law (see section 52).

(4) For the purposes of subsections (2) and (3), a person has a relevant qualification if the person—

(a) is a solicitor or a barrister (but see section 51), or

(b) holds a qualification that under section 51(1) is a relevant qualification in relation to the office, or other position, concerned.

(5) In this section—

“barrister” means barrister in England and Wales;

“solicitor” means solicitor of the Senior Courts of England and Wales;

“statutory provision” means—a provision of an Act, ora provision of subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 (c. 30)).

(6) Schedule 10, which makes amendments—

for the purpose of substituting references to satisfying the judicial-appointment eligibility condition in place of references to having a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c. 41),

for the purpose of reducing qualifying periods for eligibility for appointment to certain judicial offices from ten and seven years to seven and five years respectively, and

for connected purposes,

has effect.

(7) 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 subsection (5) is to be read as a reference to the Supreme Court.

“Relevant qualification” in section 50: further provision

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(1) The Lord Chancellor may by order provide for a qualification specified in the order to be a relevant qualification for the purposes of section 50(2) and (3) in relation to an office or other position specified in the order.

(2) awarded by a body which, for the purposes of the Legal Services Act 2007, is an approved regulator in relation to the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

(3) An order under subsection (1) may, in relation to a qualification specified in the order, include provision as to when a person who holds the qualification is, for the purposes of section 50, to be taken first to have held it.

(4) Where—

(a) a qualification is specified under subsection (1),

(b) the qualification is one awarded by a body such as is mentioned in subsection (2), and

(i) is not an approved regulator in relation to the exercise of a right of audience (within the meaning of that Act), and

(ii) is not an approved regulator in relation to the conduct of litigation (within the meaning of that Act),

the provision under subsection (1) specifying the qualification ceases to have effect, subject to any provision made under section 46 of the Legal Services Act 2007 (transitional etc. provision in consequence of cancellation of designation as approved regulator)..

(5) For the purposes of section 50 and this section, a person shall be taken first to become a solicitor when the person's name is entered on the roll kept under section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all solicitors) for the first time after the person's admission as a solicitor.

(6) For the purposes of section 50 and 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 section 50—

(a) a barrister,

(b) a solicitor, or

shall be taken not to have a relevant qualification at times when, as a result of disciplinary proceedings, he is prevented from practising as a barrister or (as the case may be) as a solicitor or as a holder of the specified qualification.

(8) The Lord Chancellor may by order make provision supplementing or amending subsections (5) to (7).

(9) Before making an order under subsection (1) or (8), the Lord Chancellor must consult—

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

(b) the Judicial Appointments Commission.

(10) 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 (c. 4)) to exercise his function under subsection (9)(a).

(11) In this section—

“barrister” means barrister in England and Wales;

“solicitor” means solicitor of the Senior Courts of England and Wales.

(12) Power to make an order under this section is exercisable by statutory instrument.

(13) An order under this section may make different provision for different purposes.

(14) No order may be made under this section unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.

(15) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in subsection (11) is to be read as a reference to the Supreme Court.

Meaning of “gain experience in law” in section 50

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(1) This section applies for the purposes of section 50.

(2) A person gains experience in law during a period if the period is one during which the person is engaged in law-related activities.

(3) For the purposes of subsection (2), a person's engagement in law-related activities during a period is to be disregarded if the engagement is negligible in terms of the amount of time engaged.

(4) For the purposes of this section, each of the following is a “law-related activity”—

(a) the carrying-out of judicial functions of any court or tribunal;

(b) acting as an arbitrator;

(d) advising (whether or not in the course of practice or employment as a lawyer) on the application of the law;

(e) assisting (whether or not in the course of such practice) persons involved in proceedings for the resolution of issues arising under the law;

(f) acting (whether or not in the course of such practice) as mediator in connection with attempts to resolve issues that are, or if not resolved could be, the subject of proceedings;

(g) drafting (whether or not in the course of such practice) documents intended to affect persons' rights or obligations;

(h) teaching or researching law;

(i) any activity that, in the relevant decision-maker's opinion, is of a broadly similar nature to an activity within any of paragraphs (a) to (h).

(5) For the purposes of this section, an activity mentioned in subsection (4) is a “law-related activity” whether it—

(a) is done on a full-time or part-time basis;

(b) is or is not done for remuneration;

(6) In subsection (4)(i) “the relevant decision-maker”, in relation to determining whether a person satisfies the judicial-appointment eligibility condition on an N-year basis in a particular case, means—

(a) where the condition applies in respect of appointment by Her Majesty to an office or other position, the person whose function it is to recommend the exercise of Her Majesty's function of making appointments to that office or position;

(b) where the condition applies in respect of appointment, by any person other than Her Majesty, to an office or other position, that person.

(7) In subsection (6) “appointment”, in relation to an office or position, includes any form of selection for that office or position (whether called appointment or selection, or not).

Transfer from salaried to fee-paid judicial office

53

(1) The Constitutional Reform Act 2005 (c. 4) is amended as follows.

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

(3) After section 85(2) (restriction on recommendations and appointments) insert—

(2A) This section is subject to— (a) section 30(4) of the Courts-Martial (Appeals) Act 1951, (b) sections 91(1ZB) and 102(1C) of the Supreme Court Act 1981, (c) section 8(1ZC) of the County Courts Act 1984, and (d) sections 94A and 94B below.

(4) After section 85(3) (power to amend Schedule 14) add—

(4) The Lord Chancellor may by order amend section 94A or 94B if he thinks that the amendment is consequential on an amendment made to Schedule 14 by an order under subsection (3).

(5) Section 97 (Scotland and Northern Ireland) is amended as follows.

(6) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) and (3) apply ”, and

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

(7) After subsection (3) add—

(4) Subsections (2) and (3) apply to the reference in section 94A(1) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice. (5) The Lord President of the Court of Session may nominate any of the following to exercise his function under section 94A(1)(b)— (a) a judge who is a member of the First or Second Division of the Inner House of the Court of Session; (b) the Senior President of Tribunals. (6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his function under section 94A(1)(b)— (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; (b) a Lord Justice of Appeal (as defined in section 88 of that Act); (c) the Senior President of Tribunals.

Continuation of judicial office after normal retirement date

54

(1) Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement date for holders of certain judicial offices etc.) is amended as follows.

(2) In subsection (12), in the definition of “the appropriate person”, after paragraph (c) insert

; (d) the Senior President of Tribunals in the case of a person who holds a judicial office that— (i) is specified in subsection (12A) below, and (ii) is not in the person's case an office to which any of paragraphs (a) to (c) above applies; (e) the Lord Chief Justice of England and Wales in the case of a person who holds a judicial office that is not in the person's case an office to which any of paragraphs (a) to (d) applies;

(3) After subsection (12) insert—

(12A) The judicial offices mentioned in paragraph (d) of the definition of “appropriate person” in subsection (12) above are— (a) Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal; (b) judge, or other member, of the First-tier Tribunal or of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”); (c) deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the 2007 Act, except in a case where the holding of the office by the person in question falls within subsection (7)(ga) above; (d) transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the 2007 Act); (e) deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the 2007 Act; (f) an office held by a person if the person's holding of the office results in the person being a member of, or person who is, a tribunal in a list in Schedule 6 to the 2007 Act that has effect for the purposes of section 30 of that Act (but only if the office is specified in Schedule 5 to this Act); (g) President or other member of the Asylum and Immigration Tribunal; (h) member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996; (i) member of a panel of chairmen of employment tribunals. (12B) Neither paragraph (d) nor paragraph (e) of the definition of “appropriate person” in subsection (12) above applies to an office held by a person if provision about that person's continuation in the office after the compulsory retirement date for the office— (a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or (b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(4) In subsection (13) (Lord Chief Justices to exercise functions under section with concurrence of Lord Chancellor), after “Northern Ireland” insert “ or the Senior President of Tribunals ”.

Appointment of deputy Circuit judges

55

In section 24(1) of the Courts Act 1971 (c. 23) (appointment of deputy Circuit judges and assistant recorders) for paragraph (a) substitute—

(a) the Lord Chancellor may, with the concurrence of the Lord Chief Justice, appoint to be a deputy Circuit judge, during such period or on such occasions as the Lord Chancellor thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge;

Appointment of deputy district judges, etc.

56

Schedule 11 (which makes amendments to the Supreme Court Act 1981 (c. 54) and the County Courts Act 1984 (c. 28) in connection with the appointment and assignment of deputy district judges and the assignment of district judges) has effect.

Deputy, and temporary additional, Masters etc.

57

(1) Section 91 of the Supreme Court Act 1981 (which provides for persons to be appointed as deputies for holders of, or as temporary additional officers in, certain judicial offices) is amended as set out in subsections (2) to (5).

(2) In subsection (1)—

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

(b) for “the Lord Chief Justice may, after consulting the Lord Chancellor,” substitute “ the Lord Chancellor may ”.

(3) After subsection (1) insert—

(1ZA) The Lord Chancellor may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chief Justice. (1ZB) Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (1ZA) applies. (1ZC) In this section a “holder of relevant office” means a person who holds, or has held within two years ending with the date when his appointment under this section takes effect— (a) any office listed in column 1 of Part 2 or 3 of Schedule 2, or (b) the office of district judge.

(4) For subsection (3) substitute—

(3) An appointment under this section may extend until the day on which a person attains the age of seventy-five years if it is an appointment of a holder of relevant office.

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

(6) In section 92(1) of the Supreme Court Act 1981 after “this section” insert “ , to section 91(3) ”.

(7) In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the procedure in sections 86 to 93, and section 96, of that Act applies), after the entry for an assistant recorder appointed under section 24(1) of the Courts Act 1971 (c. 23), insert the following entry—

Person appointed by the Lord Chancellor as a deputy for a holder of, or as a temporary additional officer in, an office listed in column 1 of Part 2 of Schedule 2 to the Supreme Court Act 1981	Section 91(1) of the Supreme Court Act 1981, unless subsection (1ZA) of that section applies to the appointment

Appointment of temporary assistants to Judge Advocate General

58

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

Members and chairmen of certain Appeals Commissions

59

In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the procedure in sections 86 to 93, and section 96, of that Act applies), omit the entries relating to—

Member of the Special Immigration Appeals Commission (appointed under paragraph 1(1) of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (c. 68));

Chairman of the Special Immigration Appeals Commission (appointed under paragraph 2 of that Schedule);

Member of the Proscribed Organisations Appeal Commission (appointed under paragraph 1(1) of Schedule 3 to the Terrorism Act 2000 (c. 11));

Chairman of the Proscribed Organisations Appeal Commission (appointed under paragraph 1(2) of that Schedule);

Member of the Pathogens Access Appeal Commission (appointed under paragraph 1(1) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (c. 24));

Chairman of the Pathogens Access Appeal Commission (appointed under paragraph 1(2) of that Schedule).

Appointment as Chairman of Law Commission

60

(1) Section 1 of the Law Commissions Act 1965 (c. 22) is amended as follows.

(2) After subsection (1) insert—

(1A) The person appointed to be the Chairman shall be a person who holds office as a judge of the High Court or Court of Appeal in England and Wales.

(3) In subsection (2) before “Commissioners” insert “ the other ”.

Orders permitting disclosures to Judicial Appointments Commission

61

In section 90(5)(a) of the Justice (Northern Ireland) Act 2002 (c. 26) (which provides that certain orders under that Act are subject to annulment in pursuance of a resolution of either House of Parliament), after “section 2(2)(a) or (c),” insert “ 5A(6), ”.

Part 3 — Enforcement by taking control of goods

Chapter 1 — Procedure

Enforcement by taking control of goods

62

(1) Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

(2) The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.

(3) Schedule 13—

(a) amends some powers previously called powers to distrain, so that they become powers to use that procedure;

(b) makes other amendments relating to Schedule 12 and to distress or execution.

(4) The following are renamed—

(a) writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are renamed writs of control;

(b) warrants of execution are renamed warrants of control;

(c) warrants of distress, unless the power they confer is exercisable only against specific goods, are renamed warrants of control.

Enforcement agents

63

(1) This section and section 64 apply for the purposes of Schedule 12.

(2) An individual may act as an enforcement agent only if one of these applies—

(a) he acts under a certificate under section 64;

(b) he is exempt;

(3) An individual is exempt if he acts in the course of his duty as one of these—

(a) a constable;

(b) an officer of Revenue and Customs;

(ba) a person authorised to use the procedure in Schedule 12 by the Welsh Revenue Authority (or by a person to whom the Welsh Revenue Authority has delegated the function of authorising the use of the procedure);

(4) An individual is exempt if he acts in the course of his duty as an officer of a government department.

(5) For the purposes of an enforcement power conferred by a warrant, an individual is exempt if in relation to the warrant he is a civilian enforcement officer, as defined in section 125A of the Magistrates' Courts Act 1980 (c. 43).

(6) A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Certificates to act as an enforcement agent

64

(1) A certificate may be issued under this section by a judge of the county court.

(2) The Lord Chancellor must make regulations about certificates under this section.

(3) The regulations may in particular include provision—

(a) for fees to be charged for applications;

(b) for certificates to be issued subject to conditions, including the giving of security;

(d) about complaints against holders of certificates;

(e) about suspension and cancellation of certificates;

(f) to modify or supplement Schedule 12 for cases where a certificate is suspended or cancelled or expires;

(g) requiring courts to make information available relating to certificates.

(4) A certificate under section 7 of the Law of Distress Amendment Act 1888 (c. 21) which is in force on the coming into force of this section has effect as a certificate under this section, subject to any provision made by regulations.

Common law rules replaced

65

(1) This Chapter replaces the common law rules about the exercise of the powers which under it become powers to use the procedure in Schedule 12.

(2) The rules replaced include—

(a) rules distinguishing between an illegal, an irregular and an excessive exercise of a power;

(b) rules that would entitle a person to bring proceedings of a kind for which paragraph 66 of Schedule 12 provides (remedies available to the debtor);

(d) rules about rescuing goods.

Pre-commencement enforcement not affected

66

Where—

(a) by any provision of this Part a power becomes a power to use the procedure in Schedule 12, and

(b) before the commencement of that provision, goods have been distrained or executed against, or made subject to a walking possession agreement, under the power,

this Part does not affect the continuing exercise of the power in relation to those goods.

Transfer of county court enforcement

67

In section 85(2) of the County Courts Act 1984 (c. 28) (under which writs of control give the district judge, formerly called the registrar, power to execute judgments or orders for payment of money) for “the registrar shall be” substitute “ any person authorised by or on behalf of the Lord Chancellor is ”.

Magistrates' courts warrants of control

68

In the Magistrates' Courts Act 1980 (c. 43) after section 125 insert—

(125ZA) (1) This section applies to a warrant of control issued by a justice of the peace. (2) The person to whom it is directed must endorse the warrant as soon as possible after receiving it. (3) For the purposes of this section a person endorses a warrant by inserting on the back the date and time when he received it. (4) No fee may be charged for endorsing a warrant under this section.

County court warrants of control etc.

69

For section 99 of the County Courts Act 1984 substitute—

(99) (1) This section applies to— (a) a warrant of control issued under section 85(2); (b) a warrant of delivery or of possession, but only if it includes a power to take control of and sell goods to recover a sum of money and only for the purposes of exercising that power. (2) The person to whom the warrant is directed must, as soon as possible after receiving it, endorse it by inserting on the back the date and time when he received it. (3) No fee may be charged for endorsing a warrant under this section.

Power of High Court to stay execution

70

(1) If, at any time, the High Court is satisfied that a party to proceedings is unable to pay—

(a) a sum recovered against him (by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), or

(b) any instalment of such a sum,

the court may stay the execution of any writ of control issued in the proceedings, for whatever period and on whatever terms it thinks fit.

(2) The court may act under subsection (1) from time to time until it appears that the cause of the inability to pay has ceased.

(3) In this section a party to proceedings includes every person, whether or not named as a party, who is served with notice of the proceedings or attends them.

Chapter 2 — Rent arrears recovery

Abolition of common law right

71

The common law right to distrain for arrears of rent is abolished.

Commercial rent arrears recovery

Commercial rent arrears recovery (CRAR)

72

(1) A landlord under a lease of commercial premises may use the procedure in Schedule 12 (taking control of goods) to recover from the tenant rent payable under the lease.

(2) A landlord's power under subsection (1) is referred to as CRAR (commercial rent arrears recovery).

Landlord

73

(1) In this Chapter “landlord”, in relation to a lease, means the person for the time being entitled to the immediate reversion in the property comprised in the lease.

(2) That is subject to the following.

(3) In the case of a tenancy by estoppel, a person is “entitled to the immediate reversion” if he is entitled to it as between himself and the tenant.

(4) If there are joint tenants of the immediate reversion, or if a number of persons are entitled to the immediate reversion as between themselves and the tenant—

(a) “landlord” means any one of them;

(b) CRAR may be exercised to recover rent due to all of them.

(5) If the immediate reversion is mortgaged, “landlord” means—

(a) the mortgagee, if he has given notice of his intention to take possession or enter into receipt of rents and profits;

(b) otherwise, the mortgagor.

(6) Subsection (5) applies whether the lease is made before or after the mortgage is created, but CRAR is not exercisable by a mortgagee in relation to a lease that does not bind him.

(7) Where a receiver is appointed by a court in relation to the immediate reversion, CRAR is exercisable by the receiver in the name of the landlord.

(8) Any authorisation of a person to exercise CRAR on another's behalf must be in writing and must comply with any prescribed requirements.

(9) This Chapter applies to any other person entitled to exercise CRAR as it applies to a landlord.

Lease

74

(1) “Lease” means a tenancy in law or in equity, including a tenancy at will, but not including a tenancy at sufferance.

(2) A lease must be evidenced in writing.

(3) References to a lease are to a lease as varied from time to time (whether or not the variation is in writing).

(4) This section applies for the purposes of this Chapter.

Commercial premises

75

(1) A lease (A) is of commercial premises if none of the demised premises is—

(a) let under lease A as a dwelling,

(b) let under an inferior lease (B) as a dwelling, or

(2) The “demised premises” in this section include anything on them.

(3) “Let as a dwelling” means let on terms permitting only occupation as a dwelling or other use combined with occupation as a dwelling.

(4) Premises are not within subsection (1)(b) if letting them as a dwelling is a breach of a lease superior to lease B.

(5) Premises are not within subsection (1)(c) if occupying them as a dwelling is a breach of lease A or a lease superior to lease A.

(6) This section applies for the purposes of this Chapter.

Rent

76

(1) “Rent” means the amount payable under a lease (in advance or in arrear) for possession and use of the demised premises, together with—

(a) any interest payable on that amount under the lease, and

(b) any value added tax chargeable on that amount or interest.

(2) “Rent” does not include any sum in respect of rates, council tax, services, repairs, maintenance, insurance or other ancillary matters (whether or not called “rent” in the lease).

(3) The amount payable for possession and use of the demised premises, where it is not otherwise identifiable, is to be taken to be so much of the total amount payable under the lease as is reasonably attributable to possession and use.

(4) Where a rent is payable under or by virtue of Part 2 of the Landlord and Tenant Act 1954 (c. 56), the amount payable under the lease for possession and use of those premises is to be taken to be that rent.

(5) This section applies for the purposes of this Chapter except sections 71 and 85.

The rent recoverable

77

(1) CRAR is not exercisable except to recover rent that meets each of these conditions—

(a) it has become due and payable before notice of enforcement is given;

(b) it is certain, or capable of being calculated with certainty;

(c) it is not excluded from recovery using CRAR by paragraph 4 of Schedule 2 to the Commercial Rent (Coronavirus) Act 2022 (temporary moratorium on enforcement of protected rent debts).

(2) The amount of any rent recoverable by CRAR is reduced by any permitted deduction.

(3) CRAR is exercisable only if the net unpaid rent is at least the minimum amount immediately before each of these—

(a) the time when notice of enforcement is given;

(b) the first time that goods are taken control of after that notice.

(4) The minimum amount is to be calculated in accordance with regulations.

(5) The net unpaid rent is the amount of rent that meets the conditions in subsection (1), less—

(a) any interest or value added tax included in that amount under section 76(1)(a) or (b), and

(b) any permitted deductions.

(6) Regulations may provide for subsection (5)(a) not to apply in specified cases.

(7) Permitted deductions, against any rent, are any deduction, recoupment or set-off that the tenant would be entitled to claim (in law or equity) in an action by the landlord for that rent.

Intervention of the court

78

(1) If notice of enforcement is given in exercise (or purported exercise) of CRAR the court may make either or both of these orders on the application of the tenant—

(a) an order setting aside the notice;

(b) an order that no further step may be taken under CRAR, without further order, in relation to the rent claimed.

(2) Regulations may make provision about—

(a) the further orders that may be made for the purposes of subsection (1)(b);

(b) grounds of which the court must be satisfied before making an order or further order.

(3) In this section “the court” means the High Court or the county court, as rules of court may provide.

Use of CRAR after end of lease

79

(1) When the lease ends, CRAR ceases to be exercisable, with these exceptions.

(2) CRAR continues to be exercisable in relation to goods taken control of under it—

(a) before the lease ended, or

(b) under subsection (3).

(3) CRAR continues to be exercisable in relation to rent due and payable before the lease ended, if the conditions in subsection (4) are met.

(4) These are the conditions—

(a) the lease did not end by forfeiture;

(b) not more than 6 months has passed since the day when it ended;

(d) that person remains in possession of any part of the demised premises;

(e) any new lease under which that person remains in possession is a lease of commercial premises;

(f) the person who was the landlord at the end of the lease remains entitled to the immediate reversion.

(5) In deciding whether a person remains in possession under a new lease, section 74(2) (lease to be evidenced in writing) does not apply.

(6) In the case of a tenancy by estoppel, the person who was the landlord remains “entitled to the immediate reversion” if the estoppel with regard to the tenancy continues.

(7) A lease ends when the tenant ceases to be entitled to possession of the demised premises under the lease together with any continuation of it by operation of an enactment or of a rule of law.

Agricultural holdings

80

(1) This section applies to the exercise of CRAR where the premises concerned are an agricultural holding.

(2) CRAR is not exercisable to recover rent that became due more than a year before notice of enforcement is given.

(3) For the purposes of subsection (2), deferred rent becomes due at the time to which payment is deferred.

(4) “Deferred rent” means rent the payment of which has been deferred, according to the ordinary course of dealing between the landlord and the tenant, to the end of a quarter or half-year after it legally became due.

(5) The permitted deductions under section 77(7) at any time include any compensation due to the tenant in respect of the holding, under the 1986 Act or under custom or agreement, that has been ascertained at that time.

(6) In this section—

the “1986 Act” means the Agricultural Holdings Act 1986 (c. 5);

“agricultural holding” has the meaning given by section 1 of the 1986 Act.

Right to rent from sub-tenant

81

(1) This section applies where CRAR is exercisable by a landlord to recover rent due and payable from a tenant (the immediate tenant).

(2) The landlord may serve a notice on any sub-tenant.

(3) The notice must state the amount of rent that the landlord has the right to recover from the immediate tenant by CRAR (the “notified amount”).

(4) When it takes effect the notice transfers to the landlord the right to recover, receive and give a discharge for any rent payable by the sub-tenant under the sub-lease, until—

(a) the notified amount has been paid (by payments under the notice or otherwise), or

(b) the notice is replaced or withdrawn.

(5) A notice under this section takes effect at the end of a period to be determined by regulations.

(6) Regulations may state—

(a) the form of a notice under this section;

(b) what it must contain;

(d) what must be done to withdraw it.

(7) In determining for the purposes of this section whether CRAR is exercisable, section 77 applies with these modifications—

(a) if notice of enforcement has not been given, references to that notice are to be read as references to the notice under this section;

(b) if goods have not been taken control of, section 77(3)(b) does not apply.

(8) In this section and sections 82 to 84—

(a) “sub-tenant” means a tenant (below the immediate tenant) of any of the premises comprised in the headlease (and “sub-lease” is to be read accordingly);

(b) “headlease” means the lease between the landlord and the immediate tenant.

Off-setting payments under a notice

82

(1) For any amount that a sub-tenant pays under a notice under section 81, he may deduct an equal amount from the rent that would be due to his immediate landlord under the sub-lease.

(2) If an amount is deducted under subsection (1) or this subsection from rent due to a superior sub-tenant, that sub-tenant may deduct an equal amount from any rent due from him under his sub-lease.

(3) Subsection (1) applies even if the sub-tenant's payment or part of it is not due under the notice, if it is not due because—

(a) the notified amount has already been paid (wholly or partly otherwise than under the notice), or

(b) the notice has been replaced by a notice served on another sub-tenant.

(4) That is subject to the following.

(5) Subsection (1) does not apply if the landlord withdraws the notice before the payment is made.

(6) Where the notified amount has already been paid (or will be exceeded by the payment), subsection (1) does not apply (or does not apply to the excess) if the sub-tenant has notice of that when making the payment.

(7) Subsection (1) does not apply if, before the payment is made, payments under the notice at least equal the notified amount.

(8) Subsection (1) does not apply to a part of the payment if, with the rest of the payment, payments under the notice at least equal the notified amount.

(9) Where the notice has been replaced by one served on another sub-tenant, subsection (1) does not apply if the sub-tenant has notice of that when making the payment.

Withdrawal and replacement of notices

83

(1) A notice under section 81 is replaced if the landlord serves another notice on the same sub-tenant for a notified amount covering the same rent or part of that rent.

(2) A notice under section 81 served on one sub-tenant is also replaced if—

(a) the landlord serves a notice on another sub-tenant for a notified amount covering the same rent or part of that rent, and

(b) in relation to any of the premises comprised in the first sub-tenant's sub-lease, the second sub-tenant is an inferior or superior sub-tenant.

(3) The landlord must withdraw a notice under section 81 if any of these happens—

(a) the notice is replaced;

(b) the notified amount is paid, unless it is paid wholly by the sub-tenant.

Recovery of sums due and overpayments

84

(1) For the purposes of the recovery of sums payable by a sub-tenant under a notice under section 81 (including recovery by CRAR), the sub-tenant is to be treated as the immediate tenant of the landlord, and the sums are to be treated as rent accordingly.

(2) But those sums (as opposed to rent due from the immediate tenant) are not recoverable by notice under section 81 served on an inferior sub-tenant.

(3) Any payment received by the landlord that the sub-tenant purports to make under a notice under section 81, and that is not due under the notice for any reason, is to be treated as a payment of rent by the immediate tenant, for the purposes of the retention of the payment by the landlord and (if no rent is due) for the purposes of any claim by the immediate tenant to recover the payment.

(4) But subsection (3) does not affect any claim by the sub-tenant against the immediate tenant.

Supplementary

Contracts for similar rights to be void

85

(1) A provision of a contract is void to the extent that it would do any of these—

(a) confer a right to seize or otherwise take control of goods to recover amounts within subsection (2);

(b) confer a right to sell goods to recover amounts within subsection (2);

(2) The amounts are any amounts payable—

(a) as rent;

(b) under a lease (other than as rent);

(d) under an instrument creating a rentcharge;

(e) in respect of breach of a covenant or condition in a lease, in an agreement collateral to a lease or in an instrument creating a rentcharge;

(f) under an indemnity in respect of a payment within paragraphs (a) to (e).

(3) A provision of a contract is not void under subsection (1)(c) to the extent that it prevents or restricts the exercise of CRAR.

(4) In this section—

“lease” also includes a licence to occupy land;

“rent” and “rentcharge” have the meaning given by section 205(1) of the Law of Property Act 1925 (c. 20).

Amendments

86

Schedule 14 makes minor and consequential amendments (including repeals of powers to distrain for rentcharges and other amounts within section 85(2)).

Interpretation of Chapter

87

In this Chapter—

“landlord” has the meaning given by section 73;

“lease” has the meaning given by section 74 (subject to section 85(4));

“notice of enforcement” means notice under paragraph 7 of Schedule 12;

“rent” (except in sections 71 and 85) has the meaning given by section 76;

“tenant”, in relation to a lease, means the tenant for the time being under the lease.

Chapter 3 — General

Abolition of Crown preference

88

Crown preference for the purposes of execution against goods is abolished.

Application to the Crown

89

(1) This Part binds the Crown.

(2) But the procedure in Schedule 12 may not be used—

(a) to recover debts due from the Crown,

(b) to take control of or sell goods of the Crown (including goods owned by the Crown jointly or in common with another person), or

Regulations

90

(1) In this Part—

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Lord Chancellor.

(2) The following apply to regulations under this Part.

(3) Any power to make regulations is exercisable by statutory instrument.

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

(5) ... a statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Regulations may include any of these that the Lord Chancellor considers necessary or expedient—

(a) supplementary, incidental or consequential provision;

(b) transitory, transitional or saving provision.

(7) Regulations may make different provision for different cases.

Part 4 — Enforcement of judgments and orders

Attachment of earnings orders

Attachment of earnings orders: deductions at fixed rates

91

(1) Schedule 15 makes amendments to the Attachment of Earnings Act 1971 (c. 32).

(2) Those amendments are about the basis on which periodical deductions are to be made under an attachment of earnings order.

(3) In particular, they provide that deductions under certain orders are to be made in accordance with a fixed deductions scheme made by the Lord Chancellor (rather than in accordance with Part I of Schedule 3 to the 1971 Act).

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

92

(1) After section 15 of the Attachment of Earnings Act 1971 insert—

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