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

(3A) In subsection (3)(a), the reference to want of sufficient distress to satisfy a fine or other sum includes a reference to circumstances where— (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine or other sum from a person, but (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

Patents Act 1977 (c. 37)

39

The Patents Act 1977 is amended as follows.

40

In section 41 (amount of compensation of employees), in subsection (9) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

41

In section 61 (proceedings for infringement of patent), in subsection (7)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

42

In section 93 (enforcement of orders for costs), in paragraph (a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

43

In section 107 (costs and expenses in proceedings before the comptroller), in subsection (2) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Customs and Excise Management Act 1979 (c. 2)

44

In section 149 of the Customs and Excise Management Act 1979 (non-payment of penalties etc: maximum terms of imprisonment) after subsection (1) insert—

(1A) In subsection (1)(b) as it applies to a magistrates' court in England or Wales the reference to default of sufficient distress to satisfy the amount of the penalty is a reference to want of sufficient goods to satisfy the amount, within the meaning given by section 79(4) of the Magistrates' Courts Act 1980.

Magistrates' Courts Act 1980 (c. 43)

45

The Magistrates' Courts Act 1980 is amended as follows.

46

(1) Section 76 (enforcement of sums adjudged to be paid) is amended as follows.

(2) In subsection (1) for “issue a warrant of distress for the purpose of levying the sum” substitute “ issue a warrant of control for the purpose of recovering the sum ”.

(3) In subsection (2)(a)—

(a) for “warrant of distress” substitute “ warrant of control ”;

(b) for “satisfy the sum with the costs and charges of levying the sum” substitute “ pay the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 ”.

(4) In subsection (2)(b) for “warrant of distress” substitute “ warrant of control ”.

47

In section 77 (postponement of issue of warrant), in subsection (1) for “warrant of distress” substitute “ warrant of control ”.

48

(1) Section 79 (release from custody and reduction of detention on payment) is amended as follows.

(2) In subsection (1)—

(a) for “distress” in the first place substitute “ goods ”;

(b) for “and distress” substitute “ ,or (as the case may be) on the payment of the amount outstanding, ”.

(3) In subsection (2)—

(a) for “distress” in the first place substitute “ goods ”;

(b) for the words from “to so much of the said sum” to the end substitute

— (a) to the amount outstanding at the time the period of detention was imposed, if the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) had been used for recovering the sum; (b) otherwise, to so much of the sum as was due at that time.

(4) After subsection (3) insert—

(4) In this Act, references to want of sufficient goods to satisfy a sum of money are references to circumstances where— (a) a warrant of control has been issued for the sum to be recovered from a person, but (b) it appears on the return to the warrant that the person's money and goods are insufficient to pay the amount outstanding. (5) In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

49

In section 80 (application of money found on defaulter to satisfy sum adjudged), in subsection (2) for “distress” substitute “ goods ”.

50

In section 81 (enforcement of fines imposed on young offenders) in subsections (1) and (3) for “distress” substitute “ goods ”.

51

(1) Section 82 (restriction on power to impose imprisonment for default) is amended as follows.

(2) In subsection (3), for “distress” substitute “ goods ”.

(3) In subsection (4A)(a), for “warrant of distress” substitute “ warrant of control ”.

52

In section 87 (enforcement of payment of fines by High Court and county court) in subsection (1) for “writ of fieri facias” substitute “ writ of control ”.

53

(1) Section 87A (fines imposed on companies) is amended as follows.

(2) In subsection (1)(b), for “warrant of distress” substitute “ warrant of control ”.

(3) For subsection (1)(c) substitute—

(c) it appears on the return to the warrant that the company's money and goods are insufficient to pay the amount outstanding,

(4) At the end insert—

(3) In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

54

In section 88 (supervision pending payment) in subsections (4) and (6) for “distress” substitute “ goods ”.

55

In section 96 (civil debt: complaint for non-payment), in subsection (1) for “distress” substitute “ goods ”.

56

In section 120 (forfeiture of recognizance), in subsection (4) for “warrant of distress” substitute “ warrant of control ”.

57

(1) In section 125 (warrants) subsection (2) is amended as follows.

(2) For “warrant of distress”, in the first place, substitute “ warrant of control ”.

(3) Omit the words from “This subsection” to the end.

58

(1) Section 125A (civilian enforcement officers) is amended as follows.

(2) In subsection (3), for “distress” substitute “ control ”.

(3) In subsection (3A), for “distress” substitute “ control ”.

(4) In subsection (4), for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

59

In section 125B (execution by approved enforcement agency), in subsection (4) for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

60

In section 125CA (power to make disclosure order), in subsection (2) for “distress” substitute “ control ”.

61

(1) Section 125D (execution by person not in possession of warrant) is amended as follows.

(2) Omit subsection (3)(c).

(3) In subsection (4), for “against whom distress is levied” substitute “ , in the case of a warrant of control, against whom the warrant is issued ”.

62

In section 133 (consecutive terms of imprisonment) in subsections (4) and (5) for “distress” substitute “ goods ”.

63

(1) Section 150 (interpretation) is amended as follows.

(2) In subsection (1) in the definitions of “impose imprisonment” and “sentence”, for “distress” substitute “ goods ”.

(3) After subsection (3) insert—

(3A) References in this Act to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4).

64

Omit section 151.

65

In Schedule 4A (powers of authorised officers executing warrants), omit paragraph 3.

Supreme Court Act 1981 (c. 54)

66

(1) Section 43ZA of the Supreme Court Act 1981 (power of High Court to vary committal in default) is amended as follows.

(2) In subsection (1) for “distress” in both places substitute “ goods ”.

(3) After subsection (2) insert—

(3) In subsection (1) references to want of sufficient goods to satisfy a sum are references to circumstances where— (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

British Fishing Boats Act 1983 (c. 8)

67

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County Courts Act 1984 (c. 28)

68

The County Courts Act 1984 is amended as follows.

69

(1) Section 85 (execution of judgments or orders for payment of money) is amended as follows.

(2) In subsection (1), for the words from “by execution” to the end substitute “ under a warrant under subsection (2). ”

(3) In subsection (2)—

(a) for “warrant of execution in the nature of a writ of fieri facias” substitute “ warrant of control ”;

(b) for the words from “levy” to the end substitute “ use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the money payable under the judgment or order. ”

(4) After that subsection insert—

(2A) The person to whom a warrant under subsection (2) must be directed is to be determined in accordance with arrangements made by a person authorised by or on behalf of the Lord Chancellor.

(5) Omit subsection (3).

70

(1) Section 86 (execution of orders for payment by instalments) is amended as follows.

(2) In subsection (1) for “execution on the order” substitute “ a warrant of control to recover any of that sum ”.

(3) In subsection (2)—

(a) for “execution is to issue” substitute “ a warrant of control is to be issued ”;

(b) for “execution may issue” substitute “ a warrant of control may be issued ”.

(4) In subsection (3)—

(a) for “execution or successive executions may issue” substitute “ a warrant or successive warrants of control may be issued ”;

(b) for the words from “no execution” to “it issues” substitute “ no warrant of control may be issued unless when it is issued ”.

71

(1) Section 87 (execution to be superseded on payment) is amended as follows.

(2) In subsection (1)—

(a) for “warrant of execution” substitute “ warrant of control ”;

(b) for “levied” substitute “ recovered ”.

(3) Omit subsection (2).

(4) For the heading “Execution to be superseded on payment” substitute “ Indorsement of amount on warrant ”.

72

Omit sections 89 to 91.

73

In section 92 (penalty for rescuing goods seized), after subsection (2) insert—

(3) This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

74

Omit sections 93 to 98 and 100.

75

In section 101 (interpleader by district judge), after subsection (3) insert—

(4) This section does not apply in the case of goods seized under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

76

Omit sections 102 and 103.

77

In section 104 (information as to writs and warrants of execution) in subsection (2) for “A bailiff of the county court” substitute “ The person to whom a warrant issued by the county court is directed ”.

78

Omit section 123.

79

(1) Section 124 (liability of bailiff for neglect to levy execution) is amended as follows.

(2) In subsection (1)—

(a) for the words from “a bailiff” to “the execution” substitute “ the county court issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it ”;

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

(3) In subsection (2)—

(a) for “the bailiff” substitute “ that person ”;

(b) for “execution” substitute “ warrant was ”.

80

In section 125 (irregularity in executing warrants) in subsection (1) after “but” insert “ , except in the case of a warrant of control (to which Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 applies), ”.

81

(1) Section 126 (actions against bailiffs acting under warrants) is amended as follows.

(2) In subsection (3) omit the words from “but” to the end.

(3) In subsection (4)—

(a) after “section” insert “ “bailiff” in relation to a warrant means the person to whom the warrant is directed, and ”;

(b) omit “ “bailiff””;

(4) After subsection (4) insert—

(5) This section does not apply to an action for anything done under a power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

82

In section 147 (interpretation) in subsection (1) omit the definition of “bailiff”.

Finance Act 1984 (c. 43)

83

In the Finance Act 1984 omit section 16 (unpaid car tax and VAT: distress).

Gas Act 1986 (c. 44)

84

In paragraph 29 of Schedule 2B to the Gas Act 1986 (gas meters and fittings not to be subject to distress) in sub-paragraph (1)(a) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Insolvency Act 1986 (c. 45)

85

In section 436(1) of the Insolvency Act 1986 (expressions used generally) insert in the appropriate place—

“distress” includes use of the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, and references to levying distress, seizing goods and related expressions shall be construed accordingly;

Dartford-Thurrock Crossing Act 1988 (c. 20)

86

(1) Section 15 of the Dartford-Thurrock Crossing Act 1988 (termination: supplementary provisions) is amended as follows.

(2) In subsection (2)—

(a) after “distress” in the first place insert “ or any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”;

(b) after “levied” insert “ or that power was exercised ”.

(3) In subsection (3) after “levied” insert “ or the power there mentioned was exercisable ”.

Local Government Finance Act 1988 (c. 41)

87

The Local Government Finance Act 1988 is amended as follows.

88

After section 62 insert—

(62A) Where a liability order has been made against a person under regulations under Schedule 9, the billing authority may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.

89

(1) Schedule 9 (non-domestic rating: administration) is amended as follows.

(2) In paragraph 1 for “recovery” substitute “ the recovery, otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.

(3) In paragraph 3—

(a) omit sub-paragraph (2)(b);

(b) in sub-paragraph (4)(b), after “method” in the second place insert “ provided for in section 62A above or ”.

Electricity Act 1989 (c. 29)

90

In paragraph 11 of Schedule 6 to the Electricity Act 1989 (electrical plant etc not to be liable to be taken in execution), in sub-paragraph (2)(b) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Companies Act 1989 (c. 40)

91

In section 180 of the Companies Act 1989 (proceedings against market property by unsecured creditors) in subsection (1) after “levied,” insert “ and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

New Roads and Street Works Act 1991 (c. 22)

92

(1) Paragraph 3 of Schedule 1 to the New Roads and Street Works Act 1991 (recovery of property taken in distress etc.) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “distress” in the first place insert “ or under any power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”;

(b) after “levied” insert “ or that power was exercised ”.

(3) In sub-paragraph (2)—

(a) For “This” substitute “ Sub-paragraph (1) ”;

(b) after “levied” insert “ or the power mentioned there was exercisable ”.

Child Support Act 1991 (c. 48)

93

The Child Support Act 1991 is amended as follows.

94

(1) Section 35 (enforcement of liability orders by distress) is amended as follows.

(2) In the heading for “distress” substitute “ taking control of goods ”.

(3) In subsection (1) for the words from “levy” to the end substitute “ use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid. ”

(4) Omit subsections (2) to (8).

95

In section 39A (commitment to prison and disqualification from driving), in subsection (1)(a), for “levy an amount by distress under this Act” substitute “ recover an amount by virtue of section 35(1) ”.

96

In section 40 (commitment to prison) for subsection (4)(a)(i) substitute—

(i) the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and

97

In section 40B (disqualification from driving: further provision) for subsection (3)(a) substitute—

(a) the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods); and

Water Industry Act 1991 (c. 56)

98

In section 179 of the Water Industry Act 1991 (vesting of works in undertaker), in subsection (4)(b) after “liable” insert “ to be taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, or ”.

Water Resources Act 1991 (c. 57)

99

In Schedule 15 to the Water Resources Act 1991 (supplemental provisions with respect to drainage charges), in paragraph 12(2)(b) for “warrant of distress” substitute “ warrant of control ”.

Land Drainage Act 1991 (c. 59)

100

In section 54 of the Land Drainage Act 1991 (powers for enforcing payment of drainage rates), in subsection (2)(b) for “warrant of distress” substitute “ warrant of control ”.

101

The Social Security Administration Act 1992 is amended as follows.

102

In section 71 (overpayments: general), in subsection (10)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

103

In section 75 (overpayments of housing benefit), in subsection (7)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

104

(1) Section 121A (recovery of contributions etc in England and Wales) is amended as follows.

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

(3) Omit subsections (2) to (8) and (10).

Local Government Finance Act 1992 (c. 14)

105

The Local Government Finance Act 1992 is amended as follows.

106

In section 14 (administration, penalties and enforcement), after subsection (3) insert—

(4) Where a liability order has been made against a person under regulations under Schedule 4, the billing authority concerned may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.

107

(1) Schedule 4 (enforcement: England and Wales) is amended as follows.

(2) In paragraph 1(1) and (2) after “recovery” insert “ , otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.

(3) In paragraph 5 (attachment of earnings etc)—

(a) in sub-paragraph (1A)(a) for “; and” substitute “ (unless paragraph (b) applies); ”;

(b) in sub-paragraph (1A)(b) for sub-paragraph (i) and the words before it substitute—

(b) where a person authorised to act under the power conferred by section 14(4) (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding— (i) the amount outstanding at the time when the attachment of earnings order is made, and

;

(9) In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

(4) Omit paragraph 7 (distress).

(5) In paragraph 8 (commitment to prison)—

(a) in sub-paragraph (1)(a)—

(i) omit the words from “an authority” to “paragraph 7 above”;

(ii) for the words from “the person” to “levy the amount” substitute “ there are insufficient goods to satisfy an amount under section 14(4) ”;

(b) after sub-paragraph (1) insert—

(1A) In sub-paragraph (1) the reference to insufficient goods to satisfy an amount under section 14(4) is a reference to circumstances where a person authorised to act under the power conferred by section 14(4) (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding.

;

(a) the amount outstanding at the time when the warrant of commitment is issued; and

;

(d) at the end insert—

(4) In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

(6) In paragraph 12 (relationship between remedies) in sub-paragraph (1)—

(a) omit paragraph (c);

(b) in paragraph (d), for “distress” substitute “ the power conferred by section 14(4) ”;

(d) in paragraph (f), for “distress” substitute “ exercise of the power conferred by section 14(4) ”.

(7) Omit paragraph 19 (3).

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

108

Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (collective bargaining: recognition) is amended as follows.

109

(1) Paragraph 19E is amended as follows.

(2) In sub-paragraph (5) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3) In sub-paragraph (6) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (5), the power conferred by the warrant is exercisable ”.

110

(1) Paragraph 28 is amended as follows.

(2) In sub-paragraph (6) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3) In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable ”.

111

(1) Paragraph 120 is amended as follows.

(2) In sub-paragraph (6) for “by execution issued from that court” substitute “ under section 85 of the County Courts Act 1984 ”.

(3) In sub-paragraph (6A) for the words from the beginning to “carried out” substitute “ Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable ”.

Railways Act 1993 (c. 43)

112

In section 27 of the Railways Act 1993 (transfer of franchise assets and shares), in subsection (6) after “levied” insert “ and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 may be exercised ”.

Finance Act 1994 (c. 9)

113

(1) The Finance Act 1994 is amended as follows.

114

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115

In section 11 (breaches of walking possession agreements), for subsection (5) substitute—

(5) This section extends only to Northern Ireland.

116

(1) Schedule 7 (insurance premium tax) is amended as follows.

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

(3) In paragraph 19, for sub-paragraph (5) substitute—

(5) This paragraph extends only to Northern Ireland.

Value Added Tax Act 1994 (c. 23)

117

The Value Added Tax Act 1994 is amended as follows.

118

In section 48 (VAT representatives), in subsection (7A) after “enforcement” insert “ by taking control of goods or, in Northern Ireland, ”.

119

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120

In section 68 (breach of walking possession agreements) for subsection (5) substitute—

(5) This section extends only to Northern Ireland.

Pensions Act 1995 (c. 26)

121

In section 10 of the Pensions Act 1995 (civil penalties), in subsection (8A)(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Finance Act 1996 (c. 8)

122

Schedule 5 to the Finance Act 1996 (landfill tax) is amended as follows.

123

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

124

In paragraph 24, for sub-paragraph (4) substitute—

(4) This paragraph extends only to Northern Ireland.

Employment Tribunals Act 1996 (c. 17)

125

In section 15 of the Employment Tribunals Act 1996 (enforcement), in subsection (1) for the words from “by execution”, to “court” in the first place after “by execution”, substitute “ under section 85 of the County Courts Act 1984 ”.

Finance Act 1997 (c. 16)

126

(1) Section 51 of the Finance Act 1997 (enforcement by distress) is amended as follows.

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

(3) In subsection (1) after “by regulations” insert “ not having effect in England and Wales or Scotland ”.

(4) Omit subsection (7).

127

In section 7 of the Social Security (Recovery of Benefits) Act 1997 (recovery of payments due under section 6), in subsection (4) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

National Minimum Wage Act 1998 (c. 39)

128

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Road Traffic (NHS Charges) Act 1999 (c. 3)

129

In section 5 of the Road Traffic (NHS Charges) Act 1999 (recovery of NHS charges), in subsection (4) (so far as it continues to have effect) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Greater London Authority Act 1999 (c. 29)

130

In section 216 of the Greater London Authority Act 1999 (protection of key system assets), in subsection (4) after “levied” insert “ and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

131

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

132

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133

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Financial Services and Markets Act 2000 (c. 8)

134

In Schedule 17 to the Financial Services and Markets Act 2000 (the ombudsman scheme), in paragraphs 16(a) and 16D(a) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Finance Act 2000 (c. 17)

135

Schedule 6 to the Finance Act 2000 (climate change levy) is amended as follows.

136

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

137

In paragraph 90 for sub-paragraph (5) substitute—

(5) This paragraph extends only to Northern Ireland.

Postal Services Act 2000 (c. 26)

138

In section 104 of the Postal Services Act 2000 (inviolability of mails), in subsection (2) after paragraph (b) insert—

(ba) in England and Wales, being taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,

Finance Act 2001 (c. 9)

139

Schedule 5 to the Finance Act 2001 (aggregates levy: recovery and interest) is amended as follows.

140

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

141

In paragraph 15 for sub-paragraph (5) substitute—

(5) This paragraph extends only to Northern Ireland.

Proceeds of Crime Act 2002 (c. 29)

142

The Proceeds of Crime Act 2002 is amended as follows.

143

In section 58 (restraint orders: restrictions), in subsection (2) after “levied” insert “ , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

144

In section 59 (enforcement receivers: restrictions), in subsection (2) after “levied” insert “ , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

145

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146

In section 253 (interim receiving orders: restriction on proceedings and remedies) in subsection (1)(b) after “levied” insert “ , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

Finance Act 2003 (c. 14)

147

(1) Schedule 12 to the Finance Act 2003 (stamp duty land tax: collection and recovery of tax) is amended as follows.

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

(3) In paragraph 2(1) omit “England and Wales or”.

Courts Act 2003 (c. 39)

148

The Courts Act 2003 is amended as follows.

149

In Part 9 of Schedule 5 (operation of collection orders after increase imposed), in paragraph 38(1)(a), for “warrant of distress” substitute “ warrant of control ”.

150

In Schedule 6 (discharge of fines by unpaid work), in paragraph 2(1)(a)(i), for “warrant of distress” substitute “ warrant of control ”.

151

(1) Schedule 7 (High Court writs of execution) is amended as follows.

(2) In paragraph 4, after sub-paragraph (1) insert—

(1A) But it is subject to Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 in the case of a writ conferring power to use the procedure in that Schedule.

(3) For paragraph 6 substitute—

(6) (1) Paragraph 7 applies to any writ of execution against goods which is issued from the High Court. (2) Paragraphs 8 to 11— (a) do not apply to any writ that confers power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, but (b) apply to any other writ of execution against goods which is issued from the High Court.

(4) Omit paragraph 8(5).

152

In section 155 of the Health and Social Care (Community Health and Standards) Act 2003 (recovery of NHS charges), in subsection (7) for “by execution issued from the county court” substitute “ under section 85 of the County Courts Act 1984 ”.

Criminal Justice Act 2003 (c. 44)

153

The Criminal Justice Act 2003 is amended as follows.

154

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

155

In section 305 (interpretation of Part 12) after subsection (1) insert—

(1A) In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where— (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

Traffic Management Act 2004 (c. 18)

156

In the Traffic Management Act 2004 omit—

(a) section 82(3)(a);

(b) section 83.

Income Tax Act 2007 (c. 3)

157

In section 955(4) of the Income Tax Act 2007 (proceedings before set-off claim is made) after “attachment” insert “ or under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”.

SCHEDULE 14

Distress for Rent Act 1689 (c. 5)

1

The Distress for Rent Act 1689 ceases to have effect.

Landlord and Tenant Act 1709 (c. 18)

2

In the Landlord and Tenant Act 1709 omit the following—

(a) section 1;

(b) sections 6 to 8.

Landlord and Tenant Act 1730 (c. 28)

3

In the Landlord and Tenant Act 1730 omit section 5.

Distress for Rent Act 1737 (c. 19)

4

In the Distress for Rent Act 1737 the following cease to have effect—

(a) sections 1 to 10;

(b) sections 16 and 17;

Deserted Tenements Act 1817 (c. 52)

5

The Deserted Tenements Act 1817 ceases to have effect.

Fines and Recoveries Act 1833 (c. 74)

6

(1) In section 67 of the Fines and Recoveries Act 1833 (assignees to recover rent of the lands of a bankrupt), for the words from “or may distrain” to “recovering of rent in arrear;” substitute “ or, so far as the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover any of those rents and profits, may exercise that power, as if they were the landlord, on behalf of the creditors; ”.

(2) This paragraph does not extend to Northern Ireland.

Metropolitan Police Courts Act 1840 (c. 84)

7

The Metropolitan Police Courts Act 1840 ceases to have effect.

Execution Act 1844 (c. 96)

8

The Execution Act 1844 ceases to have effect.

Lands Clauses Consolidation Act 1845 (c. 18)

9

(1) In section 11 of the Lands Clauses Consolidation Act 1845 (payment of rents to be charged on tolls) omit the words from “or it shall be lawful” to the end.

(2) This paragraph extends only to England and Wales.

Inclosure Act 1845 (c. 118)

10

In section 112 of the Inclosure Act 1845 (recovery of rents of allotment) for “by distress” substitute “ under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) ”.

Markets and Fairs Clauses Act 1847 (c. 14)

11

(1) Section 38 of the Markets and Fairs Clauses Act 1847 (recovery of stallage, rents or tolls) is amended as follows.

(2) The existing words become subsection (1).

(3) After “England” insert “ (subject to subsection (2)) ”.

(4) After subsection (1) insert—

(2) Subsection (1) does not apply to the levying of rent in respect of premises in England and Wales to the extent that the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover such rent. (3) Where that power is exercisable to recover such rent, either the undertakers or their lessee, if not the landlord for the purposes of section 72(1) of that Act, may exercise that power as if they or he were the landlord.

(5) This paragraph extends only to England and Wales.

Sequestration Act 1849 (c. 67)

12

(1) Section 1 of the Sequestration Act 1849 (sequestrator enabled to sue etc. in his own name) is amended as follows.

(2) For “levy any distress” substitute “ exercise the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) ”.

(3) Omit the words “levy” and “distress” in the second place where each occurs.

(4) Omit “levied”.

Landlord and Tenant Act 1851 (c. 25)

13

(1) The Landlord and Tenant Act 1851 ceases to have effect.

(2) This paragraph extends only to England and Wales.

Common Law Procedure Act 1852 (c. 76)

14

The Common Law Procedure Act 1852 is amended as follows.

15

In section 210 (proceedings in ejectment by landlord for non-payment of rent), for “and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due” substitute “ and that either of the conditions in section 210A was met in relation to the arrears ”.

16

After that section insert—

(210A) (1) The first condition is that the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) was not exercisable to recover the arrears. (2) The second condition is that there were not sufficient goods on the premises to recover the arrears by that power.

Improvement of Land Act 1864 (c. 114)

17

(1) In section 64 of the Improvement of Land Act 1864 (interest on arrears of rentcharges), for the words from “a sufficient distress” to “charges of such distress” substitute “ goods that would be sufficient to pay the amount outstanding under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) ”.

(2) This paragraph extends only to England and Wales.

Railway Rolling Stock Protection Act 1872 (c. 50)

18

(1) The Railway Rolling Stock Protection Act 1872 ceases to have effect.

(2) This paragraph extends only to England and Wales.

Law of Distress Amendment Act 1888 (c. 21)

19

The Law of Distress Amendment Act 1888 ceases to have effect.

Law of Distress Amendment Act 1908 (c. 53)

20

The Law of Distress Amendment Act 1908 ceases to have effect.

Law of Property Act 1925 (c. 20)

21

The Law of Property Act 1925 is amended as follows.

22

In section 109 (powers etc. of receiver appointed by mortgagee), in subsection (3), for “, distress” substitute “ or under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) ”.

23

Section 121(2) ceases to have effect.

24

In section 150 (surrender of a lease, without prejudice to underleases with a view to the grant of a new lease), in subsection (5), for “by distress or” substitute “ under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) or by ”.

25

In section 162 (restrictions on the perpetuity rule) in subsection (1) omit paragraph (a).

26

In section 189 (indemnities against rents) omit subsection (1).

27

(1) Section 190 (equitable apportionment of rents and remedies for non-payment or breach of covenant) is amended as follows.

(2) Omit subsection (2).

(3) For subsections (4) and (5) substitute—

(4) Subsection (5) applies where— (a) any default is made in payment of the whole or part of a rent by the person (“the defaulter”) who, by reason of a charge or apportionment within subsection (3), is liable to pay it, and (b) the lessee for the time being of any other land comprised in the lease, in whom, as respects that land, the residue of the term or interest created by the lease is vested, (“the paying lessee”) pays or is required to pay the whole or part of the rent which ought to have been paid by the defaulter. (5) Section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) applies, subject to the other provisions of Chapter 2 of Part 3 of that Act, to the recovery by the paying lessee from the defaulter of the rent paid by the paying lessee which ought to have been paid by the defaulter, as if the paying lessee were the landlord, and the defaulter his tenant, under the lease.

(4) In subsection (7) omit “owner or”.

Administration of Estates Act 1925 (c. 23)

28

(1) Section 26 of the Administration of Estates Act 1925 (rights of action by and against personal representative) is amended as follows.

(2) Omit subsection (3).

(3) For subsection (4) substitute—

(4) To recover rent due or accruing to the deceased, a personal representative may exercise any power under section 72(1) (commercial rent arrears recovery) or 81 (right to rent from sub-tenant) of the Tribunals, Courts and Enforcement Act 2007 that would have been exercisable by the deceased if he had still been living.

Leasehold Reform Act 1967 (c. 88)

29

In section 15 of the Leasehold Reform Act 1967 (terms of tenancy to be granted on extension), in subsection (3) for “distress, re-entry or otherwise” substitute “ re-entry or otherwise (subject to section 85 of the Tribunals, Courts and Enforcement Act 2007) ”.

Agriculture Act 1970 (c. 40)

30

In section 85 of the Agriculture Act 1970 (exemption for certain sales), in paragraph (d) after “warrant of distress” insert “ or warrant of control ”.

Rent (Agriculture) Act 1976 (c. 80)

31

Section 8 of the Rent (Agriculture) Act 1976 ceases to have effect.

Rent Act 1977 (c. 42)

32

The Rent Act 1977 is amended as follows

33

In section 141(5) (county court jurisdiction) (until its repeal by the Courts and Legal Services Act 1990 (c. 41) comes into force) for “sections 147 and” substitute “ section ”.

34

Section 147 ceases to have effect.

Limitation Act 1980 (c. 58)

35

The Limitation Act 1980 is amended as follows

36

In section 19 (time limit for actions to recover rent) for “or distress made” substitute “ and the power conferred by section 72(1) of the Tribunals, Courts and Enforcement Act 2007 shall not be exercisable ”.

37

In section 38 (interpretation) omit “rentcharges and” and “rent or”.

County Courts Act 1984 (c. 28)

38

The County Courts Act 1984 is amended as follows.

39

Section 116 ceases to have effect.

40

In section 139, for subsection (1)(c) substitute—

(c) the power under section 72(1) of the Tribunals, Courts and Enforcement Act 2007 (commercial rent arrears recovery) is exercisable to recover the arrears; and (d) there are not sufficient goods on the premises to recover the arrears by that power,

Agricultural Holdings Act 1986 (c. 5)

41

The Agricultural Holdings Act 1986 is amended as follows.

42

Omit sections 16 to 19.

43

In section 24 (restriction of landlord's remedies for breach of contract of tenancy) omit “, by distress or otherwise,”.

Insolvency Act 1986 (c. 45)

44

(1) Section 347 of the Insolvency Act 1986 (distress etc.) is amended as follows.

(2) In subsection (1) for the words from the beginning to “available” substitute “ CRAR (the power of commercial rent arrears recovery under section 72(1) of the Tribunals, Courts and Enforcement Act 2007) is exercisable where the tenant is an undischarged bankrupt ”.

(3) In subsection (2)—

(a) for the words from the beginning to “goods and effects of” substitute “ Where CRAR has been exercised to recover rent from ”;

(b) for “that distress” substitute “ CRAR ”;

(4) In subsection (5) for the words from the beginning to “upon” substitute “ CRAR is not exercisable at any time after the discharge of a bankrupt against ”.

(5) Omit subsections (6) and (7).

(6) Omit subsection (11).

Housing Act 1988 (c. 50)

45

Omit section 19 of the Housing Act 1988.

Water Industry Act 1991 (c. 56)

46

In section 179 of the Water Industry Act 1991 (vesting of works in undertaker) in subsection (4)(b) omit “or to the landlord's remedy for rent”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

47

In section 57 of the Leasehold Reform, Housing and Urban Development Act 1993 (terms on which new lease is to be granted), in subsection (2)(b)(ii) for “distress, re-entry or otherwise” substitute “ re-entry or otherwise (subject to section 85 of the Tribunals, Courts and Enforcement Act 2007) ”.

Constitutional Reform Act 2005 (c. 4)

48

In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the Lord Chancellor), in paragraph 4, omit the entry for the Law of Distress Amendment Act 1888.

SCHEDULE 15

Part 1 — Main amendments

Introduction

1

This Schedule amends the Attachment of Earnings Act 1971 (c. 32).

Amendment of section 6: Effect and contents of order

2

(1) For section 6(1)(a) (instruction to employer to make deductions from debtor's earnings) substitute—

(a) to make periodical deductions from the debtor's earnings, as specified in the order; and

(2) After section 6(1) insert—

(1A) If the county court makes an attachment of earnings order to secure payment of a judgment debt, the order must specify that periodical deductions are to be made in accordance with the fixed deductions scheme. (1B) If a court (whether the county court or another court) makes any other attachment of earnings order, the order must specify that periodical deductions are to be made in accordance with Part 1 of Schedule 3.

(3) In section 6(5) (order to specify normal deduction and protected earnings rates), for “the order” substitute “ a Schedule 3 deductions order ”.

Insertion of new section 6A

3

After section 6 insert—

(6A) (1) In this Act “fixed deductions scheme” means any scheme that the Lord Chancellor makes which specifies the rates and frequencies at which deductions are to be made under attachment of earnings orders so as to secure the repayment of judgment debts. (2) The Lord Chancellor is to make the fixed deductions scheme by regulations. (3) The power to make regulations under subsection (2) is exercisable by statutory instrument. (4) The Lord Chancellor may not make a statutory instrument containing the first regulations under subsection (2) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. (5) A statutory instrument containing any subsequent regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Amendment of section 9: Variation, lapse and discharge of orders

4

After section 9(1) (power of court to vary order) insert—

(1A) Subsection (1) is subject to Schedule 3A (which deals with the variation of certain attachment of earnings orders by changing the basis of deductions).

Insertion of new section 9A

5

After section 9 insert—

(9A) (1) The county court must make an order suspending a fixed deductions order if the court is satisfied of either or both of the following— (a) that the fixed deductions order requires periodical deductions to be made at a rate which is not appropriate; (b) that the fixed deductions order requires periodical deductions to be made at times which are not appropriate. (2) The county court is to make the suspension order on the following terms— (a) if the condition in subsection (1)(a) is met: on terms specifying the rate at which the debtor must make repayments (whether higher or lower than the rate at which the order requires the deductions to be made); (b) if the condition in subsection (1)(b) is met: on terms specifying the times at which the debtor must make repayments; (c) if either or both conditions are met: on any additional terms that the court thinks appropriate. (3) If the employer is given notice of the suspension order, the employer must cease to make the deductions required by the fixed deductions order; but the employer is under no liability for non-compliance before seven days have elapsed since service of the notice. (4) The county court— (a) must revoke the suspension order if any of the terms of the suspension order are broken; (b) may revoke the suspension order in any other circumstances if the court thinks that it is appropriate to do so. (5) Rules of court may make provision as to the circumstances in which the county court may of its own motion— (a) make a suspension order; or (b) revoke a suspension order. (6) The suspension of a fixed deductions order under this section does not prevent the order from being treated as remaining in force subject to the provisions of this section. (7) This section is without prejudice to any other powers of a court to suspend attachment of earnings orders or to revoke the suspension of such orders. (8) In this section, in relation to a fixed deductions order, “repayments” means repayments of the judgment debt to which the order relates.

Amendment of section 25: General interpretation

6

In section 25(1) (meaning of particular words and phrases) insert the following entries at the appropriate place—

“fixed deductions order” means an attachment of earnings order under which periodical deductions are to be made in accordance with the fixed deductions scheme;

;

“fixed deductions scheme” has the meaning given by section 6A(1);

;

“Schedule 3 deductions order” means an attachment of earnings order under which periodical deductions are to be made in accordance with Part 1 of Schedule 3;

;

“suspension order” means an order under section 9A suspending a fixed deductions order;

Insertion of new Schedule 3A

7

After Schedule 3 insert—

SCHEDULE 3A (1) This Part of this Schedule deals with the variation of a certain kind of attachment of earnings order — referred to as a Schedule 3 judgment debt order — by changing the basis of deductions. (2) A Schedule 3 judgment debt order is a Schedule 3 deductions order made by the county court to secure payment of a judgment debt. (3) References to variation of a Schedule 3 judgment debt order by changing the basis of deductions are references to the variation of the order so that it specifies that periodical deductions are to be made in accordance with the fixed deductions scheme. (4) (1) The county court may vary a Schedule 3 judgment debt order by changing the basis of deductions. (2) The county court may make the variation— (a) in consequence of an application made to the court, or (b) of its own motion. (3) The variation takes effect on the date that it is made. (5) (1) The county court must vary a Schedule 3 judgment debt order by changing the basis of deductions if— (a) the order lapses, and (b) the county court directs the order to a person in accordance with section 9(4). (2) The variation must be made at the same time as the county court directs the order in accordance with section 9(4). (3) The variation takes effect on the date that it is made. (6) (1) On the changeover date, all Schedule 3 judgment debt orders are to be treated as if the county court had varied them by changing the basis of deductions. (2) The variation takes effect on the changeover date. (3) The changeover date is the date which the Lord Chancellor specifies for the purposes of this paragraph. (4) The Lord Chancellor is to specify the changeover date in an order made by statutory instrument. (5) A statutory instrument containing an order under sub-paragraph (4) is subject to annulment in pursuance of a resolution of either House of Parliament. (7) Section 9(2) (service by court of notice of variation) applies to the variation of an order under this Part of this Schedule (including variation in accordance with paragraph 6) as it applies to any other variation of an attachment of earnings order. (8) This Part of this Schedule deals with the variation of fixed deductions orders by changing the basis of deductions. (9) References to variation of a fixed deductions order by changing the basis of deductions are references to the variation of the order so that it specifies that periodical deductions are to be made in accordance with Part 1 of Schedule 3. (10) A court may not vary a fixed deductions order by changing the basis of deductions unless the variation is in accordance with this Part of this Schedule. (11) (1) The county court must vary a fixed deductions order by changing the basis of deductions if, under section 5, the county court directs the order to take effect as an order to secure payments required by an administration order. (2) The variation must be made at the same time as the county court gives that direction under section 5. (3) The variation takes effect on the date that it is made. (4) Section 9(2) (service by court of notice of variation) applies to the variation of an order under this paragraph as it applies to any other variation of an attachment of earnings order.

Part 2 — Consequential amendments

Amendment of section 5: Securing payments under administration order

8

In section 5(3) (power of county court to direct existing attachment of earnings order to secure administration order), for the words in brackets substitute “ (with the variation required by paragraph 11 of Schedule 3A and such other variations, if any, as the court thinks appropriate) ”.

Amendment of section 14: Power of court to obtain information

9

In section 14(1) (power of court to order debtor and employer to provide specified information), for “an attachment of earnings order” substitute “ a Schedule 3 deductions order ”.

10

After section 14(1) insert—

(1A) Where in any proceedings the county court has power to make a fixed deductions order, the court may order the debtor to give to the court, within a specified period, a statement signed by him of— (a) the name and address of any person by whom earnings are paid to him; and (b) specified particulars for enabling the debtor to be identified by any employer of his.

11

In section 14(2) (powers of court after attachment of earnings order has been made), for the words from “Where” to “in force—” substitute “ At any time when a Schedule 3 deductions order is in force, the court or the fines officer, as the case may be, may— ”.

12

After section 14(2) insert—

(2A) At any time when a fixed deductions order is in force, the court may— (a) make such an order as is described in subsection (1A) above; and (b) order the debtor to attend before it on a day and at a time specified in the order to give the information described in subsection (1A) above.

13

In section 14(4) (rules of court about notice of application for attachment or earnings order), for the words from “give” to “the application.” substitute “ , within such period and in such manner as may be prescribed, give the court a statement in accordance with subsection (4A) or (4B). ”

14

After section 14(4) insert—

(4A) In a case where the attachment of earnings order would, if made, be a Schedule 3 deductions order, the debtor must give a statement in writing of— (a) the matters specified in subsection (1)(a) above, and (b) any other prescribed matters which are, or may be, relevant under section 6 of this Act to the determination of the normal deduction rate and the protected earnings rate to be specified in any attachment of earnings order made on the application. (4B) In a case where the attachment of earnings order would, if made, be a fixed deductions order, the debtor must give a statement in writing of the matters specified in subsection (1A) above.

15

In section 14(5) (certain statements in proceedings for making or varying etc attachment of earnings orders deemed to be evidence of facts stated), after “subsection (1)(a) or (b)” insert “ or (1A) ”.

Amendment of section 15: Obligation of debtor and employer to notify changes

16

(1) Section 15(1) is amended as follows.

(2) In paragraph (b) (obligation to notify of court of earnings under new employment) at the beginning insert “ if the order is a Schedule 3 deductions order, ”.

(3) In paragraph (c) (obligation of employer to notify court of debtor's new employment and earnings) for “and include” insert “ and, if the order is a Schedule 3 deductions order, include ”.

Amendment of section 17: Consolidated attachment orders

17

(1) Section 17(3) (rules of court made in connection with consolidated attachment orders) is amended as follows.

(2) In paragraph (b) (rules relating to powers of court to which order etc transferred), after “vary” insert “ , suspend ”.

(3) In paragraph (e) (rules modifying or excluding statutory provisions), after “provisions of this Act” insert “ , the fixed deductions scheme ”.

18

After section 17(3) insert—

(4) Section 6(1A) applies to a consolidated attachment order which the county court makes to secure the payment of two or more judgment debts even if, immediately before the order is made, one or more of those debts is secured by a Schedule 3 deductions order.

Amendment of section 23: Enforcement provisions

19

Section 23 is amended as follows.

20

In subsection (1) (failure of debtor to attend hearing)—

(a) for the words from “notice of an application” to “such an order” substitute “ relevant notice, ”;

(b) for “for any hearing of the application” substitute “ in the notice for any hearing, ”.

21

After subsection (1) insert—

(1ZA) In subsection (1) “relevant notice” means any of the following— (a) notice of an application to the county court to make, vary or suspend an attachment of earnings order; (b) notice that the county court is, of its own motion, to consider making, varying or suspending an attachment of earnings order.

22

In subsection (2)(c) and (f) (offences related to attachment of earnings orders)—

(a) after “section 14(1)” insert “ or (1A) ”.

(b) after “attachment of earnings order” insert “ or suspension order ”.

SCHEDULE 16

Attachment of Earnings Act 1971 (c. 32)

1

(1) Section 4 of the Attachment of Earnings Act 1971 (extension of power to make administration order) is amended as follows.

(2) For subsections (2) and (2A) substitute—

(2) The court may make an administration order in respect of the debtor's estate if, after receipt of the list referred to in subsection (1)(b) above, the court is satisfied that the conditions in sections 112B(2) to (7) of the County Courts Act 1984 (conditions to power to make administration orders) are met in relation to the debtor.

(3) In subsection (4) for “section 112” substitute “ section 112J ”.

Magistrates' Courts Act 1980 (c. 43)

2

(1) Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143 of the 1980 Act) is amended as follows.

(2) Insert the following entry at the appropriate place in the entries relating to the County Courts Act 1984 (c. 28)—

Section 112N(1) (administration orders: failure to provide information)	£250

Insolvency Act 1986 (c. 45)

3

(1) Section 429 of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) This section applies if the county court revokes an administration order made in respect of an individual (“the debtor”) on one of the relevant grounds. (2) The court may, at the time it revokes the administration order, make an order directing that this section and section 12 of the Company Directors Disqualification Act 1986 shall apply to the debtor for such period, not exceeding one year, as may be specified in the order. (2A) Each of the following is a relevant ground— (a) the debtor had failed to make two payments (whether consecutive or not) required by the order; (b) at the time the order was made— (i) the total amount of the debtor's qualifying debts was more than the prescribed maximum for the purposes of Part 6 of the 1984 Act, but (ii) because of information provided, or not provided, by the debtor, that amount was thought to be less than, or the same as, the prescribed maximum.

(3) In subsection (3) for “a person” in the first place substitute “ an individual ”.

(4) In subsection (4) for “a person” substitute “ an individual ”.

(5) In subsection (5) for “person” substitute “ individual ”.

4

(1) Section 440 (extent: Scotland) is amended as follows.

(2) In subsection (2)(c) (provisions in the third Group of Parts that do not extend to Scotland) for “section 429(1) and (2)” substitute “ section 429(1) to (2A) ”.

Company Directors Disqualification Act 1986 (c. 46)

5

(1) Section 12 of the Company Directors Disqualification Act 1986 (failure to pay under county court administration order) is amended as follows.

(2) For the title of the section substitute “ Disabilities on revocation of administration order ”.

(3) Omit subsection (1).

(4) In subsection (2), for the words from “that section” to “429(2)(b)” substitute “ section 429 of the Insolvency Act applies by virtue of an order under subsection (2) of that section ”.

Courts and Legal Services Act 1990 (c. 41)

6

Omit section 13 of the Courts and Legal Services Act 1990.

Charities Act 1993 (c. 10)

7

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

Pensions Act 1995 (c. 26)

8

(1) Section 29 of the Pensions Act 1995 (persons disqualified for being trustees of a trust scheme) is amended as follows.

(2) In subsection (1)(f), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order). ”

Police Act 1996 (c. 16)

9

(1) The Police Act 1996 is amended as follows.

(2) In paragraph 11 of Schedule 2 (disqualification for being appointed as or being member of a police authority), in sub-paragraph (1)(c), for “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or ”.

(3) In paragraph 7 of Schedule 2A (disqualification for being appointed as or being member of the Metropolitan Police Authority), in sub-paragraph (1)(c), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or ”.

Housing Act 1996 (c. 52)

10

(1) Paragraph 4 of Schedule 1 to the Housing Act 1996 (power to remove director, trustee etc. of registered social landlord) is amended as follows.

(2) In sub-paragraph (2)(c), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); ”.

Police Act 1997 (c. 50)

11

(1) The Police Act 1997 is amended as follows.

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

(3) In paragraph 3 of Schedule 2 (disqualification for being appointed as or being member of a Service Authority), in sub-paragraph (1)(c), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or ”.

Criminal Justice and Police Act 2001 (c. 16)

12

(1) Paragraph 3 of Schedule 3 to the Criminal Justice and Police Act 2001 (persons disqualified for being appointed as or being member of the Central Police Training and Development Authority) is amended as follows.

(2) In sub-paragraph (1)(b), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); or ”.

Police Reform Act 2002 (c. 30)

13

(1) Schedule 2 to the Police Reform Act 2002 (the Independent Police Complaints Commission) is amended as follows.

(2) In paragraph 1(5) (grounds for removal of chairman), in paragraph (e)(ii), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); ”.

(3) In paragraph 2(6) (grounds for removal of ordinary members), in paragraph (e)(ii), for the words from “section 429(2)(b)” to the end substitute “ section 429(2) of the Insolvency Act 1986 (disabilities on revocation of county court administration order); ”.

Railways and Transport Safety Act 2003 (c. 20)

14

(1) Paragraph 7 of Schedule 4 to the Railways and Transport Safety Act 2003, (eligibility for appointment as member of British Transport Police Authority) is amended as follows.

(2) In sub-paragraph (3)(c), for “section 429(2)(b)” substitute “ section 429(2) ”.

Courts Act 2003 (c. 39)

15

(1) Section 98 of the Courts Act 2003 (register of judgments and orders) is amended as follows.

(2) In subsection (1)(c) (administration orders) for “section 112” substitute “ Part 6 ”.

SCHEDULE 17

SCHEDULE 18

SCHEDULE 19

SCHEDULE 20

Part 1 — Amendments to the Insolvency Act 1986

1

The Insolvency Act 1986 (c. 45) is amended as follows.

2

(1) In section 31 (disqualification of bankrupt) in subsection (1)—

(a) at the end of paragraph (a) (before “or”) insert—

(aa) a moratorium period under a debt relief order applies in relation to him,

;

(b) in paragraph (b) after “order” insert “ or a debt relief restrictions order ”.

(2) In the heading to that section after “bankrupt” insert “ or person in respect of whom a debt relief order is made ”.

3

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

4

In section 384(2)(meaning of prescribed amount)—

(a) at the beginning of the list of provisions insert “ section 251S(4); ”;

(b) in the list omit “and” after “section 361(2);” and

5

(1) Section 385(1) (definitions) is amended as follows.

(2) In the definition of “the debtor”, before paragraph (a) insert—

(za) in relation to a debt relief order or an application for such an order, has the same meaning as in Part 7A,

(3) After the definition of “debtor's petition” insert—

“debt relief order” means an order made by the official receiver under Part 7A;

6

(1) Section 390 (persons not qualified to act as insolvency practitioners) is amended as follows.

(2) In subsection (4) after paragraph (a) insert—

(aa) a moratorium period under a debt relief order applies in relation of him,

(3) In subsection (5) after “order” insert “ or a debt relief restrictions order ”.

7

(1) Section 399 (appointment etc of official receivers) is amended as follows.

(2) In subsection (1) for “or individual voluntary arrangement” (in both places) substitute “ , individual voluntary arrangement, debt relief order or application for such an order ”.

(3) In subsection (4) for “or individual voluntary arrangement” substitute “ , individual voluntary arrangement, debt relief order or application for such an order ”.

8

In section 412(1) (individual insolvency rules) for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

9

(1) Section 415 (fees orders) is amended as follows.

(2) In subsection (1) before paragraph (a) insert—

(za) the costs of persons acting as approved intermediaries under Part 7A,

(3) In that subsection in paragraph (a) for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

10

In section 415A (fees orders: general), before subsection (1) insert—

(A1) The Secretary of State— (a) may by order require a person or body to pay a fee in connection with the grant or maintenance of a designation of that person or body as a competent authority under section 251U, and (b) may refuse to grant, or may withdraw, any such designation where a fee is not paid.

11

In section 418(1) (monetary limits)—

(a) at the beginning of the list of provisions insert— “ section 251S(4) (maximum amount of credit which a person in respect of whom a debt relief order is made may obtain without disclosure of his status); ”;

(b) at the end of the list of provisions insert— “ paragraphs 6 to 8 of Schedule 4ZA (maximum amount of a person's debts, monthly surplus income and property for purposes of obtaining a debt relief order); ”.

12

(1) Section 426A (disqualification from Parliament) is amended as follows.

(2) In subsection (1) after “bankruptcy restrictions order” insert “ or a debt relief restrictions order ”.

(3) In subsection (5) after “interim order” insert “ , or a debt relief restrictions order or an interim debt relief restrictions order, ”.

(4) In subsection (6) after “bankruptcy restrictions undertaking” insert “ or a debt relief restrictions undertaking ”.

13

(1) Section 426B (devolution) is amended as follows.

(2) In subsection (1) after “Wales,” insert “ or makes a debt relief restrictions order or interim debt relief restrictions order in respect of such a member, ”.

(3) In subsection (2) after “bankruptcy restrictions undertaking” insert “ or a debt relief restrictions undertaking ”.

14

(1) Schedule 9 is amended as follows.

(2) In paragraph 1 for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

(3) In paragraph 5 for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

(4) In paragraph 6 for “Parts VIII to XI” substitute “ Parts 7A to 11 ”.

(5) After paragraph 7 insert—

(7A) Provision as to the manner in which the official receiver is to carry out his functions under Part 7A. (7B) Provision as to the manner in which any requirement that may be imposed by the official receiver on a person under Part 7A is to take effect. (7C) Provision modifying the application of Part 7A in relation to an individual who has died at a time when a moratorium period under a debt relief order applies in relation to him. (7D) Provision about debt relief restrictions orders, interim orders and undertakings, including provision about evidence. (7E) Provision about the register required to be maintained by section 251W and the information to be contained in it, including provision— (a) enabling the amalgamation of the register with another register; (b) enabling inspection of the register by the public.

15

(1) The Table in Schedule 10 (punishment of offences) is amended as follows.

(2) In the entry relating to section 31, in the column describing the general nature of the offence, after “bankrupt” insert “ or person in respect of whom a debt relief order is made ”.

(3) Insert the following entries after the entry relating to section 235(5)—

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