The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008

Made: 23rd June 2008

Laid before Parliament: 26th June 2008

Coming into force: 21st July 2008

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 145 and 148(5) and (6) of the Tribunals, Courts and Enforcement Act 2007¹.

Citation and commencement

1

This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008.

2

The following provisions of the Tribunals, Courts and Enforcement Act 2007 come into force on 21st July 2008—

• (a) section 48(1) partially and the repeal in paragraph 27 of Schedule 8 in so far as it applies to the powers of a Minister;

• (b) sections 50, 51 and 52 in so far as they are not already in force;

• (c) paragraph 24 of Schedule 7; and

• (d) Schedule 10.

Transitional provisions

3

Where a process to select a person for appointment to an office or other position—

• (a) would be affected by the commencement provisions in article 2; and

• (b) has been started but the appointment has not been made by 31 July 2008;

then the process may be completed and the appointment made as if the commencement provisions in article 2 were not yet effective.

4

A selection process has been started for the purpose of article 3 if the Lord Chancellor has—

• (a) made a request for selection under section 87 of the Constitutional Reform Act 2005² (the “2005 Act”);

• (b) given the Judicial Appointments Commission notice in accordance with section 94 of the 2005 Act of a request he expects to make under section 87 of that Act; or

• (c) requested assistance under section 98 of the 2005 Act in connection with an appointment.

Signed

Jack Straw — Lord Chancellor — 23rd June 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the fifth commencement order under the Tribunals, Courts and Enforcement Act 2007 (“the Act”).

The Order brings into force on 21 July 2008 sections 50 (now fully), 51 (now fully) and 52 (now fully) of, and Schedule 10 to, the Act. These provisions relate to judicial appointments.

The Order also brings into force paragraph 24 of Schedule 7 and paragraph 27 of Schedule 8 to the Act only in so far as it applies to the powers of a Minister. These provisions relate to the consultation required in the making of tribunal rules. Paragraph 24 of Schedule 7 provides for the procedure required when a Minister exercises powers in relation to rules. Therefore, paragraph 27 of Schedule 8 only repeals section 8 of the Tribunals and Inquires Act 1992³ in relation to a Minister’s exercise of rule making powers, leaving the provision in place in relation to the requirement for consultation by other rule making bodies.

Footnotes