The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 11) Order 2014

Made: 19th March 2014

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 148(5) and (6) of the Tribunals, Courts and Enforcement Act 2007[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 11) Order 2014.

• (2) In this Order, “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007.

Provisions coming into force on 6th April 2014

2

• (1) Subject to paragraphs (2) to (6), the following provisions of the 2007 Act, so far as not already in force, come into force on 6th April 2014—

• (a) sections 62 to 89[^f00002];

• (b) Schedules 12 to 14[^f00003] and Parts 3 and 4 of Schedule 23.

• (2) Section 85 does not come into force in relation to licences to occupy land as commercial premises.

• (3) Land is licensed to be occupied as commercial premises if none of the land to be occupied and nothing on it is either—

• (a) licensed, or otherwise permitted, to be occupied as a dwelling; or

• (b) occupied as a dwelling.

• (4) Land is licensed, or otherwise permitted, to be occupied as a dwelling if it is licensed or otherwise permitted to be occupied on terms permitting—

• (a) only occupation as a dwelling; or

• (b) other use or occupation combined with occupation as a dwelling.

• (5) Land is not within paragraph (3)(a) if permitting occupation as a dwelling is a breach of a superior licence or lease.

• (6) Land is not within paragraph (3)(b) if occupying it as a dwelling is a breach of the licence or of a superior licence or lease.

Signed

Signed by the authority of the Lord Chancellor

Edward Faulks — Minister of State — Ministry of Justice — 19th March 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the eleventh commencement order under the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) and brings into force, with one limited exception, Part 3 of the 2007 Act, which provides for the replacement of various powers of enforcement by way of execution and distraint by a procedure known as taking control of goods, and for the abolition of distress for rent and its replacement by a power (to be known as commercial rent arrears recovery, or CRAR) to use the taking control of goods procedure. The exception is in relation to section 85. Section 85 provides for contractual terms that grant similar rights to distress for rent or CRAR to be void. This Order does not commence section 85 in relation to licences to occupy commercial premises (commercial licences). This is to enable parties to continue to negotiate for a commercial licence to include terms granting similar rights to distress for rent or CRAR, as such rights are not otherwise available in the licence context.

Footnotes

[^f00001]: 2007 c.15.

[^f00002]: Section 64 is amended by the Crime and Courts Act 2013 (c.22), section 17(5), Schedule 9, Part 2, paragraphs 45, 46 and Part 3, paragraph 52.

[^f00003]: Schedule 12 is amended by the Finance Act 2008 (c.9) section 129 and Schedule 43, Part 1, paragraph 10, and the Crime and Courts Act 2013 (c.22), sections 17(5) and 25 and Schedule 9, Part 3, paragraph 52. Schedule 13 is amended by the Constitutional Reform Act 2005 (c.4), section 59 and Schedule 11, Part 1, paragraph 1; the Serious Crime Act 2007 (c.27) section 92 and Schedule 14; the Child Maintenance and Other Payments Act 2008 (c.6), section 62; the Finance Act 2008 (c.9) section 129 and Schedule 43, Part 1, paragraph 11; the Employment Act 2008 (c.24), section 20 and Schedule, Part 2; the Welfare Reform Act 2012 (c.5) section 147 and Schedule 14, Part 1, and the Crime and Courts Act 2013 (c.22) sections 17(5) and 25 and Schedule 9, Part 3, paragraphs 52, 156.