UKPGA-2007-15 Tribunals, Courts and Enforcement Act 2007 UK

Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person to the office of Senior President of Tribunals.

Schedule 1 makes further provision about the Senior President of Tribunals and about recommendations for appointment under subsection (1).

A holder of the office of Senior President of Tribunals must, in carrying out the functions of that office, have regard to—

In subsection (3) “tribunals” means—

There is to be a tribunal, known as the First-tier Tribunal, for the purpose of exercising the functions conferred on it under or by virtue of this Act or any other Act.

There is to be a tribunal, known as the Upper Tribunal, for the purpose of exercising the functions conferred on it under or by virtue of this Act or any other Act.

Each of the First-tier Tribunal, and the Upper Tribunal, is to consist of its judges and other members.

The Senior President of Tribunals is to preside over both of the First-tier Tribunal and the Upper Tribunal.

The Upper Tribunal is to be a superior court of record.

A person is a judge of the First-tier Tribunal if the person—

A person is also a judge of the First-tier Tribunal, but only as regards functions of the tribunal in relation to appeals such as are mentioned in subsection (1) of section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), if the person is an adjudicator appointed under that section by the Scottish Ministers.

A person is one of the other members of the First-tier Tribunal if the person—

Schedule 2—contains provision for the appointment of persons to be judges or other members of the First-tier Tribunal, and makes further provision in connection with judges and other members of the First-tier Tribunal.

A person is a judge of the Upper Tribunal if the person—

A person is one of the other members of the Upper Tribunal if the person—

Schedule 3—contains provision for the appointment of persons to be judges (including deputy judges), or other members, of the Upper Tribunal, and makes further provision in connection with judges and other members of the Upper Tribunal.

A person is within this subsection (and so, by virtue of sections 4(1)(c) and 5(1)(g), is a judge of the First-tier Tribunal and of the Upper Tribunal) if the person—

References in subsection (1)(c) to (i) to office-holders do not include deputies or temporary office-holders.

The Lord Chancellor may, with the concurrence of the Senior President of Tribunals, by order make provision for the organisation of each of the First-tier Tribunal and the Upper Tribunal into a number of chambers.

There is—to be a person, or two persons, to preside over that chamber.

A person may at a particular time—

A person appointed under this section to preside over a chamber is to be known as a Chamber President.

Where two persons are appointed under this section to preside over the same chamber, any reference in an enactment to the Chamber President of the chamber is a reference to a person appointed under this section to preside over the chamber.

The Senior President of Tribunals may (consistently with subsection (2)) appoint a person who is the Chamber President of a chamber to preside instead, or to preside also, over another chamber.

The Senior President of Tribunals may (consistently with subsection (2)) appoint a person who is not a Chamber President to preside over a chamber.

Schedule 4 (eligibility for appointment under subsection (7), appointment of Deputy Chamber Presidents and Acting Chamber Presidents, assignment of judges and other members of the First-tier Tribunal and Upper Tribunal, and further provision about Chamber Presidents and chambers) has effect.

Each of the Lord Chancellor and the Senior President of Tribunals may, with the concurrence of the other, by order—

The Senior President of Tribunals may delegate any function he has in his capacity as Senior President of Tribunals—

A function under paragraph 1(1) or 2(1) of Schedule 2 may be delegated under subsection (1) only to a Chamber President of a chamber of the Upper Tribunal.

Subsection (1) does not apply to functions of the Senior President of Tribunals under any of the following—section 7(7); section 7(9); section 29B; section 29D; paragraph 2(1) of Schedule 3; paragraph 7(1) of Schedule 3; paragraph 2 of Schedule 4; paragraph 5(1) and (3) of Schedule 4; paragraph 5(5) to (8) of Schedule 4; paragraph 5A(2)(a) of Schedule 4; paragraph 5A(3)(a) of Schedule 4. paragraph 3 of Schedule 5; paragraph 2 of Schedule A1 to the Employment Tribunals Act 1996.

A delegation under subsection (1) is not revoked by the delegator's becoming incapacitated.

Any delegation under subsection (1) that is in force immediately before a person ceases to be Senior President of Tribunals continues in force until varied or revoked by a subsequent holder of the office of Senior President of Tribunals.

The delegation under this section of a function shall not prevent the exercise of the function by the Senior President of Tribunals.

The First-tier Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 11(1) (but see subsection (9)).

The First-tier Tribunal's power under subsection (1) in relation to a decision is exercisable—

Tribunal Procedure Rules may—

Where the First-tier Tribunal has under subsection (1) reviewed a decision, the First-tier Tribunal may in the light of the review do any of the following—

Where under subsection (4)(c) the First-tier Tribunal sets a decision aside, the First-tier Tribunal must either—

Where a matter is referred to the Upper Tribunal under subsection (5)(b), the Upper Tribunal must re-decide the matter.

Where the Upper Tribunal is under subsection (6) re-deciding a matter, it may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-deciding the matter.

Where a tribunal is acting under subsection (5)(a) or (6), it may make such findings of fact as it considers appropriate.

This section has effect as if a decision under subsection (4)(c) to set aside an earlier decision were not an excluded decision for the purposes of section 11(1), but the First-tier Tribunal's only power in the light of a review under subsection (1) of a decision under subsection (4)(c) is the power under subsection (4)(a).

A decision of the First-tier Tribunal may not be reviewed under subsection (1) more than once, and once the First-tier Tribunal has decided that an earlier decision should not be reviewed under subsection (1) it may not then decide to review that earlier decision under that subsection.

Where under this section a decision is set aside and the matter concerned is then re-decided, the decision set aside and the decision made in re-deciding the matter are for the purposes of subsection (10) to be taken to be different decisions.

The Upper Tribunal may review a decision made by it on a matter in a case, other than a decision that is an excluded decision for the purposes of section 13(1) (but see subsection (7)).

The Upper Tribunal's power under subsection (1) in relation to a decision is exercisable—

Tribunal Procedure Rules may—

Where the Upper Tribunal has under subsection (1) reviewed a decision, the Upper Tribunal may in the light of the review do any of the following—

Where under subsection (4)(c) the Upper Tribunal sets a decision aside, the Upper Tribunal must re-decide the matter concerned.

Where the Upper Tribunal is acting under subsection (5), it may make such findings of fact as it considers appropriate.

This section has effect as if a decision under subsection (4)(c) to set aside an earlier decision were not an excluded decision for the purposes of section 13(1), but the Upper Tribunal's only power in the light of a review under subsection (1) of a decision under subsection (4)(c) is the power under subsection (4)(a).

A decision of the Upper Tribunal may not be reviewed under subsection (1) more than once, and once the Upper Tribunal has decided that an earlier decision should not be reviewed under subsection (1) it may not then decide to review that earlier decision under that subsection.

Where under this section a decision is set aside and the matter concerned is then re-decided, the decision set aside and the decision made in re-deciding the matter are for the purposes of subsection (8) to be taken to be different decisions.

For the purposes of subsection (2), the reference to a right of appeal is to a right to appeal to the Upper Tribunal on any point of law arising from a decision made by the First-tier Tribunal other than an excluded decision.

Any party to a case has a right of appeal, subject to subsection (8).

That right may be exercised only with permission (or, in Northern Ireland, leave).

Permission (or leave) may be given by—on an application by the party.

For the purposes of subsection (1), an “excluded decision” is—

A description may be specified under subsection (5)(f) only if—

Where—the order must be framed so as to come into force no later than the time when the transfer under section 30 of the function takes effect (but power to revoke the order continues to be exercisable after that time, and power to amend the order continues to be exercisable after that time for the purpose of narrowing the description for the time being specified).

The Lord Chancellor may by order make provision for a person to be treated as being, or to be treated as not being, a party to a case for the purposes of subsection (2).

Subsections (2) and (3) apply in relation to a decision by the Upper Tribunal to refuse permission (or leave) to appeal further to an application under section 11(4)(b).

The decision is final, and not liable to be questioned or set aside in any other court.

In particular—

Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether—

Subsections (2) and (3) do not apply so far as provision giving the First-tier Tribunal jurisdiction to make the first-instance decision could (if the Tribunal did not already have that jurisdiction) be made by—

The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision of the First-tier Tribunal that it would not entertain (whether as a matter of law or discretion) in the absence of this section.

In this section—“decision” includes any purported decision;“first-instance decision” means the decision in relation to which permission (or leave) to appeal is being sought under section 11(4)(b);“the supervisory jurisdiction” means the supervisory jurisdiction of—the High Court, in England and Wales or Northern Ireland, or the Court of Session, in Scotland, and “the court of supervisory jurisdiction” is to be read accordingly.

Subsection (2) applies if the Upper Tribunal, in deciding an appeal under section 11, finds that the making of the decision concerned involved the making of an error on a point of law.

The Upper Tribunal—

In acting under subsection (2)(b)(i), the Upper Tribunal may also—

In acting under subsection (2)(b)(ii), the Upper Tribunal—

For the purposes of subsection (2), the reference to a right of appeal is to a right to appeal to the relevant appellate court on any point of law arising from a decision made by the Upper Tribunal other than an excluded decision.

Any party to a case has a right of appeal, subject to subsection (14).

That right may be exercised only with permission (or, in Northern Ireland, leave).

Permission (or leave) may be given by—on an application by the party.

An application may be made under subsection (4) to the relevant appellate court only if permission (or leave) has been refused by the Upper Tribunal.

The Lord Chancellor may, as respects an application under subsection (4) that falls within subsection (7) and for which the relevant appellate court is the Court of Appeal in England and Wales or the Court of Appeal in Northern Ireland, by order make provision for permission (or leave) not to be granted on the application unless the Upper Tribunal or (as the case may be) the relevant appellate court considers—

Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of Session that falls within subsection (7) unless the court considers—

An application falls within this subsection if the application is for permission (or leave) to appeal from any decision of the Upper Tribunal on an appeal under section 11.

For the purposes of subsection (1), an “excluded decision” is—

A description may be specified under subsection (8)(f) only if—

Where—the order must be framed so as to come into force no later than the time when the transfer under section 30 of the function takes effect (but power to revoke the order continues to be exercisable after that time, and power to amend the order continues to be exercisable after that time for the purpose of narrowing the description for the time being specified).

Before the Upper Tribunal decides an application made to it under subsection (4), the Upper Tribunal must specify the court that is to be the relevant appellate court as respects the proposed appeal.

The court to be specified under subsection (11) in relation to a proposed appeal is whichever of the following courts appears to the Upper Tribunal to be the most appropriate—

In this section except subsection (11), “the relevant appellate court”, as respects an appeal, means the court specified as respects that appeal by the Upper Tribunal under subsection (11).

The Lord Chancellor may by order make provision for a person to be treated as being, or to be treated as not being, a party to a case for the purposes of subsection (2).

Rules of court may make provision as to the time within which an application under subsection (4) to the relevant appellate court must be made.

Subsection (2) applies if the relevant appellate court, in deciding an appeal under section 13, finds that the making of the decision concerned involved the making of an error on a point of law.

The relevant appellate court—

In acting under subsection (2)(b)(i), the relevant appellate court may also—

In acting under subsection (2)(b)(ii), the relevant appellate court—

Where—the Upper Tribunal may (instead of reconsidering the case itself) remit the case to that other tribunal or person, with the directions given by the relevant appellate court for its reconsideration.

In acting under subsection (5), the Upper Tribunal may also—

In this section “the relevant appellate court”, as respects an appeal under section 13, means the court specified as respects that appeal by the Upper Tribunal under section 13(11).

If the Upper Tribunal is satisfied that—the Upper Tribunal may grant a certificate to that effect.

The Upper Tribunal may grant a certificate under this section only on an application made by a party to the proceedings.

The Upper Tribunal may grant a certificate under this section only if the relevant appellate court as regards the proceedings is—

The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that point of law is—

The conditions in this subsection are that a point of law of general public importance is involved in the decision of the Upper Tribunal and that—

Before the Upper Tribunal decides an application made to it under this section, the Upper Tribunal must specify the court that would be the relevant appellate court if the application were an application for permission (or leave) under section 13.

In this section except subsection (6) and in sections 14B and 14C, “the relevant appellate court”, as respects an application, means the court specified as respects that application by the Upper Tribunal under subsection (6).

No appeal lies against the grant or refusal of a certificate under subsection (1).

If the Upper Tribunal grants a certificate under section 14A in relation to any proceedings, a party to those proceedings may apply to the Supreme Court for permission to appeal directly to the Supreme Court.

An application under subsection (1) must be made—

If on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for such an appeal.

If permission is granted under this section—

An application under subsection (1) is to be determined without a hearing.

Subject to subsection (4), no appeal lies to the relevant appellate court from a decision of the Upper Tribunal in respect of which a certificate is granted under section 14A until—

No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment (other than sections 14A and 14B), no appeal would lie from that decision of the Upper Tribunal to the relevant appellate court, with or without the permission (or leave) of the Upper Tribunal or the relevant appellate court.

No certificate may be granted under section 14A in respect of a decision of the Upper Tribunal in any proceedings where, by virtue of any enactment, no appeal would lie from a decision of the relevant appellate court on that decision of the Upper Tribunal to the Supreme Court, with or without the permission (or leave) of the relevant appellate court or the Supreme Court.

Where no appeal would lie to the relevant appellate court from the decision of the Upper Tribunal except with the permission (or leave) of the Upper Tribunal or the relevant appellate court, no certificate may be granted under section 14A in respect of a decision of the Upper Tribunal unless it appears to the Upper Tribunal that it would be a proper case for giving permission (or leave) to appeal to the relevant appellate court.

No certificate may be granted under section 14A in respect of a decision or order of the Upper Tribunal made by it in the exercise of its jurisdiction to punish for contempt.

The Upper Tribunal has power, in cases arising under the law of England and Wales or under the law of Northern Ireland, to grant the following kinds of relief—

The power under subsection (1) may be exercised by the Upper Tribunal if—

Relief under subsection (1) granted by the Upper Tribunal—

In deciding whether to grant relief under subsection (1)(a), (b) or (c), the Upper Tribunal must apply the principles that the High Court would apply in deciding whether to grant that relief on an application for judicial review.

In deciding whether to grant relief under subsection (1)(d) or (e), the Upper Tribunal must—

In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal when deciding whether to grant relief under subsection (1) as they apply to the High Court when deciding whether to grant relief on an application for judicial review.

If the tribunal grants relief in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (5A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.

For the purposes of the application of subsection (3)(a) in relation to cases arising under the law of Northern Ireland—

This section applies in relation to an application to the Upper Tribunal for relief under section 15(1).

The application may be made only if permission (or, in a case arising under the law of Northern Ireland, leave) to make it has been obtained from the tribunal.

The tribunal may not grant permission (or leave) to make the application unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

In cases arising under the law of England and Wales, when considering whether to grant permission to make the application, the tribunal—

In subsection (3C) “the conduct complained of” means the conduct (or alleged conduct) of the respondent that the applicant claims justifies the tribunal in granting relief.

If, on considering the question mentioned in subsection (3C)(a) and (b), it appears to the tribunal to be highly likely that the outcome for the applicant would not have been substantially different, the tribunal must refuse to grant permission.

The tribunal may disregard the requirement in subsection (3E) if it considers that it is appropriate to do so for reasons of exceptional public interest.

If the tribunal grants permission in reliance on subsection (3F), the tribunal must certify that the condition in subsection (3F) is satisfied.

Subsection (5) applies where the tribunal considers—

The tribunal may—

The tribunal may award to the applicant damages, restitution or the recovery of a sum due if—

In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal as regards the making of an award under subsection (6) as they apply to the High Court as regards the making of an award under section 31(4) of the Senior Courts Act 1981.

If the tribunal makes an award in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (6A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.

An award under subsection (6) may be enforced as if it were an award of the High Court.

Where—the Court of Appeal may go on to decide the application for relief under section 15(1).

Subsections (4) and (5) do not prevent Tribunal Procedure Rules from limiting the time within which applications may be made.

In cases arising under the law of England and Wales, section 29A of the Senior Courts Act 1981 applies in relation to a quashing order under section 15(1)(c) of this Act as it applies in relation to a quashing order under section 29 of that Act.

If the Upper Tribunal makes a quashing order under section 15(1)(c) in respect of a decision, it may in addition—

The power conferred by subsection (1)(b) is exercisable only if—

Unless the Upper Tribunal otherwise directs, a decision substituted by it under subsection (1)(b) has effect as if it were a decision of the relevant court or tribunal.

This section applies where an application made to the Upper Tribunal seeks (whether or not alone)—

If Conditions 1 to 4 are met, the tribunal has the function of deciding the application.

If the tribunal does not have the function of deciding the application, it must by order transfer the application to the High Court.

Condition 1 is that the application does not seek anything other than—

Condition 2 is that the application does not call into question anything done by the Crown Court.

Condition 3 is that the application falls within a class specified for the purposes of this subsection in a direction given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 (c. 4).

The power to give directions under subsection (6) includes—

Condition 4 is that the judge presiding at the hearing of the application is either—

Where the application is transferred to the High Court under subsection (3)—

Rules of court may make provision for the purpose of supplementing subsection (9).

The provision that may be made by Tribunal Procedure Rules about amendment of an application for relief under section 15(1) includes, in particular, provision about amendments that would cause the application to become transferrable under subsection (3).

For the purposes of subsection (9)(a)(ii), in relation to an application transferred to the High Court in Northern Ireland—

In the Supreme Court Act 1981 (c. 54), after section 31 insert—

In the Judicature (Northern Ireland) Act 1978 (c. 23), after section 25 insert—

Where an application is transferred to the Upper Tribunal under 31A of the Supreme Court Act 1981 (c. 54) or section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court of judicial review applications)—

Where—the tribunal has the function of deciding any subsequent application brought under the permission or leave, even if the subsequent application does not fall within a class specified under section 18(6).

Tribunal Procedure Rules may make further provision for the purposes of supplementing subsections (3) and (4).

For the purposes of subsection (3)(a)(ii), in relation to an application transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978—

Where an application is made to the supervisory jurisdiction of the Court of Session, the Court—by order transfer the application to the Upper Tribunal.

Condition 1 is that the application does not seek anything other than an exercise of the supervisory jurisdiction of the Court of Session.

Condition 2 is that the application falls within a class specified for the purposes of this subsection by act of sederunt made with the consent of the Lord Chancellor.

Condition 3 is that the subject matter of the application is not a devolved Scottish matter.

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There may not be specified under subsection (3) any class of application which includes an application the subject matter of which is a devolved Scottish matter.

For the purposes of this section, the subject matter of an application is a devolved Scottish matter if it—

In subsection (2), the reference to the exercise of the supervisory jurisdiction of the Court of Session includes a reference to the making of any order in connection with or in consequence of the exercise of that jurisdiction.

This section applies where the Court of Session transfers an application under section 20(1).

It is for the Upper Tribunal to determine—

Accordingly—

The references in section 27C(3) and (4) of the 1988 Act (oral hearings where permission refused) to a different Lord Ordinary from the one who granted or refused permission are to be read as references to different members of the Tribunal from those of whom it was composed when it refused or granted permission.

The Upper Tribunal has the function of deciding applications transferred to it from the Court of Session under section 20(1).

The powers of review of the Upper Tribunal in relation to such applications are the same as the powers of review of the Court of Session in an application to the supervisory jurisdiction of that Court.

In deciding an application by virtue of subsection (1), the Upper Tribunal must apply principles that the Court of Session would apply in deciding an application to the supervisory jurisdiction of that Court.

An order of the Upper Tribunal by virtue of subsection (1)—

Where an application is transferred to the Upper Tribunal by virtue of section 20(1), any steps taken or orders made by the Court of Session in relation to the application (other than the order to transfer the application under section 20(1)) are to be treated as taken or made by the tribunal.

Tribunal Procedure Rules may make further provision for the purposes of supplementing subsection (5).

There are to be rules, to be called “Tribunal Procedure Rules”, governing—

Tribunal Procedure Rules are to be made by the Tribunal Procedure Committee.

In Schedule 5—Part 1 makes further provision about the content of Tribunal Procedure Rules, Part 2 makes provision about the membership of the Tribunal Procedure Committee, Part 3 makes provision about the making of Tribunal Procedure Rules by the Committee, and Part 4 confers power to amend legislation in connection with Tribunal Procedure Rules.

Power to make Tribunal Procedure Rules is to be exercised with a view to securing—

In subsection (4)(b) “the tribunal system” means the system for deciding matters within the jurisdiction of the First-tier Tribunal or the Upper Tribunal.

The Senior President of Tribunals may give directions—

A Chamber President may give directions as to the practice and procedure of the chamber over which he presides.

A power under this section to give directions includes—

Directions under subsection (1) may not be given without the approval of the Lord Chancellor.

Directions under subsection (2) may not be given without the approval of—

Subsections (4) and (5)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

Subsections (4) and (5)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

A person exercising power to make Tribunal Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—

Practice directions may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

The provision that may be made by virtue of subsection (2) includes provision for a member to act as a mediator in relation to disputed matters in a case even though the member has been chosen to decide matters in the case.

Once a member has begun to act as a mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

Staff appointed under section 40(1) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

In this section—“member” means a judge or other member of the First-tier Tribunal or a judge or other member of the Upper Tribunal;“practice direction” means a direction under section 23(1) or (2);“proceedings” means proceedings before the First-tier Tribunal or proceedings before the Upper Tribunal.

In relation to the matters mentioned in subsection (2), the Upper Tribunal—

The matters are—

Subsection (1) shall not be taken—

A power, right, privilege or authority conferred in a territory by subsection (1) is available for purposes of proceedings in the Upper Tribunal that take place outside that territory (as well as for purposes of proceedings in the tribunal that take place within that territory).

A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in England and Wales—

An order for the payment of a sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in Scotland (or a copy of such an order certified in accordance with Tribunal Procedure Rules) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in Northern Ireland—

This section does not apply to a sum payable in pursuance of—

The Lord Chancellor may by order make provision for subsection (1) or (3) to apply in relation to a sum of a description specified in the order with the omission of one (but not both) of paragraphs (a) and (b).

Tribunal Procedure Rules—

If it appears to the First-tier Tribunal or the Upper Tribunal that a matter before it requires special expertise not otherwise available to it, it may direct that in dealing with that matter it shall have the assistance of a person or persons appearing to it to have relevant knowledge or experience.

The remuneration of a person who gives assistance to either tribunal as mentioned in subsection (1) shall be determined and paid by the Lord Chancellor.

The Lord Chancellor may—

The costs of and incidental to—shall be in the discretion of the Tribunal in which the proceedings take place.

The relevant Tribunal shall have full power to determine by whom and to what extent the costs are to be paid.

Subsections (1) and (2) have effect subject to Tribunal Procedure Rules.

In any proceedings mentioned in subsection (1), the relevant Tribunal may—the whole of any wasted costs or such part of them as may be determined in accordance with Tribunal Procedure Rules.

In subsection (4) “wasted costs” means any costs incurred by a party—

In this section “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct the proceedings on his behalf.

In the application of this section in relation to Scotland, any reference in this section to costs is to be read as a reference to expenses.

The Senior President of Tribunals may give directions to an authorised person.

Apart from such directions, an authorised person exercising a function by virtue of paragraph 3 of Schedule 5 is not subject to the direction of the Lord Chancellor or any other person when exercising the function.

The Senior President of Tribunals may delegate to one or more of the following the Senior President of Tribunals' functions under subsection (1)—

A person to whom functions of the Senior President of Tribunals are delegated under subsection (3)(b) is not subject to the direction of any person other than—when exercising the functions.

Subsections (3) to (5) of section 8 apply to—as they apply to a delegation under subsection (1) of that section.

No action lies against an authorised person in respect of what the person does or omits to do—

An action lies against an authorised person in respect of what the person does or omits to do—if, but only if, it is proved that the person acted in bad faith.

If an action is brought in a court in Scotland in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—

If an action is brought in any other court in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—

A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the execution (or purported execution) of the person's duty as an authorised person exercising, by virtue of paragraph 3 of Schedule 5, a function of a tribunal.

But subsection (1) does not apply in relation to any proceedings in which an authorised person—

A court which is prevented by subsection (1) from ordering an authorised person to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.

The Lord Chancellor may, after consulting the Senior President of Tribunals, make regulations specifying—

The power to make regulations under subsection (4) includes power to make—which the Lord Chancellor considers necessary or expedient.

The Senior President of Tribunals may delegate the Senior President of Tribunals' functions under subsection (4) to a person who is a judicial office holder.

Subsections (3) to (5) of section 8 apply to a delegation under subsection (6) of this section as they apply to a delegation under subsection (1) of that section.

In the application of this section to Scotland—

“Indemnifiable amounts”, in relation to an authorised person, means—

The Lord Chancellor must indemnify an authorised person in respect of indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, the person acted reasonably and in good faith.

The Lord Chancellor may indemnify an authorised person in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith.

Any question whether, or to what extent, an authorised person is to be indemnified under this section is to be determined by the Lord Chancellor.

The Lord Chancellor may, if an authorised person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—before the costs are incurred or the settlement in connection with which the sums are payable is made.

But a determination under subsection (5) before costs are incurred—

In the application of this section to Scotland, references to costs are to be read as references to expenses.

The Lord Chancellor may by order provide for a function of a scheduled tribunal to be transferred—

In subsection (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

The Lord Chancellor may, as respects a function transferred under subsection (1) or this subsection, by order provide for the function to be further transferred as mentioned in any of paragraphs (a) to (i) of subsection (1).

An order under subsection (1) or (3) may include provision for the purposes of or in consequence of, or for giving full effect to, a transfer under that subsection.

A function of a tribunal may not be transferred under subsection (1) or (3) if, or to the extent that, the provision conferring the function—

Subsection (5) does not apply to—

Functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), so far as they relate to Scotland, may be transferred under subsection (1) or (3) only with the consent of the Scottish Ministers.

A function of a tribunal may be transferred under subsection (1) or (3) only with the consent of the Welsh Ministers if any relevant function is exercisable in relation to the tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person).

In subsection (8) “relevant function”, in relation to a tribunal, means a function which relates—

The Lord Chancellor may by order make provision for abolishing the tribunal by whom a function transferred under section 30(1) is exercisable immediately before its transfer.

The Lord Chancellor may by order make provision, where functions of a tribunal are transferred under section 30(1), for a person—to (instead or in addition) be the holder of an office specified in subsection (3).

Those offices are—

Where functions of a tribunal are transferred under section 30(1), the Lord Chancellor must exercise the power under subsection (2) so as to secure that each person who immediately before the end of the tribunal's life—becomes the holder of an office specified in subsection (3) with effect from the end of the tribunal's life (if the person is not then already the holder of such an office).

Subsection (4) does not apply in relation to a person—and a reference in subsection (4) to the end of a tribunal's life is to when the tribunal is abolished or (without being abolished) comes to have no functions.

For the purposes of this section, a person is an “authorised decision-maker” for a tribunal if—

Where a function of a tribunal is transferred under section 30(1), the Lord Chancellor may by order provide for procedural rules in force immediately before the transfer to have effect, or to have effect with appropriate modifications, after the transfer (and, accordingly, to be capable of being varied or revoked) as if they were—

In subsection (7)—“procedural rules” means provision (whether called rules or not)—regulating practice or procedure before the tribunal, and applying for purposes connected with the exercise of the function;“appropriate modifications” means modifications (including additions and omissions) that appear to the Lord Chancellor to be necessary to secure, or expedient in connection with securing, that the procedural rules apply in relation to the exercise of the function after the transfer.

The Lord Chancellor may, in connection with provision made by order under section 30 or the preceding provisions of this section, make by order such incidental, supplemental, transitional or consequential provision, or provision for savings, as the Lord Chancellor thinks fit, including provision applying only in relation to cases selected by a member—

Subsections (1), (2) and (7) are not to be taken as prejudicing the generality of subsection (9).

Subsection (2) applies if—

The Lord Chancellor may by order—

The Lord Chancellor may by order provide for an appeal against a decision of a scheduled tribunal to be made to the Upper Tribunal, instead of to the court to which an appeal would otherwise fall to be made, where the decision is made by the tribunal in exercising a function in relation to Wales.

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

An order under subsection (2) or (3)—

Subsection (2) applies if—

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

An order under subsection (2)—

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.

Subsection (2) applies if—

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

An order under subsection (2)—

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.

The Lord Chancellor may by order—

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

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

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

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

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

An order under subsection (1)—

An order under subsection (1), so far as it—may not, after that transfer or other change has taken place, be revoked by another order under that subsection.

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

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).

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

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

Subsection (2) does not apply to—

An order under subsection (1)(b)—

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.

An order under this section—

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—

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.

The Lord Chancellor may by order amend Schedule 6—

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

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

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

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)).

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

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).

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

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

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).

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.

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.

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.

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.

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.

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.

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

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.

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.

The powers under—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).

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

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

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

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

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

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

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.

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.

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

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

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

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

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

In this section “relevant tribunal cases” means—

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).

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.

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)—

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.

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)—

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.

In Schedules 2 to 4 “senior judge” means—

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.

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

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

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

For the purposes of this section—

Schedule 8, which makes—amendments consequential on provisions of this Part, and other amendments in connection with tribunals and inquiries, has effect.

Schedule 9, which contains transitional provisions, has effect.

Power—is exercisable by statutory instrument.

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.

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

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.

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.

The orders and regulations are—

A statutory instrument that—is subject to annulment in pursuance of a resolution of either House of Parliament.

Those orders are—

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.

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.

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

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

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

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

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, or a provision of subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 (c. 30)).

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.

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.

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.

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).

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.

Where—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)..

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.

For the purposes of section 50 and this section, a person shall be taken first to become a barrister—

For the purposes of section 50—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.

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

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

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).

In this section—“barrister” means barrister in England and Wales;“solicitor” means solicitor of the Senior Courts of England and Wales.

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

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

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.

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.

This section applies for the purposes of section 50.

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

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.

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

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

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—

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).

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

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

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

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

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

In subsection (1)—

After subsection (3) add—

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.

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

After subsection (12) insert—

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 ”.

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).

In subsection (1)—

After subsection (1) insert—

For subsection (3) substitute—

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

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

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—

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

After subsection (1) insert—

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

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).

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.

Schedule 13—

The following are renamed—

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

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

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

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

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).

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).

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.

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

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

The regulations may in particular include provision—

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.

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.

The rules replaced include—

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

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

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.

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.

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

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.

That is subject to the following.

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.

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—

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

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.

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.

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

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

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

A lease must be evidenced in writing.

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

This section applies for the purposes of this Chapter.

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

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

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

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

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.

This section applies for the purposes of this Chapter.

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

“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).

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.

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.

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

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

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

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

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

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

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

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.

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—

Regulations may make provision about—

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

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

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

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

These are the conditions—

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

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.

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.

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

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

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

“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.

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.

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.

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

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

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”).

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

Regulations may state—

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

In this section and sections 82 to 84—

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.

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.

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—

That is subject to the following.

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

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.

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

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.

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.

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.

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

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

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.

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.

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.

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

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

The amounts are any amounts payable—

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

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).

This Part binds the Crown.

But the procedure in Schedule 12 may not be used—

In this Part—“prescribed” means prescribed by regulations;“regulations” means regulations made by the Lord Chancellor.

The following apply to regulations under this Part.

Any power to make regulations is exercisable by statutory instrument.

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

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

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

Regulations may make different provision for different cases.

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

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

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).

After section 15 of the Attachment of Earnings Act 1971 insert—

This section applies in relation to any attachment of earnings order, whether made before or after the commencement of this section.

In relation to an offence committed before 2 May 2022, the reference in section 15B(10)(b) of the Attachment of Earnings Act 1971 (c. 32) to 12 months is to be read as a reference to 6 months.

Subsections (2), (3) and (4) make amendments to the Charging Orders Act 1979 (c. 53).

In section 1 (charging orders), after subsection (5) insert—

In section 3 (provisions supplementing sections 1 and 2), after subsection (4) insert—

In section 6(2) (meaning of references to judgment or order of High Court or county court), for “section 1” substitute “ sections 1 and 3 ”.

In section 313(4) of the Insolvency Act 1986 (c. 45) (charge on bankrupt's home: certain provisions of section 3 of Charging Orders Act 1979 to apply), for the words before “section 3” substitute “ Subsection (1), (2), (4), (5) and (6) of ”.

This section does not apply in a case where a judgment or order of the High Court or the county court under which a debtor is required to pay a sum of money by instalments was made, or applied for, before the coming into force of this section.

A person who is the creditor in relation to a judgment debt may apply to the High Court , the family court or the county court for information about what kind of action it would be appropriate to take in court to recover that particular debt.

An application under subsection (1) must comply with any provision made in regulations about the making of such applications.

This section applies if the creditor in relation to a judgment debt makes an application for information under section 95.

The relevant court may make one or more of the following in relation to the debtor—

The relevant court may exercise its powers under subsection (2) only if it is satisfied that to do so will help it to deal with the creditor's application.

Before exercising its powers under subsection (2), the relevant court must give notice to the debtor that the court intends to make a request or order.

The relevant court may not make a departmental information request to the Commissioners unless regulations are in force that have been made under section 102(4) and (7) and relate to the use or disclosure of debtor information disclosed by the Commissioners.

The relevant court may disclose such information (including information identifying the debtor) as it considers necessary to assist the recipient of a request or order to comply with the request or order.

A disclosure under subsection (6) is not to be taken to breach any restriction on the disclosure of information (however imposed).

Nothing in this section is to be taken to prejudice any power that exists apart from this section to request or order the disclosure of information.

A departmental information request is a request for the disclosure of information held by, or on behalf of, a government department.

The request is to be made to the Minister of the Crown, or other person, who is in charge of the department.

In the case of a request made to the designated Secretary of State, the disclosure of some or all of the following information may be requested—

In the case of a request made to the Commissioners, the disclosure of some or all of the following information may be requested—

In the case of any other request, the disclosure of prescribed information may be requested.

In this section—“designated Secretary of State” means the Secretary of State designated for the purpose of this section by regulations;“government department” does not include the following—any part of the Scottish Administration; a Northern Ireland department; the Welsh Assembly Government or any member of staff appointed under section 52 of the Government of Wales Act 2006 (c. 32);“prescribed information”, in relation to a departmental information request, means information that falls within the category or categories of information (if any) prescribed by regulations in relation to the department to which the request relates.

An information order is an order of the relevant court which—

In subsection (1) “prescribed” means prescribed in regulations.

Regulations under this section may be made by reference to—

Regulations may, in particular, be made under this section so as to ensure that—

Regulations under this section must not make provision that would allow the relevant court to order—

This section applies if the relevant court makes a departmental information request.

The recipient of the request may disclose to the relevant court any information (whether held by the department or on its behalf) that the recipient considers is necessary to comply with the request.

A disclosure under subsection (2) is not to be taken to breach any restriction on the disclosure of information (however imposed).

Nothing in this section is to be taken to prejudice any power that exists apart from this section to disclose information.

An information discloser is not to be regarded as having breached an information order because of a failure to disclose some or all of the required information, if that failure is for one of the permitted reasons.

These are the permitted reasons—

It is to be presumed that a failure to disclose required information is for a permitted reason if—

The certificate must state—

Any reference in this section to the information discloser holding, or not holding, information includes a reference to the information being held, or not being held, on the information discloser's behalf.

This section applies if—

The relevant court may use the debtor information for the purpose of making another request or order under section 96 in relation to the debtor.

The relevant court may use the debtor information for the purpose of providing the creditor with information about what kind of action (if any) it would be appropriate to take in court (whether the relevant court or another court) to recover the judgment debt.

If the creditor takes any action in the relevant court to recover the judgment debt, the relevant court may use the debtor information in carrying out functions in relation to that action.

If the creditor takes any action in another court to recover the judgment debt—

Debtor information may be used or disclosed under any of subsections (3) to (5) only if—

In addition, if the debtor information was disclosed by the Commissioners, the information may be used or disclosed under any of subsections (3) to (5) only with the consent of the Commissioners.

Consent for the purposes of subsection (7) may be given—

The use or disclosure of information in accordance with this section is not to be taken to breach any restriction on the use or disclosure of information (however imposed).

Nothing in this section is to be taken to prejudice any power that exists apart from this section to use or disclose information.

This section applies if—

A person to whom the debtor information is disclosed commits an offence if he—

The use or disclosure of the debtor information is authorised if it is in accordance with section 101.

The use or disclosure of the debtor information is authorised if it is—and it is in accordance with regulations.

The use or disclosure of the debtor information is authorised if the information has previously been lawfully disclosed to the public.

The use or disclosure of the debtor information is authorised if it is in accordance with rules of court that comply with regulations under subsection (7).

Regulations may make provision about the circumstances, if any, in which rules of court may allow access to, or the supply of, information disclosed in accordance with a department information request or an information order.

It is a defence for a person charged with an offence under subsection (2) to prove that he reasonably believed that the use or disclosure was lawful.

A person guilty of an offence under subsection (2) is liable—

It is for the Lord Chancellor to make information regulations.

But the Lord Chancellor may make the following regulations only with the agreement of the Commissioners—

Information regulations are to be made by statutory instrument.

A statutory instrument containing information regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

But subsection (4) does not apply in the case of a statutory instrument that contains only—

In such a case, the statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

In this section “information regulations” means regulations under any of sections 95 to 102.

This section applies for the purposes of sections 95 to 103.

In those provisions—“Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;“creditor”, in relation to a judgment debt, means—the person to whom the debt is payable (whether directly or through any court, an officer of any court or another person); where the debt is payable under an administration order (within the meaning of Part 6 of the County Courts Act 1984 (c. 28)), any one of the creditors scheduled to the order;“debtor”, in relation to a judgment debt, means the person by whom the debt is payable;“departmental information request” has the meaning given by section 97;“information” means information held in any form;“information discloser”, in relation to an information order, has the meaning given by section 98(1)(a);“information order” has the meaning given by section 98;“judgment debt” means either of the following—a sum which is payable under a judgment or order enforceable by the High Court , the family court or the county court; a sum which, by virtue of an enactment, is recoverable as if it were payable under a judgment or order of the High Court , the family court or of the county court (including a sum which is so recoverable because a court so orders);“required information”, in relation to an information order, has the meaning given by section 98(1)(b);“relevant court”, in relation to an application under section 95, means the court to which the application is made.

Any reference to information held on behalf of a government department, or on behalf of an information discloser, includes a reference to any information which—

Sections 95 to 104 apply in relation to any judgment debt, whether it became payable, or recoverable, before or after the commencement of those sections.

In relation to an offence committed before 2 May 2022, the reference in section 102(9)(b) to 12 months is to be read as a reference to 6 months.

For Part 6 of the County Courts Act 1984 (c. 28) (administration orders) substitute—

Schedule 16 makes amendments consequential on the substitution of the new Part 6 in the 1984 Act.

This section does not apply to any case in which an administration order was made, or an application for such an order was made, before the day on which this section comes into force.

After Part 6 of the County Courts Act 1984 (c. 28) (administration orders) insert—

In Schedule 6A to the Magistrates' Courts Act 1980 (c. 43) (fines that may be altered under section 143 of the 1980 Act) insert the following entry at the appropriate place in the entries relating to the County Courts Act 1984 (c. 28)—

In section 98 of the Courts Act 2003 (c. 39) (register of judgments and orders etc.), in subsection (1), for paragraph (d) substitute—.

In the Second Group of Parts of the Insolvency Act 1986 (c. 45) (insolvency of individuals), before Part 8 there is inserted, as Part 7A, the Part set out in Schedule 17.

After Schedule 4 to that Act there is inserted, as Schedules 4ZA and 4ZB, the Schedules set out in Schedules 18 and 19.

Schedule 20 (which makes amendments consequential on provisions contained in Schedule 17) has effect.

A debt management scheme is a scheme that meets the conditions in this section.

The scheme must be open to some or all non-business debtors.

A scheme is open to a non-business debtor if it allows him to make a request to the scheme operator for a debt repayment plan to be arranged for him.

The scheme must provide that, if such a request is made—

The scheme must be operated by a body of persons (whether a body corporate or not).

A debt repayment plan is a plan that meets the conditions in this section.

The plan must specify all of the debtor's qualifying debts.

The plan must require the debtor to make payments in respect of each of the specified debts.

It does not matter if—

The supervising authority may approve one or more debt management schemes.

Regulations may make provision about any or all of the following—

Regulations under this section may, in particular, make provision about conditions or considerations that relate to any matter listed in Schedule 21.

The supervising authority may approve a debt management scheme whether a body is—

Regulations may specify a procedure for making an application for approval of a debt management scheme.

Regulations under this section may, in particular, specify a procedure that requires any or all of the following—

The approval of a debt management scheme has effect subject to any relevant terms.

Relevant terms are—

Relevant terms may, in particular, deal with all or any of the following—

Relevant terms may, in particular, impose requirements on the scheme operator.

Relevant terms may, in particular, relate to any matter listed in Schedule 21.

Regulations may make provision about terms that the supervising authority must, or must not, include in an approval.

This section applies if—

The debtor is discharged from the debts that are specified in the plan.

The discharge from a particular specified debt takes effect at the time when all the required payments have been made.

The required payments are the payments in respect of the debt that are required by the provision included in the plan in accordance with section 110(3).

This section applies during the currency of a debt repayment plan arranged in accordance with an approved scheme.

No qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless—

The county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.

The reference to the currency of a debt repayment plan is a reference to the period which—

This section applies in relation to a non-business debtor during a period of protection.

No qualifying creditor of the debtor is to pursue any remedy for the recovery of a qualifying debt, unless—

The county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.

This section does not have any effect in relation to bankruptcy proceedings.

This section applies in relation to a non-business debtor during a period of protection.

No qualifying creditor is to charge any sum by way of interest, fee or other charge in respect of a qualifying debt, unless—

The county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.

This section applies in relation to a non-business debtor during a period of protection.

In relation to the debtor, a domestic utility creditor is any person who—

No domestic utility creditor is to stop the supply of gas or electricity, or the supply of any associated services, except in the cases in subsections (4) to (7).

The first case is where the reason for stopping a supply relates to the non-payment by the debtor of charges incurred in connection with that supply after the start of the period of protection.

The second case is where the reason for stopping a supply is unconnected with the non-payment by the debtor of any charges incurred in connection with—

The third case is where regulations allow the supply to be stopped.

The fourth case is where the county court gives permission to stop a supply.

The county court may give permission for the purposes of subsection (7) subject to such conditions as it thinks fit.

A supply of mains gas is a supply of the kind mentioned in section 5(1)(b) of the Gas Act 1986 (c. 44).

A supply of mains electricity is a supply of the kind mentioned in section 4(1)(c) of the Electricity Act 1989 (c. 29).

This section applies if these conditions are met—

The county court must stay the proceedings.

The court may allow costs already incurred by the creditor.

Subsection (5) applies if—

The operator of the approved scheme may, if requested to do so by—add the costs to the amount specified in the plan in respect of the debt.

But the operator may not add the costs under subsection (5) if, under the terms of the approved scheme, the operator is under a duty to terminate the plan.

Regulations may make provision about the registration of either or both of the following—

In subsection (1) “registration” means registration in the register maintained under section 98 of the Courts Act 2003 (c. 39) (the register of judgments and orders etc).

Regulations under this section may amend section 98 of the 2003 Act.

This section applies if—

The plan is not to come into effect unless the other debt management arrangements cease to be in force.

Any provision (whether in the plan or elsewhere) about when the plan is to come into effect is subject to subsection (2).

If the operator of the approved scheme is aware of the other debt management arrangements, the operator must give the relevant authority notice that the plan has been arranged.

In a case where the operator is aware of other debt management arrangements at the time the plan is arranged, it must give the notice as soon as practicable after the plan is arranged.

In a case where the operator becomes aware of those arrangements after the plan is arranged, it must give the notice as soon as practicable after becoming aware of them.

“Other debt management arrangements” means any of the following—

“The relevant authority” means—

For the purposes of this section a debt relief order is “in force” if the moratorium applicable to the order under section 251H of the Insolvency Act 1986 has not yet ended.

This section applies if a debt repayment plan is arranged for a debtor in accordance with an approved scheme.

An affected creditor may appeal to the county court against any of the following—

Subsection (2)(c) does not allow an affected creditor to appeal against the fact that a debt owed to any other creditor has been specified in the plan.

In this section “affected creditor” means the creditor under any debt which is specified in the plan.

This section applies if an appeal is made to the county court under section 122.

The county court may determine the appeal in any way that it thinks fit.

The county court may make such orders as may be necessary to give effect to the determination of the appeal.

The county court may, in particular, order the scheme operator to do any of the following—