Part 1Tribunals and Inquiries

Chapter 1Tribunal judiciary: independence and Senior President

1Independence of tribunal judiciary

In section 3 of the Constitutional Reform Act 2005 (c. 4) (guarantee of continued judicial independence), after subsection (7) insert-

"(7A)In this section "the judiciary" also includes every person who-

(a)holds an office listed in Schedule 14 or holds an office listed in subsection (7B), and

(b)but for this subsection would not be a member of the judiciary for the purposes of this section.

(7B)The offices are those of-

(a)Senior President of Tribunals;

(b)President of Employment Tribunals (Scotland);

(c)Vice President of Employment Tribunals (Scotland);

(d)member of a panel of chairmen of Employment Tribunals (Scotland);

(e)member of a panel of members of employment tribunals that is not a panel of chairmen;

(f)adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995."

2Senior President of Tribunals

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

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

(3)A holder of the office of Senior President of Tribunals must, in carrying out the functions of that office, have regard to-

(a)the need for tribunals to be accessible,

(b)the need for proceedings before tribunals-

(i)to be fair, and

(ii)to be handled quickly and efficiently,

(c)the need for members of tribunals to be experts in the subject-matter of, or the law to be applied in, cases in which they decide matters, and

(d)the need to develop innovative methods of resolving disputes that are of a type that may be brought before tribunals.

(4)In subsection (3) "tribunals" means-

(a)the First-tier Tribunal,

(b)the Upper Tribunal,

(c)employment tribunals,

(d)the Employment Appeal Tribunal, and

(e)the Asylum and Immigration Tribunal.

Chapter 2First-tier Tribunal and Upper Tribunal

Establishment

3The First-tier Tribunal and the Upper Tribunal

(1)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.

(2)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.

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

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

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

Members and composition of tribunals

4Judges and other members of the First-tier Tribunal

(1)A person is a judge of the First-tier Tribunal if the person-

(a)is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2,

(b)is a transferred-in judge of the First-tier Tribunal (see section 31(2)),

(c)is a judge of the Upper Tribunal,

(d)is a member of the Asylum and Immigration Tribunal appointed under paragraph 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (legally qualified members) and is not a judge of the Upper Tribunal, or

(e)is a member of a panel of chairmen of employment tribunals.

(2)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.

(3)A person is one of the other members of the First-tier Tribunal if the person-

(a)is a member of the First-tier Tribunal by virtue of appointment under paragraph 2(1) of Schedule 2,

(b)is a transferred-in other member of the First-tier Tribunal (see section 31(2)),

(c)is one of the other members of the Upper Tribunal, or

(d)is a member of a panel of members of employment tribunals that is not a panel of chairmen of employment tribunals.

(4)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.

5Judges and other members of the Upper Tribunal

(1)A person is a judge of the Upper Tribunal if the person-

(a)is the Senior President of Tribunals,

(b)is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3,

(c)is a transferred-in judge of the Upper Tribunal (see section 31(2)),

(d)is a member of the Asylum and Immigration Tribunal appointed under paragraph 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (legally qualified members) who-

(i)is the President or a Deputy President of that tribunal, or

(ii)has the title Senior Immigration Judge but is neither the President nor a Deputy President of that tribunal,

(e)is the Chief Social Security Commissioner, or any other Social Security Commissioner, appointed under section 50(1) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8),

(f)is a Social Security Commissioner appointed under section 50(2) of that Act (deputy Commissioners),

(g)is within section 6(1),

(h)is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 or under section 31(2)), or

(i)is a Chamber President or a Deputy Chamber President, whether of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal, and does not fall within any of paragraphs (a) to (h).

(2)A person is one of the other members of the Upper Tribunal if the person-

(a)is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3,

(b)is a transferred-in other member of the Upper Tribunal (see section 31(2)),

(c)is a member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996 (c. 17), or

(d)is a member of the Asylum and Immigration Tribunal appointed under paragraph 2(1)(e) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (members other than "legally qualified members").

(3)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.

6Certain judges who are also judges of First-tier Tribunal and Upper Tribunal

(1)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-

(a)is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(b)is a Lord Justice of Appeal in Northern Ireland,

(c)is a judge of the Court of Session,

(d)is a puisne judge of the High Court in England and Wales or Northern Ireland,

(e)is a circuit judge,

(f)is a sheriff in Scotland,

(g)is a county court judge in Northern Ireland,

(h)is a district judge in England and Wales or Northern Ireland, or

(i)is a District Judge (Magistrates' Courts).

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

7Chambers: jurisdiction and Presidents

(1)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.

(2)There is-

(a)for each chamber of the First-tier Tribunal, and

(b)for each chamber of the Upper Tribunal,

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

(3)A person may not at any particular time preside over more than one chamber of the First-tier Tribunal and may not at any particular time preside over more than one chamber of the Upper Tribunal (but may at the same time preside over one chamber of the First-tier Tribunal and over one chamber of the Upper Tribunal).

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

(5)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.

(6)The Senior President of Tribunals may (consistently with subsections (2) and (3)) appoint a person who is the Chamber President of a chamber to preside instead, or to preside also, over another chamber.

(7)The Lord Chancellor may (consistently with subsections (2) and (3)) appoint a person who is not a Chamber President to preside over a chamber.

(8)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.

(9)Each of the Lord Chancellor and the Senior President of Tribunals may, with the concurrence of the other, by order-

(a)make provision for the allocation of the First-tier Tribunal's functions between its chambers;

(b)make provision for the allocation of the Upper Tribunal's functions between its chambers;

(c)amend or revoke any order made under this subsection.

8Senior President of Tribunals: power to delegate

(1)The Senior President of Tribunals may delegate any function he has in his capacity as Senior President of Tribunals-

(a)to any judge, or other member, of the Upper Tribunal or First-tier Tribunal;

(b)to staff appointed under section 40(1).

(2)Subsection (1) does not apply to functions of the Senior President of Tribunals under section 7(9).

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

(4)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.

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

Review of decisions and appeals

9Review of decision of First-tier Tribunal

(1)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)).

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

(a)of its own initiative, or

(b)on application by a person who for the purposes of section 11(2) has a right of appeal in respect of the decision.

(3)Tribunal Procedure Rules may-

(a)provide that the First-tier Tribunal may not under subsection (1) review (whether of its own initiative or on application under subsection (2)(b)) a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules;

(b)provide that the First-tier Tribunal's power under subsection (1) to review a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules is exercisable only of the tribunal's own initiative;

(c)provide that an application under subsection (2)(b) that is of a description specified for the purposes of this paragraph in Tribunal Procedure Rules may be made only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules;

(d)provide, in relation to a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules, that the First-tier Tribunal's power under subsection (1) to review the decision of its own initiative is exercisable only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules.

(4)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-

(a)correct accidental errors in the decision or in a record of the decision;

(b)amend reasons given for the decision;

(c)set the decision aside.

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

(a)re-decide the matter concerned, or

(b)refer that matter to the Upper Tribunal.

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

(7)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.

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

(9)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).

(10)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.

(11)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.

10Review of decision of Upper Tribunal

(1)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)).

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

(a)of its own initiative, or

(b)on application by a person who for the purposes of section 13(2) has a right of appeal in respect of the decision.

(3)Tribunal Procedure Rules may-

(a)provide that the Upper Tribunal may not under subsection (1) review (whether of its own initiative or on application under subsection (2)(b)) a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules;

(b)provide that the Upper Tribunal's power under subsection (1) to review a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules is exercisable only of the tribunal's own initiative;

(c)provide that an application under subsection (2)(b) that is of a description specified for the purposes of this paragraph in Tribunal Procedure Rules may be made only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules;

(d)provide, in relation to a decision of a description specified for the purposes of this paragraph in Tribunal Procedure Rules, that the Upper Tribunal's power under subsection (1) to review the decision of its own initiative is exercisable only on grounds specified for the purposes of this paragraph in Tribunal Procedure Rules.

(4)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-

(a)correct accidental errors in the decision or in a record of the decision;

(b)amend reasons given for the decision;

(c)set the decision aside.

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

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

(7)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).

(8)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.

(9)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.

11Right to appeal to Upper Tribunal

(1)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.

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

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

(4)Permission (or leave) may be given by-

(a)the First-tier Tribunal, or

(b)the Upper Tribunal,

on an application by the party.

(5)For the purposes of subsection (1), an "excluded decision" is-

(a)any decision of the First-tier Tribunal on an appeal made in exercise of a right conferred by the Criminal Injuries Compensation Scheme in compliance with section 5(1)(a) of the Criminal Injuries Compensation Act 1995 (c. 53) (appeals against decisions on reviews),

(b)any decision of the First-tier Tribunal on an appeal under section 28(4) or (6) of the Data Protection Act 1998 (c. 29) (appeals against national security certificate),

(c)any decision of the First-tier Tribunal on an appeal under section 60(1) or (4) of the Freedom of Information Act 2000 (c. 36) (appeals against national security certificate),

(d)a decision of the First-tier Tribunal under section 9-

(i)to review, or not to review, an earlier decision of the tribunal,

(ii)to take no action, or not to take any particular action, in the light of a review of an earlier decision of the tribunal,

(iii)to set aside an earlier decision of the tribunal, or

(iv)to refer, or not to refer, a matter to the Upper Tribunal,

(e)a decision of the First-tier Tribunal that is set aside under section 9 (including a decision set aside after proceedings on an appeal under this section have been begun), or

(f)any decision of the First-tier Tribunal that is of a description specified in an order made by the Lord Chancellor.

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

(a)in the case of a decision of that description, there is a right to appeal to a court, the Upper Tribunal or any other tribunal from the decision and that right is, or includes, something other than a right (however expressed) to appeal on any point of law arising from the decision, or

(b)decisions of that description are made in carrying out a function transferred under section 30 and prior to the transfer of the function under section 30(1) there was no right to appeal from decisions of that description.

(7)Where-

(a)an order under subsection (5)(f) specifies a description of decisions, and

(b)decisions of that description are made in carrying out a function transferred under section 30,

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).

(8)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).

12Proceedings on appeal to Upper Tribunal

(1)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.

(2)The Upper Tribunal-

(a)may (but need not) set aside the decision of the First-tier Tribunal, and

(b)if it does, must either-

(i)remit the case to the First-tier Tribunal with directions for its reconsideration, or

(ii)re-make the decision.

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

(a)direct that the members of the First-tier Tribunal who are chosen to reconsider the case are not to be the same as those who made the decision that has been set aside;

(b)give procedural directions in connection with the reconsideration of the case by the First-tier Tribunal.

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

(a)may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-making the decision, and

(b)may make such findings of fact as it considers appropriate.

13Right to appeal to Court of Appeal etc.

(1)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.

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

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

(4)Permission (or leave) may be given by-

(a)the Upper Tribunal, or

(b)the relevant appellate court,

on an application by the party.

(5)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.

(6)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-

(a)that the proposed appeal would raise some important point of principle or practice, or

(b)that there is some other compelling reason for the relevant appellate court to hear the appeal.

(7)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.

(8)For the purposes of subsection (1), an "excluded decision" is-

(a)any decision of the Upper Tribunal on an appeal under section 28(4) or (6) of the Data Protection Act 1998 (c. 29) (appeals against national security certificate),

(b)any decision of the Upper Tribunal on an appeal under section 60(1) or (4) of the Freedom of Information Act 2000 (c. 36) (appeals against national security certificate),

(c)any decision of the Upper Tribunal on an application under section 11(4)(b) (application for permission or leave to appeal),

(d)a decision of the Upper Tribunal under section 10-

(i)to review, or not to review, an earlier decision of the tribunal,

(ii)to take no action, or not to take any particular action, in the light of a review of an earlier decision of the tribunal, or

(iii)to set aside an earlier decision of the tribunal,

(e)a decision of the Upper Tribunal that is set aside under section 10 (including a decision set aside after proceedings on an appeal under this section have been begun), or

(f)any decision of the Upper Tribunal that is of a description specified in an order made by the Lord Chancellor.

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

(a)in the case of a decision of that description, there is a right to appeal to a court from the decision and that right is, or includes, something other than a right (however expressed) to appeal on any point of law arising from the decision, or

(b)decisions of that description are made in carrying out a function transferred under section 30 and prior to the transfer of the function under section 30(1) there was no right to appeal from decisions of that description.

(10)Where-

(a)an order under subsection (8)(f) specifies a description of decisions, and

(b)decisions of that description are made in carrying out a function transferred under section 30,

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).

(11)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.

(12)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-

(a)the Court of Appeal in England and Wales;

(b)the Court of Session;

(c)the Court of Appeal in Northern Ireland.

(13)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).

(14)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).

(15)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.

14Proceedings on appeal to Court of Appeal etc.

(1)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.

(2)The relevant appellate court-

(a)may (but need not) set aside the decision of the Upper Tribunal, and

(b)if it does, must either-

(i)remit the case to the Upper Tribunal or, where the decision of the Upper Tribunal was on an appeal or reference from another tribunal or some other person, to the Upper Tribunal or that other tribunal or person, with directions for its reconsideration, or

(ii)re-make the decision.

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

(a)direct that the persons who are chosen to reconsider the case are not to be the same as those who-

(i)where the case is remitted to the Upper Tribunal, made the decision of the Upper Tribunal that has been set aside, or

(ii)where the case is remitted to another tribunal or person, made the decision in respect of which the appeal or reference to the Upper Tribunal was made;

(b)give procedural directions in connection with the reconsideration of the case by the Upper Tribunal or other tribunal or person.

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

(a)may make any decision which the Upper Tribunal could make if the Upper Tribunal were re-making the decision or (as the case may be) which the other tribunal or person could make if that other tribunal or person were re-making the decision, and

(b)may make such findings of fact as it considers appropriate.

(5)Where-

(a)under subsection (2)(b)(i) the relevant appellate court remits a case to the Upper Tribunal, and

(b)the decision set aside under subsection (2)(a) was made by the Upper Tribunal on an appeal or reference from another tribunal or some other person,

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.

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

(a)direct that the persons who are chosen to reconsider the case are not to be the same as those who made the decision in respect of which the appeal or reference to the Upper Tribunal was made;

(b)give procedural directions in connection with the reconsideration of the case by the other tribunal or person.

(7)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).

"Judicial review"

15Upper Tribunal's "judicial review" jurisdiction

(1)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-

(a)a mandatory order;

(b)a prohibiting order;

(c)a quashing order;

(d)a declaration;

(e)an injunction.

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

(a)certain conditions are met (see section 18), or

(b)the tribunal is authorised to proceed even though not all of those conditions are met (see section 19(3) and (4)).

(3)Relief under subsection (1) granted by the Upper Tribunal-

(a)has the same effect as the corresponding relief granted by the High Court on an application for judicial review, and

(b)is enforceable as if it were relief granted by the High Court on an application for judicial review.

(4)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.

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

(a)in cases arising under the law of England and Wales apply the principles that the High Court would apply in deciding whether to grant that relief under section 31(2) of the Supreme Court Act 1981 (c. 54) on an application for judicial review, and

(b)in cases arising under the law of Northern Ireland apply the principles that the High Court would apply in deciding whether to grant that relief on an application for judicial review.

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

(a)a mandatory order under subsection (1)(a) shall be taken to correspond to an order of mandamus,

(b)a prohibiting order under subsection (1)(b) shall be taken to correspond to an order of prohibition, and

(c)a quashing order under subsection (1)(c) shall be taken to correspond to an order of certiorari.

16Application for relief under section 15(1)

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

(2)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.

(3)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.

(4)Subsection (5) applies where the tribunal considers-

(a)that there has been undue delay in making the application, and

(b)that granting the relief sought on the application would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.

(5)The tribunal may-

(a)refuse to grant permission (or leave) for the making of the application;

(b)refuse to grant any relief sought on the application.

(6)The tribunal may award to the applicant damages, restitution or the recovery of a sum due if-

(a)the application includes a claim for such an award arising from any matter to which the application relates, and

(b)the tribunal is satisfied that such an award would have been made by the High Court if the claim had been made in an action begun in the High Court by the applicant at the time of making the application.

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

(8)Where-

(a)the tribunal refuses to grant permission (or leave) to apply for relief under section 15(1),

(b)the applicant appeals against that refusal, and

(c)the Court of Appeal grants the permission (or leave),

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

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

17Quashing orders under section 15(1): supplementary provision

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

(a)remit the matter concerned to the court, tribunal or authority that made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the Upper Tribunal, or

(b)substitute its own decision for the decision in question.

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

(a)the decision in question was made by a court or tribunal,

(b)the decision is quashed on the ground that there has been an error of law, and

(c)without the error, there would have been only one decision that the court or tribunal could have reached.

(3)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.

18Limits of jurisdiction under section 15(1)

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

(a)relief under section 15(1), or

(b)permission (or, in a case arising under the law of Northern Ireland, leave) to apply for relief under section 15(1).

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

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

(4)Condition 1 is that the application does not seek anything other than-

(a)relief under section 15(1);

(b)permission (or, in a case arising under the law of Northern Ireland, leave) to apply for relief under section 15(1);

(c)an award under section 16(6);

(d)interest;

(e)costs.

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

(6)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).

(7)The power to give directions under subsection (6) includes-

(a)power to vary or revoke directions made in exercise of the power, and

(b)power to make different provision for different purposes.

(8)Condition 4 is that the judge presiding at the hearing of the application is either-

(a)a judge of the High Court or the Court of Appeal in England and Wales or Northern Ireland, or a judge of the Court of Session, or

(b)such other persons as may be agreed from time to time between the Lord Chief Justice, the Lord President, or the Lord Chief Justice of Northern Ireland, as the case may be, and the Senior President of Tribunals.

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

(a)the application is to be treated for all purposes as if it-

(i)had been made to the High Court, and

(ii)sought things corresponding to those sought from the tribunal, and

(b)any steps taken, permission (or leave) given or orders made by the tribunal in relation to the application are to be treated as taken, given or made by the High Court.

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

(11)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).

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

(a)an order of mandamus shall be taken to correspond to a mandatory order under section 15(1)(a),

(b)an order of prohibition shall be taken to correspond to a prohibiting order under section 15(1)(b), and

(c)an order of certiorari shall be taken to correspond to a quashing order under section 15(1)(c).

19Transfer of judicial review applications from High Court

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

"31ATransfer of judicial review applications to Upper Tribunal

(1)This section applies where an application is made to the High Court-

(a)for judicial review, or

(b)for permission to apply for judicial review.

(2)If Conditions 1, 2, 3 and 4 are met, the High Court must by order transfer the application to the Upper Tribunal.

(3)If Conditions 1, 2 and 4 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

(4)Condition 1 is that the application does not seek anything other than-

(a)relief under section 31(1)(a) and (b);

(b)permission to apply for relief under section 31(1)(a) and (b);

(c)an award under section 31(4);

(d)interest;

(e)costs.

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

(6)Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

(7)Condition 4 is that the application does not call into question any decision made under-

(a)the Immigration Acts,

(b)the British Nationality Act 1981 (c. 61),

(c)any instrument having effect under an enactment within paragraph (a) or (b), or

(d)any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship."

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

"25ATransfer of judicial review applications to Upper Tribunal

(1)This section applies where an application is made to the High Court-

(a)for judicial review, or

(b)for leave to apply for judicial review.

(2)If Conditions 1, 2, 3 and 4 are met, the High Court must by order transfer the application to the Upper Tribunal.

(3)If Conditions 1, 2 and 4 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

(4)Condition 1 is that the application does not seek anything other than-

(a)relief under section 18(1)(a) to (e);

(b)leave to apply for relief under section 18(1)(a) to (e);

(c)an award under section 20;

(d)interest;

(e)costs.

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

(6)Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

(7)Condition 4 is that the application does not call into question any decision made under-

(a)the Immigration Acts,

(b)the British Nationality Act 1981,

(c)any instrument having effect under an enactment within paragraph (a) or (b), or

(d)any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship."

(3)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)-

(a)the application is to be treated for all purposes as if it-

(i)had been made to the tribunal, and

(ii)sought things corresponding to those sought from the High Court,

(b)the tribunal has the function of deciding the application, even if it does not fall within a class specified under section 18(6), and

(c)any steps taken, permission given, leave given or orders made by the High Court in relation to the application are to be treated as taken, given or made by the tribunal.

(4)Where-

(a)an application for permission is transferred to the Upper Tribunal under section 31A of the Supreme Court Act 1981 (c. 54) and the tribunal grants permission, or

(b)an application for leave is transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) and the tribunal grants leave,

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).

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

(6)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-

(a)a mandatory order under section 15(1)(a) shall be taken to correspond to an order of mandamus,

(b)a prohibiting order under section 15(1)(b) shall be taken to correspond to an order of prohibition, and

(c)a quashing order under section 15(1)(c) shall be taken to correspond to an order of certiorari.

20Transfer of judicial review applications from the Court of Session

(1)Where an application is made to the supervisory jurisdiction of the Court of Session, the Court-

(a)must, if Conditions 1, 2 and 4 are met, and

(b)may, if Conditions 1, 3 and 4 are met, but Condition 2 is not,

by order transfer the application to the Upper Tribunal.

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

(3)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.

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

(5)Condition 4 is that the application does not call into question any decision made under-

(a)the Immigration Acts,

(b)the British Nationality Act 1981 (c. 61),

(c)any instrument having effect under an enactment within paragraph (a) or (b), or

(d)any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.

(6)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.

(7)For the purposes of this section, the subject matter of an application is a devolved Scottish matter if it-

(a)concerns the exercise of functions in or as regards Scotland, and

(b)does not relate to a reserved matter within the meaning of the Scotland Act 1998 (c. 46).

(8)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.

21Upper Tribunal's "judicial review" jurisdiction: Scotland

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

(2)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.

(3)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.

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

(a)has the same effect as the corresponding order granted by the Court of Session on an application to the supervisory jurisdiction of that Court, and

(b)is enforceable as if it were an order so granted by that Court.

(5)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.

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

Miscellaneous

22Tribunal Procedure Rules

(1)There are to be rules, to be called "Tribunal Procedure Rules", governing-

(a)the practice and procedure to be followed in the First-tier Tribunal, and

(b)the practice and procedure to be followed in the Upper Tribunal.

(2)Tribunal Procedure Rules are to be made by the Tribunal Procedure Committee.

(3)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.

(4)Power to make Tribunal Procedure Rules is to be exercised with a view to securing-

(a)that, in proceedings before the First-tier Tribunal and Upper Tribunal, justice is done,

(b)that the tribunal system is accessible and fair,

(c)that proceedings before the First-tier Tribunal or Upper Tribunal are handled quickly and efficiently,

(d)that the rules are both simple and simply expressed, and

(e)that the rules where appropriate confer on members of the First-tier Tribunal, or Upper Tribunal, responsibility for ensuring that proceedings before the tribunal are handled quickly and efficiently.

(5)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.

23Practice directions

(1)The Senior President of Tribunals may give directions-

(a)as to the practice and procedure of the First-tier Tribunal;

(b)as to the practice and procedure of the Upper Tribunal.

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

(3)A power under this section to give directions includes-

(a)power to vary or revoke directions made in exercise of the power, and

(b)power to make different provision for different purposes (including different provision for different areas).

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

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

(a)the Senior President of Tribunals, and

(b)the Lord Chancellor.

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

(a)the application or interpretation of the law;

(b)the making of decisions by members of the First-tier Tribunal or Upper Tribunal.

(7)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.

24Mediation

(1)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-

(a)mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

(b)where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

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

(3)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.

(4)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.

(5)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.

(6)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.

25Supplementary powers of Upper Tribunal

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

(a)has, in England and Wales or in Northern Ireland, the same powers, rights, privileges and authority as the High Court, and

(b)has, in Scotland, the same powers, rights, privileges and authority as the Court of Session.

(2)The matters are-

(a)the attendance and examination of witnesses,

(b)the production and inspection of documents, and

(c)all other matters incidental to the Upper Tribunal's functions.

(3)Subsection (1) shall not be taken-

(a)to limit any power to make Tribunal Procedure Rules;

(b)to be limited by anything in Tribunal Procedure Rules other than an express limitation.

(4)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).

26First-tier Tribunal and Upper Tribunal: sitting places

Each of the First-tier Tribunal and the Upper Tribunal may decide a case-

(a)in England and Wales,

(b)in Scotland, or

(c)in Northern Ireland,

even though the case arises under the law of a territory other than the one in which the case is decided.

27Enforcement

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

(a)shall be recoverable as if it were payable under an order of a county court in England and Wales;

(b)shall be recoverable as if it were payable under an order of the High Court in England and Wales.

(2)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.

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

(a)shall be recoverable as if it were payable under an order of a county court in Northern Ireland;

(b)shall be recoverable as if it were payable under an order of the High Court in Northern Ireland.

(4)This section does not apply to a sum payable in pursuance of-

(a)an award under section 16(6), or

(b)an order by virtue of section 21(1).

(5)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).

(6)Tribunal Procedure Rules-

(a)may make provision as to where, for purposes of this section, a decision is to be taken to be made;

(b)may provide for all or any of subsections (1) to (3) to apply only, or not to apply except, in relation to sums of a description specified in Tribunal Procedure Rules.

28Assessors

(1)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.

(2)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.

(3)The Lord Chancellor may-

(a)establish panels of persons from which either tribunal may (but need not) select persons to give it assistance as mentioned in subsection (1);

(b)under paragraph (a) establish different panels for different purposes;

(c)after carrying out such consultation as he considers appropriate, appoint persons to a panel established under paragraph (a);

(d)remove a person from such a panel.

29Costs or expenses

(1)The costs of and incidental to-

(a)all proceedings in the First-tier Tribunal, and

(b)all proceedings in the Upper Tribunal,

shall be in the discretion of the Tribunal in which the proceedings take place.

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

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

(4)In any proceedings mentioned in subsection (1), the relevant Tribunal may-

(a)disallow, or

(b)(as the case may be) order the legal or other representative concerned to meet,

the whole of any wasted costs or such part of them as may be determined in accordance with Tribunal Procedure Rules.

(5)In subsection (4) "wasted costs" means any costs incurred by a party-

(a)as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or

(b)which, in the light of any such act or omission occurring after they were incurred, the relevant Tribunal considers it is unreasonable to expect that party to pay.

(6)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.

(7)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.

Chapter 3Transfer of tribunal functions

30Transfer of functions of certain tribunals

(1)The Lord Chancellor may by order provide for a function of a scheduled tribunal to be transferred-

(a)to the First-tier Tribunal,

(b)to the Upper Tribunal,

(c)to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order,

(d)to the First-tier Tribunal to the extent specified in the order and to the Upper Tribunal to the extent so specified,

(e)to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by, or under, Tribunal Procedure Rules,

(f)to an employment tribunal,

(g)to the Employment Appeal Tribunal,

(h)to an employment tribunal and the Employment Appeal Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order, or

(i)to an employment tribunal to the extent specified in the order and to the Employment Appeal Tribunal to the extent so specified.

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

(3)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).

(4)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.

(5)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-

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

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

(6)Subsection (5) does not apply to-

(a)the Secretary of State's function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39),

(b)functions of the Consumer Credit Appeals Tribunal,

(c)the Secretary of State's function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38), or

(d)functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53) (but see subsection (7)).

(7)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.

(8)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).

(9)In subsection (8) "relevant function", in relation to a tribunal, means a function which relates-

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

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

31Transfers under section 30: supplementary powers

(1)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.

(2)The Lord Chancellor may by order make provision, where functions of a tribunal are transferred under section 30(1), for a person-

(a)who is the tribunal (but is not the Secretary of State), or

(b)who is a member of the tribunal, or

(c)who is an authorised decision-maker for the tribunal,

to (instead or in addition) be the holder of an office specified in subsection (3).

(3)Those offices are-

(a)transferred-in judge of the First-tier Tribunal,

(b)transferred-in other member of the First-tier Tribunal,

(c)transferred-in judge of the Upper Tribunal,

(d)transferred-in other member of the Upper Tribunal, and

(e)deputy judge of the Upper Tribunal.

(4)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-

(a)is the tribunal,

(b)is a member of the tribunal, or

(c)is an authorised decision-maker for the tribunal,

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).

(5)Subsection (4) does not apply in relation to a person-

(a)by virtue of the person's being the Secretary of State, or

(b)by virtue of the person's being a Commissioner for the general purposes of the income tax;

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.

(6)For the purposes of this section, a person is an "authorised decision-maker" for a tribunal if-

(a)the tribunal is listed in column 1 of an entry in the following Table, and

(b)the person is of the description specified in column 2 of that entry.

(7)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-

(a)Tribunal Procedure Rules, or

(b)employment tribunal procedure regulations, or Appeal Tribunal procedure rules, within the meaning given by section 42(1) of the Employment Tribunals Act 1996 (c. 17).

(8)In subsection (7)-

• "procedural rules" means provision (whether called rules or not)-

  (a)

  regulating practice or procedure before the tribunal, and

  (b)

  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.

(9)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-

(a)of the First-tier Tribunal,

(b)of the Upper Tribunal,

(c)of the Employment Appeal Tribunal, or

(d)of a panel of members of employment tribunals.

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

32Power to provide for appeal to Upper Tribunal from tribunals in Wales

(1)Subsection (2) applies if-

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

(b)a function that is not exercisable in relation to Wales is transferred under section 30(1)(a), (c), (d) or (e) in relation to England and, although there is a corresponding function that is exercisable in relation to Wales, that corresponding function is not transferred under section 30(1) in relation to Wales.

(2)The Lord Chancellor may by order-

(a)provide for an appeal against a decision 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 in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b);

(b)provide for a reference of any matter to be made to the Upper Tribunal instead of to the court to which a reference would otherwise fall to be made where the matter arises in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b).

(3)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.

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

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

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

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

33Power to provide for appeal to Upper Tribunal from tribunals in Scotland

(1)Subsection (2) applies if-

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

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

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

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

(3)An order under subsection (2)-

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

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

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

34Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland

(1)Subsection (2) applies if-

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

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

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

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

(3)An order under subsection (2)-

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

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

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

35Transfer of Ministerial responsibilities for certain tribunals

(1)The Lord Chancellor may by order-

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

(i)to the Lord Chancellor, or

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

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

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

(2)In this section "relevant function" means a function, in relation to a scheduled tribunal, which relates-

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

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

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

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

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

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

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

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

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

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

(7)An order under subsection (1)-

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

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

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

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

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

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

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

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

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

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

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

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

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

(10)In this section-

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

• "the 1975 Act" means the Ministers of the Crown Act 1975 (c. 26).

36Transfer of powers to make procedural rules for certain tribunals

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

(a)himself, or

(b)the Tribunal Procedure Committee.

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

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

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

(3)Subsection (2) does not apply to-

(a)power conferred by section 40A(3) or 41(2) of the Consumer Credit Act 1974 (c. 39) (power to make provision with respect to appeals), or

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

(4)An order under subsection (1)(b)-

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

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

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

(6)An order under this section-

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

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

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

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

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

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

(c)that the rules are both simple and simply expressed, and

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

(8)In this section-

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

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

37Power to amend lists of tribunals in Schedule 6

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

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

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

(c)for the purpose of removing a list from the Schedule;

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

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

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

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

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

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

(3)In subsection (2)(c) "relevant function", in relation to a tribunal, means a function which relates-

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

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

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

(5)In this section "enactment" means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

38Orders under sections 30 to 36: supplementary

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

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

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

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

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

Chapter 4Administrative matters in respect of certain tribunals

39The general duty

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

(a)the First-tier Tribunal,

(b)the Upper Tribunal,

(c)employment tribunals,

(d)the Employment Appeal Tribunal, and

(e)the Asylum and Immigration Tribunal,

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

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

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

40Tribunal staff and services

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

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

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

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

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

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

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

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

(c)unconditionally or subject to the fulfilment of conditions specified in the order.

41Provision of accommodation

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

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

(3)The powers under-

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

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

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

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

42Fees

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

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

(b)anything dealt with by the Upper Tribunal,

(c)anything dealt with by the Asylum and Immigration Tribunal,

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

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

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

(a)scales or rates of fees;

(b)exemptions from or reductions in fees;

(c)remission of fees in whole or in part.

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

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

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

(b)is not an ordinary court of law.

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

(a)the Senior President of Tribunals, and

(b)the Administrative Justice and Tribunals Council.

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

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

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

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

(10)Until the Administrative Justice and Tribunals Council first has ten members appointed under paragraph 1(2) of Schedule 7, the reference to that council in subsection (5) is to be read as a reference to the Council on Tribunals.

43Report by Senior President of Tribunals

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

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

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

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

(3)In this section "relevant tribunal cases" means-

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

(b)cases coming before the Upper Tribunal,

(c)cases coming before the Employment Appeal Tribunal, and

(d)cases coming before employment tribunals.

Chapter 5Oversight of administrative justice system, tribunals and inquiries

44The Administrative Justice and Tribunals Council

(1)There is to be a council to be known as the Administrative Justice and Tribunals Council.

(2)In Schedule 7-

• Part 1 makes provision about membership and committees of the Council,

• Part 2 makes provision about functions of the Council,

• Part 3 requires the Council to be consulted before procedural rules for certain tribunals are made, confirmed etc., and

• Part 4 contains interpretative provisions.

45Abolition of the Council on Tribunals

(1)The following are abolished-

(a)the Council on Tribunals, and

(b)the Scottish Committee of the Council on Tribunals.

(2)In consequence of subsection (1), sections 1 to 4 of the Tribunals and Inquiries Act 1992 (c. 53) cease to have effect.

(3)The Lord Chancellor may by order transfer to the Administrative Justice and Tribunals Council the property, rights and liabilities of-

(a)the Council on Tribunals;

(b)the Scottish Committee of the Council on Tribunals.

Chapter 6Supplementary

46Delegation of functions by Lord Chief Justice etc.

(1)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the provisions listed in subsection (2).

(2)The provisions are-

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

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

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

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

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

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

(b)the Senior President of Tribunals.

(4)The provisions are-

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

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

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

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

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

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

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

(c)the Senior President of Tribunals.

(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.

47Co-operation in relation to judicial training, guidance and welfare

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

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

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

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

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

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

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

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

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

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

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

(5)For the purposes of this section-

(a)"territory" means-

(i)England and Wales,

(ii)Scotland, or

(iii)Northern Ireland;

(b)the "chief justice"-

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

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

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

(c)a person is a "tribunal member" if the person is-

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

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

(iii)a member of a panel of members of employment tribunals (whether or not a panel of chairmen), or

(iv)any member of the Asylum and Immigration Tribunal.

48Consequential and other amendments, and transitional provisions

(1)Schedule 8, which makes-

• amendments consequential on provisions of this Part, and

• other amendments in connection with tribunals and inquiries,

has effect.

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

49Orders and regulations under Part 1: supplemental and procedural provisions

(1)Power-

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

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

(c)of the Scottish Ministers, or the Welsh Ministers, to make an order under paragraph 25(2) of Schedule 7,

is exercisable by statutory instrument.

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

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

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

(5)No order mentioned in subsection (6) is to be made 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.

(6)Those orders are-

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

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

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

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

(7)A statutory instrument that-

(a)contains-

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

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

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

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

(8)Those orders are-

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

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

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

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

Part 2Judicial appointments

50Judicial appointments: "judicial-appointment eligibility condition"

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

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

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

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

(a)the person has a relevant qualification, and

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

(3)In subsection (2) "qualifying period", in relation to a person, means a period during which the person-

(a)has a relevant qualification, and

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

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

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

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

(5)In this section-

• "barrister" means barrister in England and Wales;

• "solicitor" means solicitor of the Senior Courts of England and Wales;

• "statutory provision" means-

  (a)

  a provision of an Act, or

  (b)

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

(6)Schedule 10, which makes amendments-

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

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

• for connected purposes,

has effect.

(7)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in subsection (5) is to be read as a reference to the Supreme Court.

51"Relevant qualification" in section 50: further provision

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

(2)A qualification may be specified under subsection (1) only if it is one awarded-

(a)by the Institute of Legal Executives, or

(b)by a body other than the Institute of Legal Executives that, when the qualification is specified, is designated by Order in Council as an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990 (bodies authorised to confer rights of audience or rights to conduct litigation).

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

(4)Where-

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

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

(c)after the qualification is specified under subsection (1), it becomes the case that the body -

(i)is not designated for the purposes of section 27 of the Courts and Legal Services Act 1990, and

(ii)is not designated for the purposes of section 28 of that Act,

the provision under subsection (1) specifying the qualification ceases to have effect, subject to any provision made under paragraph 33(1) of Schedule 4 to that Act (transitional and incidental provision in connection with revocation of authorised body's designation).

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

(6)For the purposes of section 50 and this section, a person shall be taken first to become a barrister-

(a)when the person completes pupillage in connection with becoming a barrister, or

(b)in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.

(7)For the purposes of section 50-

(a)a barrister,

(b)a solicitor, or

(c)a person who holds a qualification specified under subsection (1),

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

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

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

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

(b)the Judicial Appointments Commission.

(10)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise his function under subsection (9)(a).

(11)In this section-

• "barrister" means barrister in England and Wales;

• "solicitor" means solicitor of the Senior Courts of England and Wales.

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

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

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

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

52Meaning of "gain experience in law" in section 50

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

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

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

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

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

(b)acting as an arbitrator;

(c)practice or employment as a lawyer;

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

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

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

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

(h)teaching or researching law;

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

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

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

(b)is or is not done for remuneration;

(c)is done in the United Kingdom or elsewhere.

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

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

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

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

53Transfer from salaried to fee-paid judicial office

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

(2)After section 94 insert-

"94AAppointments not subject to section 85: courts

(1)Where this section applies to an appointment-

(a)section 85 does not apply, but

(b)the Lord Chancellor may not make the appointment without the concurrence of the Lord Chief Justice.

(2)This section applies to the appointment of a person, on a fee-paid basis, to an office in the table below (the "proposed appointment") if the person-

(a)holds the corresponding qualifying office (or one of them) on a salaried basis, or

(b)ceased to hold the corresponding qualifying office (or one of them) within two years ending with the date when the proposed appointment takes effect and, immediately before ceasing to hold that office, held it on a salaried basis.

(3)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4)) to exercise his function under subsection (1)(b).

(4)In this section "salaried" and "fee-paid" have the meaning given by paragraph 1(2) of Schedule 7 to the Judicial Pensions and Retirement Act 1993 (c. 8).

94BAppointments not subject to section 85: tribunals

(1)Where this section applies to a recommendation or appointment-

(a)section 85 does not apply, but

(b)the Lord Chancellor may not make the recommendation or appointment without the concurrence of the Senior President of Tribunals.

(2)In the case of the appointment of a person as a deputy judge of the Upper Tribunal, if the person holds or has held an office listed in section 6(1) of the Tribunals, Courts and Enforcement Act 2007, the Lord Chancellor must also consult the Lord Chief Justice before making the appointment.

(3)This section applies to, or to a recommendation to Her Majesty for, the appointment of a person, on a fee-paid basis, to an office in the table below (the "proposed appointment") if the person-

(a)holds the corresponding qualifying office (or one of them) on a salaried basis, or

(b)subject to subsection (4), ceased to hold the corresponding qualifying office (or one of them) within two years ending with the date when the proposed appointment takes effect and, immediately before ceasing to hold that office, held it on a salaried basis.

(4)In subsection (3)(b) the words "within two years ending with the date when the proposed appointment takes effect" do not apply if-

(a)the proposed appointment is to the office of deputy judge of the Upper Tribunal, and

(b)the corresponding qualifying office is-

(i)ordinary judge of the Court of Appeal in England and Wales,

(ii)Lord Justice of Appeal in Northern Ireland,

(iii)judge of the Court of Session, or

(iv)puisne judge of the High Court in England and Wales or Northern Ireland.

(5)In this section "salaried" and "fee-paid" have the meaning given by paragraph 1(2) of Schedule 7 to the Judicial Pensions and Retirement Act 1993."

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

"(2A)This section is subject to-

(a)section 30(4) of the Courts-Martial (Appeals) Act 1951,

(b)sections 91(1ZB) and 102(1C) of the Supreme Court Act 1981,

(c)section 8(1ZC) of the County Courts Act 1984, and

(d)sections 94A and 94B below."

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

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

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

(6)In subsection (1)-

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

(b)after paragraph (c) insert-

"(ca)section 94B(2);".

(7)After subsection (3) add-

"(4)Subsections (2) and (3) apply to the reference in section 94A(1) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.

(5)The Lord President of the Court of Session may nominate any of the following to exercise his function under section 94A(1)(b)-

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

(b)the Senior President of Tribunals.

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his function under section 94A(1)(b)-

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

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

(c)the Senior President of Tribunals."

54Continuation of judicial office after normal retirement date

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

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

(d)the Senior President of Tribunals in the case of a person who holds a judicial office that-

(i)is specified in subsection (12A) below, and

(ii)is not in the person's case an office to which any of paragraphs (a) to (c) above applies;

(e)the Lord Chief Justice of England and Wales in the case of a person who holds a judicial office that is not in the person's case an office to which any of paragraphs (a) to (d) applies;".

(3)After subsection (12) insert-

"(12A)The judicial offices mentioned in paragraph (d) of the definition of "appropriate person" in subsection (12) above are-

(a)Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal;

(b)judge, or other member, of the First-tier Tribunal or of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007 ("the 2007 Act");

(c)deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the 2007 Act, except in a case where the holding of the office by the person in question falls within subsection (7)(ga) above;

(d)transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the 2007 Act);

(e)deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the 2007 Act;

(f)an office held by a person if the person's holding of the office results in the person being a member of, or person who is, a tribunal in a list in Schedule 6 to the 2007 Act that has effect for the purposes of section 30 of that Act (but only if the office is specified in Schedule 5 to this Act);

(g)President or other member of the Asylum and Immigration Tribunal;

(h)member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996;

(i)member of a panel of chairmen of employment tribunals.

(12B)Neither paragraph (d) nor paragraph (e) of the definition of "appropriate person" in subsection (12) above applies to an office held by a person if provision about that person's continuation in the office after the compulsory retirement date for the office-

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

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

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

55Appointment of deputy Circuit judges

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

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

56Appointment of deputy district judges, etc.

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

57Deputy, and temporary additional, Masters etc.

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

(2)In subsection (1)-

(a)for "the Lord Chief Justice, after consulting the Lord Chancellor," substitute "the Lord Chancellor", and

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

(3)After subsection (1) insert-

"(1ZA)The Lord Chancellor may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chief Justice.

(1ZB)Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (1ZA) applies.

(1ZC)In this section a "holder of relevant office" means a person who holds, or has held within two years ending with the date when his appointment under this section takes effect-

(a)any office listed in column 1 of Part 2 or 3 of Schedule 2, or

(b)the office of district judge."

(4)For subsection (3) substitute-

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

(5)In subsection (7) for "subsection (1)" substitute "subsection (1ZA)".

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

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

58Appointment of temporary assistants to Judge Advocate General

After section 30(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (temporary assistants to Judge Advocate General) insert-

"(3)The Lord Chancellor may not appoint a holder of relevant office under subsection (2) without the concurrence of the Lord Chief Justice of England and Wales.

(4)Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (3) applies.

(5)In subsection (3) "holder of relevant office" means a person who has, within the two years ending with the day on which this subsection comes into force, been appointed as judge advocate to a court-martial under-

(a)section 84B of the Army Act 1955,

(b)section 84B of the Air Force Act 1955, or

(c)section 53B of the Naval Discipline Act 1957."

59Members and chairmen of certain Appeals Commissions

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

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

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

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

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

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

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

60Appointment as Chairman of Law Commission

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

(2)After subsection (1) insert-

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

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

61Orders permitting disclosures to Judicial Appointments Commission

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

Part 3Enforcement by taking control of goods

Chapter 1Procedure

62Enforcement by taking control of goods

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

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

(3)Schedule 13-

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

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

(4)The following are renamed-

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

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

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

63Enforcement agents

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

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

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

(b)he is exempt;

(c)he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.

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

(a)a constable;

(b)an officer of Revenue and Customs;

(c)a person appointed under section 2(1) of the Courts Act 2003 (c. 39) (court officers and staff).

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

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

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

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

64Certificates to act as an enforcement agent

(1)A certificate may be issued under this section-

(a)by a judge assigned to a county court district;

(b)in prescribed circumstances, by a district judge.

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

(3)The regulations may in particular include provision-

(a)for fees to be charged for applications;

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

(c)for certificates to be limited to purposes specified by or under the regulations;

(d)about complaints against holders of certificates;

(e)about suspension and cancellation of certificates;

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

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

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

65Common law rules replaced

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

(2)The rules replaced include-

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

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

(c)rules of replevin;

(d)rules about rescuing goods.

66Pre-commencement enforcement not affected

Where-

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

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

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

67Transfer of county court enforcement

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

68Magistrates' courts warrants of control

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

"125ZAWarrants of control

(1)This section applies to a warrant of control issued by a justice of the peace.

(2)The person to whom it is directed must endorse the warrant as soon as possible after receiving it.

(3)For the purposes of this section a person endorses a warrant by inserting on the back the date and time when he received it.

(4)No fee may be charged for endorsing a warrant under this section."

69County court warrants of control etc.

For section 99 of the County Courts Act 1984 substitute-

"99Endorsement of warrants of control etc.

(1)This section applies to-

(a)a warrant of control issued under section 85(2);

(b)a warrant of delivery or of possession, but only if it includes a power to take control of and sell goods to recover a sum of money and only for the purposes of exercising that power.

(2)The person to whom the warrant is directed must, as soon as possible after receiving it, endorse it by inserting on the back the date and time when he received it.

(3)No fee may be charged for endorsing a warrant under this section."

70Power of High Court to stay execution

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

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

(b)any instalment of such a sum,

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

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

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

Chapter 2Rent arrears recovery

Abolition of common law right

71Abolition of common law right

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

Commercial rent arrears recovery

72Commercial rent arrears recovery (CRAR)

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

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

73Landlord

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

(2)That is subject to the following.

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

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

(a)"landlord" means any one of them;

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

(5)If the immediate reversion is mortgaged, "landlord" means-

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

(b)otherwise, the mortgagor.

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

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

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

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

74Lease

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

(2)A lease must be evidenced in writing.

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

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

75Commercial premises

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

(a)let under lease A as a dwelling,

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

(c)occupied as a dwelling.

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

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

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

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

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

76Rent

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

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

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

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

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

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

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

77The rent recoverable

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

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

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

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

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

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

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

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

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

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

(b)any permitted deductions.

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

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

78Intervention of the court

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

(a)an order setting aside the notice;

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

(2)Regulations may make provision about-

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

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

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

79Use of CRAR after end of lease

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

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

(a)before the lease ended, or

(b)under subsection (3).

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

(4)These are the conditions-

(a)the lease did not end by forfeiture;

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

(c)the rent was due from the person who was the tenant at the end of the lease;

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

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

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

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

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

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

80Agricultural holdings

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

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

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

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

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

(6)In this section-

• the "1986 Act" means the Agricultural Holdings Act 1986 (c. 5);

• "agricultural holding" has the meaning given by section 1 of the 1986 Act.

Right to rent from sub-tenant

81Right to rent from sub-tenant

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

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

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

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

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

(b)the notice is replaced or withdrawn.

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

(6)Regulations may state-

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

(b)what it must contain;

(c)how it must be served;

(d)what must be done to withdraw it.

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

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

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

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

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

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

82Off-setting payments under a notice

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

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

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

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

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

(4)That is subject to the following.

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

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

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

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

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

83Withdrawal and replacement of notices

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

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

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

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

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

(a)the notice is replaced;

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

84Recovery of sums due and overpayments

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

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

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

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

Supplementary

85Contracts for similar rights to be void

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

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

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

(c)modify the effect of section 72(1), except in accordance with subsection (3).

(2)The amounts are any amounts payable-

(a)as rent;

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

(c)under an agreement collateral to a lease;

(d)under an instrument creating a rentcharge;

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

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

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

(4)In this section-

• "lease" also includes a licence to occupy land;

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

86Amendments

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

87Interpretation of Chapter

In this Chapter-

• "landlord" has the meaning given by section 73;

• "lease" has the meaning given by section 74 (subject to section 85(4));

• "notice of enforcement" means notice under paragraph 7 of Schedule 12;

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

• "tenant", in relation to a lease, means the tenant for the time being under the lease.

Chapter 3General

88Abolition of Crown preference

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

89Application to the Crown

(1)This Part binds the Crown.

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

(a)to recover debts due from the Crown,

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

(c)to enter premises occupied by the Crown.

90Regulations

(1)In this Part-

• "prescribed" means prescribed by regulations;

• "regulations" means regulations made by the Lord Chancellor.

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

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

(4)A statutory instrument containing regulations under paragraph 24(2) or 31(5) of Schedule 12 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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

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

(a)supplementary, incidental or consequential provision;

(b)transitory, transitional or saving provision.

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

Part 4Enforcement of judgments and orders

Attachment of earnings orders

91Attachment of earnings orders: deductions at fixed rates

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

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

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

92Attachment of earnings orders: finding the debtor's current employer

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

"15AFinding the debtor's current employer

(1)If an attachment of earnings order lapses under section 9(4), the proper authority may request the Commissioners-

(a)to disclose whether it appears to the Commissioners that the debtor has a current employer, and

(b)if it appears to the Commissioners that the debtor has a current employer, to disclose the name and address of that employer.

(2)The proper authority may make a request under subsection (1) only for the purpose of enabling the lapsed order to be directed to the debtor's current employer.

(3)The proper authority may not make a request under subsection (1) unless regulations under section 15B(5) and (8) are in force.

(4)The proper authority may disclose such information (including information identifying the debtor) as it considers necessary to assist the Commissioners to comply with a request under subsection (1).

(5)The Commissioners may disclose to the proper authority any information (whether held by the Commissioners or on their behalf) that the Commissioners consider is necessary to comply with a request under subsection (1).

(6)A disclosure under subsection (4) or (5) is not to be taken to breach any restriction on the disclosure of information (however imposed).

(7)Nothing in this section is to be taken to prejudice any power to request or disclose information that exists apart from this section.

(8)The reference in subsection (5) to information held on behalf of the Commissioners includes a reference to any information which-

(a)is held by a person who provides services to the Commissioners, and

(b)is held by that person in connection with the provision of those services.

15BOffence of unauthorised use or disclosure

(1)This section applies if the Commissioners make a disclosure of information ("debtor information") under section 15A(5).

(2)A person to whom the debtor information is disclosed commits an offence if-

(a)he uses or discloses the debtor information, and

(b)the use or disclosure is not authorised by subsection (3), (5), (6) or (7).

(3)The use or disclosure of the debtor information is authorised if it is-

(a)for a purpose connected with the enforcement of the lapsed order (including the direction of the order to the debtor's current employer), and

(b)with the consent of the Commissioners.

(4)Consent for the purposes of subsection (3) may be given-

(a)in relation to particular use or a particular disclosure, or

(b)in relation to use, or a disclosure made, in such circumstances as may be specified or described in the consent.

(5)The use or disclosure of the debtor information is authorised if it is-

(a)in accordance with an enactment or an order of court, or

(b)for the purposes of any proceedings before a court,

and it is in accordance with regulations.

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

(7)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 (8).

(8)Regulations may make provision about the circumstances, if any, in which rules of court may allow any of the following-

(a)access to, or the supply of, debtor information;

(b)access to, or the supply of copies of, any attachment of earnings order which has been directed to an employer using debtor information.

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

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

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum, or to both.

15CRegulations

(1)It is for the Lord Chancellor to make regulations under section 15B.

(2)But the Lord Chancellor may make regulations under section 15B only with the agreement of the Commissioners.

(3)Regulations under section 15B are to be made by statutory instrument.

(4)A statutory instrument containing regulations under section 15B may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

15DInterpretation

(1)For the purposes of sections 15A to 15C (and this section)-

• "the Commissioners" means the Commissioners for Her Majesty's Revenue and Customs;

• "information" means information held in any form;

• "the lapsed order" means the attachment of earnings order referred to in section 15A(1);

• "the proper authority" is determined in accordance with subsections (2) to (5).

(2)If the lapsed order was made by the High Court, the proper authority is the High Court.

(3)If the lapsed order was made by a county court, the proper authority is a county court.

(4)If the lapsed order was made by a magistrates' court under this Act, the proper authority is-

(a)a magistrates' court, or

(b)the designated officer for a magistrates' court.

(5)If the lapsed order was made by a magistrates' court or a fines officer under Schedule 5 to the Courts Act 2003, the proper authority is-

(a)a magistrates' court, or

(b)a fines officer."

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

(3)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), 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.

Charging orders

93Payment by instalments: making and enforcing charging orders

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

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

"(6)Subsections (7) and (8) apply where, under a judgment or order of the High Court or a county court, a debtor is required to pay a sum of money by instalments.

(7)The fact that there has been no default in payment of the instalments does not prevent a charging order from being made in respect of that sum.

(8)But if there has been no default, the court must take that into account when considering the circumstances of the case under subsection (5)."

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

"(4A)Subsections (4C) to (4E) apply where-

(a)a debtor is required to pay a sum of money in instalments under a judgment or order of the High Court or a county court (an "instalments order"), and

(b)a charge has been imposed by a charging order in respect of that sum.

(4B)In subsections (4C) to (4E) references to the enforcement of a charge are to the making of an order for the enforcement of the charge.

(4C)The charge may not be enforced unless there has been default in payment of an instalment under the instalments order.

(4D)Rules of court may-

(a)provide that, if there has been default in payment of an instalment, the charge may be enforced only in prescribed cases, and

(b)limit the amounts for which, and the times at which, the charge may be enforced.

(4E)Except so far as otherwise provided by rules of court under subsection (4D)-

(a)the charge may be enforced, if there has been default in payment of an instalment, for the whole of the sum of money secured by the charge and the costs then remaining unpaid, or for such part as the court may order, but

(b)the charge may not be enforced unless, at the time of enforcement, the whole or part of an instalment which has become due under the instalments order remains unpaid."

(4)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".

(5)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".

(6)This section does not apply in a case where a judgment or order of the High Court or a 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.

94Charging orders: power to set financial thresholds

In the Charging Orders Act 1979 (c. 53), after section 3 there is inserted-

"3APower to set financial thresholds

(1)The Lord Chancellor may by regulations provide that a charge may not be imposed by a charging order for securing the payment of money of an amount below that determined in accordance with the regulations.

(2)The Lord Chancellor may by regulations provide that a charge imposed by a charging order may not be enforced by way of order for sale to recover money of an amount below that determined in accordance with the regulations.

(3)Regulations under this section may-

(a)make different provision for different cases;

(b)include such transitional provision as the Lord Chancellor thinks fit.

(4)The power to make regulations under this section is exercisable by statutory instrument.

(5)The Lord Chancellor may not make the first regulations under subsection (1) or (2) unless (in each case) a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(6)A statutory instrument containing any subsequent regulations under those subsections is subject to annulment in pursuance of a resolution of either House of Parliament."

Information requests and orders

95Application for information about action to recover judgment debt

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

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

96Action by the court

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

(2)The relevant court may make one or more of the following in relation to the debtor-

(a)a departmental information request;

(b)an information order.

(3)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.

(4)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.

(5)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.

(6)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.

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

(8)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.

97Departmental information requests

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

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

(3)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-

(a)the full name of the debtor;

(b)the address of the debtor;

(c)the date of birth of the debtor;

(d)the national insurance number of the debtor;

(e)prescribed information.

(4)In the case of a request made to the Commissioners, the disclosure of some or all of the following information may be requested-

(a)whether or not the debtor is employed;

(b)the name and address of the employer (if the debtor is employed);

(c)the national insurance number of the debtor;

(d)prescribed information.

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

(6)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-

  (a)

  any part of the Scottish Administration;

  (b)

  a Northern Ireland department;

  (c)

  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.

98Information orders

(1)An information order is an order of the relevant court which-

(a)specifies a prescribed person ("the information discloser"),

(b)specifies prescribed information relating to the debtor ("the required information"), and

(c)orders the information discloser to disclose the required information to the relevant court.

(2)In subsection (1) "prescribed" means prescribed in regulations.

(3)Regulations under this section may be made by reference to-

(a)particular persons or particular descriptions of person (or both);

(b)particular information or particular descriptions of information (or both).

(4)Regulations may, in particular, be made under this section so as to ensure that-

(a)an information order made against a particular person, or a person of a particular description, may order that person to disclose only particular information, or information of a particular description;

(b)an information order that orders the disclosure of particular information, or information of a particular description, may only be made against a particular person, or a person of a particular description.

(5)Regulations under this section must not make provision that would allow the relevant court to order-

(a)the disclosure of information by the debtor, or

(b)the disclosure of information held by, or on behalf of, a government department.

99Responding to a departmental information request

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

(2)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.

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

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

100Information order: required information not held etc.

(1)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.

(2)These are the permitted reasons-

(a)the information provider does not hold the information;

(b)the information provider is unable to ascertain whether the information is held, because of the way in which the information order identifies the debtor;

(c)the disclosure of the information would involve the information discloser in unreasonable effort or expense.

(3)It is to be presumed that a failure to disclose required information is for a permitted reason if-

(a)the information discloser gives the relevant court a certificate that complies with subsection (4), and

(b)there is no evidence that the failure is not for a permitted reason.

(4)The certificate must state-

(a)which of the required information is not being disclosed;

(b)what the permitted reason is, or permitted reasons are, for the failure to disclose that information.

(5)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.

101Using the information about the debtor

(1)This section applies if-

(a)the creditor in relation to a judgment debt makes an application for information under section 95, and

(b)information ("debtor information") is disclosed to the relevant court in compliance with a request or order made under section 96.

(2)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.

(3)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.

(4)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.

(5)If the creditor takes any action in another court to recover the judgment debt-

(a)the relevant court may disclose the debtor information to the other court, and

(b)the other court may use that information in carrying out functions in relation to that action.

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

(a)regulations about such use or disclosure of information are in force, and

(b)the use or disclosure complies with those regulations.

(7)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.

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

(a)in relation to particular use or a particular disclosure, or

(b)in relation to use, or a disclosure made, in such circumstances as may be specified or described in the consent.

(9)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).

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

102Offence of unauthorised use or disclosure

(1)This section applies if-

(a)an application is made under section 95 in relation to recovery of a judgment debt ("the relevant judgment debt"),

(b)a departmental information request or an information order is made in consequence of that application, and

(c)information ("debtor information") is disclosed in accordance with the request or order.

(2)A person to whom the debtor information is disclosed commits an offence if he-

(a)uses or discloses the debtor information, and

(b)the use or disclosure is not authorised by any of subsections (3) to (6).

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

(4)The use or disclosure of the debtor information is authorised if it is-

(a)in accordance with an enactment or order of court, or

(b)for the purposes of any proceedings before a court,

and it is in accordance with regulations.

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

(6)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).

(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.

(8)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.

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

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b)on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum, or to both.

103Regulations

(1)It is for the Lord Chancellor to make information regulations.

(2)But the Lord Chancellor may make the following regulations only with the agreement of the Commissioners-

(a)regulations under section 97(4)(d);

(b)regulations under section 102(4) or (7) so far as the regulations relate to the use or disclosure of debtor information disclosed by the Commissioners.

(3)Information regulations are to be made by statutory instrument.

(4)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.

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

(a)regulations under section 95, or

(b)regulations under section 97 which designate a Secretary of State for the purpose of that section.

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

(7)In this section "information regulations" means regulations under any of sections 95 to 102.

104Interpretation

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

(2)In those provisions-

• "Commissioners" means the Commissioners for Her Majesty's Revenue and Customs;

• "creditor", in relation to a judgment debt, means-

  (a)

  the person to whom the debt is payable (whether directly or through an officer of any court or another person);

  (b)

  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)

  a sum which is payable under a judgment or order enforceable by the High Court or a county court;

  (b)

  a sum which, by virtue of an enactment, is recoverable as if it were payable under a judgment or order of the High Court or of a 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.

(3)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-

(a)is held by a person who provides services to the department or to the information discloser, and

(b)is held by that person in connection with the provision of those services.

105Application and transitional provision

(1)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.

(2)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in section 102(9)(b) to 12 months is to be read as a reference to 6 months.

Part 5Debt management and relief

Chapter 1Administration orders

106Administration orders

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

"Part 6Administration Orders

Administration orders

112AAdministration orders

An administration order is an order-

(a)to which certain debts are scheduled in accordance with section 112C, 112D or 112Y(3) or (4),

(b)which imposes the requirement specified in section 112E on the debtor, and

(c)which imposes the requirements specified in sections 112F to 112I on certain creditors.

112BPower to make order

(1)A county court may make an administration order if the conditions in subsections (2) to (7) are met.

(2)The order must be made in respect of an individual who is a debtor under two or more qualifying debts.

(3)That individual ("the debtor") must not be a debtor under any business debts.

(4)The debtor must not be excluded under any of the following-

(a)the AO exclusion;

(b)the voluntary arrangement exclusion;

(c)the bankruptcy exclusion.

(5)The debtor must be unable to pay one or more of his qualifying debts.

(6)The total amount of the debtor's qualifying debts must be less than, or the same as, the prescribed maximum.

(7)The debtor's surplus income must be more than the prescribed minimum.

(8)Before making an administration order, the county court must have regard to any representations made-

(a)by any person about why the order should not be made, or

(b)by a creditor under a debt about why the debt should not be taken into account in calculating the total amount of the debtor's qualifying debts.

Scheduling debts

112CScheduling declared debts

(1)This section applies to a qualifying debt ("the declared debt") if-

(a)an administration order is made, and

(b)when the order is made, the debt is taken into account in calculating the total amount of the debtor's qualifying debts for the purposes of section 112B(6).

(2)If the declared debt is already due at the time the administration order is made, the proper county court must schedule the debt to the order when the order is made.

(3)If the declared debt becomes due after the administration order is made, the proper county court must schedule the debt to the order if the debtor, or the creditor under the debt, applies to the court for the debt to be scheduled.

(4)This section is subject to section 112AG(5).

112DScheduling new debts

(1)This section applies to a qualifying debt ("the new debt") if the debt-

(a)arises after an administration order is made, and

(b)becomes due during the currency of the order.

(2)The proper county court may schedule the new debt to the administration order if these conditions are met-

(a)the debtor, or the creditor under the new debt, applies to the court for the debt to be scheduled;

(b)the total amount of the debtor's qualifying debts (including the new debt) is less than, or the same as, the prescribed maximum.

Requirements imposed by order

112ERepayment requirement

(1)An administration order must, during the currency of the order, impose a repayment requirement on the debtor.

(2)A repayment requirement is a requirement for the debtor to repay the scheduled debts.

(3)The repayment requirement may provide for the debtor to repay a particular scheduled debt in full or to some other extent.

(4)The repayment requirement may provide for the debtor to repay different scheduled debts to different extents.

(5)In the case of a new debt scheduled to the order in accordance with section 112D, the repayment requirement may provide that no due repayment in respect of the new debt is to be made until the debtor has made all due repayments in respect of declared debts.

(6)The repayment requirement must provide that the due repayments are to be made by instalments.

(7)It is for the proper county court to decide when the instalments are to be made.

(8)But the proper county court is to determine the amount of the instalments in accordance with repayment regulations.

(9)Repayment regulations are regulations which make provision for instalments to be determined by reference to the debtor's surplus income.

(10)The repayment requirement may provide that the due repayments are to be made by other means (including by one or more lump sums) in addition to the instalments required in accordance with subsection (6).

(11)The repayment requirement may include provision in addition to any that is required or permitted by this section.

(12)In this section-

• "declared debt" has the same meaning as in section 112C (and for this purpose it does not matter whether a declared debt is scheduled to the administration order when it is made, or afterwards);

• "due repayments" means repayments which the repayment requirement requires the debtor to make;

• "new debt" has the same meaning as in section 112D.

112FPresentation of bankruptcy petition

(1)An administration order must, during the currency of the order, impose the following requirement.

(2)The requirement is that no qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless the creditor has the permission of the proper county court.

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

112GRemedies other than bankruptcy

(1)An administration order must, during the currency of the order, impose the following requirement.

(2)The requirement is that no qualifying creditor of the debtor is to pursue any remedy for the recovery of a qualifying debt unless-

(a)regulations under subsection (3) provide otherwise, or

(b)the creditor has the permission of the proper county court.

(3)Regulations may specify classes of debt which are exempted (or exempted for specified purposes) from the restriction imposed by subsection (2).

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

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

112HCharging of interest etc

(1)An administration order must, during the currency of the order, impose the following requirement.

(2)The requirement is that no creditor under a scheduled debt is to charge any sum by way of interest, fee or other charge in respect of that debt.

112IStopping supplies of gas or electricity

(1)An administration order must, during the currency of the order, impose the requirement in subsection (3).

(2)In relation to that requirement, a domestic utility creditor is any person who-

(a)provides the debtor with a supply of mains gas or mains electricity for the debtor's own domestic purposes, and

(b)is a creditor under a qualifying debt that relates to the provision of that supply.

(3)The requirement is that 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 (6).

(4)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 making of the administration order.

(5)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-

(a)that supply, or

(b)any other supply of mains gas or mains electricity, or of associated services, that is provided by the domestic utility creditor.

(6)The third case is where the proper county court gives permission to stop a supply.

(7)The proper county court may give permission for the purposes of subsection (6) subject to such conditions as it thinks fit.

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

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

Making an order

112JApplication for an order

(1)A county court may make an administration order only on the application of the debtor.

(2)The debtor may make an application for an administration order whether or not a judgment has been obtained against him in respect of any of his debts.

112KDuration

(1)A county court may, at the time it makes an administration order, specify a day on which the order will cease to have effect.

(2)The court may not specify a day which falls after the last day of the maximum permitted period.

(3)If the court specifies a day under this section, the order ceases to have effect on that day.

(4)If the court does not specify a day under this section, the order ceases to have effect at the end of the maximum permitted period.

(5)The maximum permitted period is the period of five years beginning with the day on which the order is made.

(6)This section is subject to-

(a)section 112S (variation of duration);

(b)section 112W (effect of revocation).

(7)This section is also subject to the following (effect of enforcement restriction order or debt relief order on administration order)-

(a)section 117I of this Act;

(b)section 251F of the Insolvency Act 1986.

Effects of order

112LEffect on other debt management arrangements

(1)This section applies if-

(a)an administration order is made, and

(b)immediately before the order is made, other debt management arrangements are in force in respect of the debtor.

(2)The other debt management arrangements cease to be in force when the administration order is made.

(3)If the proper county court is aware of the other debt management arrangements, the court must give the relevant authority notice that the order has been made.

(4)In a case where the proper county court is aware of other debt management arrangements at the time it makes the order, it must give the notice as soon as practicable after making the order.

(5)In a case where the proper county court becomes aware of those arrangements after it makes the order, it must give the notice as soon as practicable after becoming aware of them.

(6)"Other debt management arrangements" means any of the following-

(a)an enforcement restriction order under Part 6A of this Act;

(b)a debt relief order under Part 7A of the Insolvency Act 1986;

(c)a debt repayment plan arranged in accordance with a debt management scheme that is approved under Chapter 4 of Part 5 of the Tribunals, Courts and Enforcement Act 2007.

(7)"The relevant authority" means-

(a)in relation to an enforcement restriction order: the proper county court (within the meaning of Part 6A);

(b)in relation to a debt relief order: the official receiver;

(c)in relation to a debt repayment plan: the operator of the debt management scheme in accordance with which the plan is arranged.

(8)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.

112MDuty to provide information

(1)This section applies if, and for as long as, an administration order has effect in respect of a debtor.

(2)The debtor must, at the prescribed times, provide the proper county court with particulars of his-

(a)earnings,

(b)income,

(c)assets, and

(d)outgoings.

(3)The debtor must provide particulars of those matters-

(a)as the matters are at the time the particulars are provided, and

(b)as the debtor expects the matters to be at such times in the future as are prescribed.

(4)If the debtor intends to dispose of any of his property he must, within the prescribed period, provide the proper county court with particulars of the following matters-

(a)the property he intends to dispose of;

(b)the consideration (if any) he expects will be given for the disposal;

(c)such other matters as may be prescribed;

(d)such other matters as the court may specify.

(5)But subsection (4) does not apply if the disposal is of-

(a)goods that are exempt goods for the purposes of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,

(b)goods that are protected under any other enactment from being taken control of under that Schedule, or

(c)prescribed property.

(6)The duty under subsection (4) to provide the proper county court with particulars of a proposed disposal of property applies whether the debtor is the sole owner, or one of several owners, of the property.

(7)In any provision of this section "prescribed" means prescribed in regulations for the purposes of that provision.

112NOffence if information not provided

(1)A person commits an offence if he fails to comply with-

(a)section 112M(2) and (3), or

(b)section 112M(4).

(2)A person who commits an offence under subsection (1) may be ordered by a judge of the proper county court to pay a fine of not more than £250 or to be imprisoned for not more than 14 days.

(3)Where under subsection (2) a person is ordered to be imprisoned by a judge of the proper county court, the judge may at any time-

(a)revoke the order, and

(b)if the person is already in custody, order his discharge.

(4)Section 129 of this Act (enforcement of fines) applies to payment of a fine imposed under subsection (2).

(5)For the purposes of section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), subsection (2) is to be treated as an enactment enabling a county court to deal with an offence under subsection (1) as if it were a contempt of court.

(6)A district judge or deputy district judge shall have the same powers under this section as a judge of a county court.

112OExisting county court proceedings to be stayed

(1)This section applies if these conditions are met-

(a)an administration order is made;

(b)proceedings in a county court (other than bankruptcy proceedings) are pending against the debtor in respect of a qualifying debt;

(c)by virtue of a requirement included in the order by virtue of section 112G, the creditor under the qualifying debt is not entitled to continue the proceedings in respect of the debt;

(d)the county court receives notice of the administration order.

(2)The county court must stay the proceedings.

(3)The court may allow costs already incurred by the creditor.

(4)If the court allows such costs, it may on application or of its motion add them-

(a)to the debt, or

(b)if the debt is a scheduled debt, to the amount scheduled to the order in respect of the debt.

(5)But the court may not add the costs under subsection (4)(b) if the court is under a duty under section 112U(6)(b) to revoke the order because the total amount of the debtor's qualifying debts (including the costs) is more than the prescribed maximum.

112PAppropriation of money paid

(1)Money paid into court under an administration order is to be appropriated-

(a)first in satisfaction of any relevant court fees, and

(b)then in liquidation of debts.

(2)Relevant court fees are any fees under an order made under section 92 of the Courts Act 2003 which are payable by the debtor in respect of the administration order.

112QDischarge from debts

(1)If the debtor repays a scheduled debt to the extent provided for by the administration order, the proper county court must-

(a)order that the debtor is discharged from the debt, and

(b)de-schedule the debt.

(2)If the debtor repays all of the scheduled debts to the extent provided for by the administration order, the proper county court must revoke the order.

(3)Subsections (1) and (2) apply to all scheduled debts, including any which, under the administration order, are to be repaid other than to their full extent.

Variation

112RVariation

(1)The proper county court may vary an administration order.

(2)The power under this section is exercisable-

(a)on the application of the debtor;

(b)on the application of a qualifying creditor;

(c)of the court's own motion.

112SVariation of duration

(1)The power under section 112R includes power to vary an administration order so as to specify a day, or (if a day has already been specified under section 112K or this subsection) a different day, on which the order will cease to have effect.

(2)But the new termination day must fall on or before the last day of the maximum permitted period.

(3)If the proper county court varies an administration under subsection (1), the order ceases to have effect on the new termination day.

(4)In this section-

(a)"new termination day" means the day on which the order will cease to have effect in accordance with the variation under subsection (1);

(b)"maximum permitted period" means the period of five years beginning with the day on which the order was originally made.

(5)This section is subject to section 112W (effect of revocation).

112TDe-scheduling debts

(1)The power under section 112R includes power to vary an administration order by de-scheduling a debt.

(2)But the debt may be de-scheduled only if it appears to the proper county court that it is just and equitable to do so.

Revocation

112UDuty to revoke order

(1)The proper county court must revoke an administration order in either of these cases-

(a)where it becomes apparent that, at the time the order was made, the condition in subsection 112B(2) was not met (debtor in fact did not have two or more qualifying debts);

(b)where the debtor is no longer a debtor under any qualifying debts.

(2)The proper county court must revoke an administration order in either of these cases-

(a)where it becomes apparent that, at the time the order was made, the condition in subsection 112B(3) was not met (debtor in fact had business debt), and he is still a debtor under the business debt, or any of the business debts, in question;

(b)where the debtor subsequently becomes a debtor under a business debt, and he is still a debtor under that debt.

(3)The proper county court must revoke an administration order where it becomes apparent that, at the time the order was made, the condition in section 112B(4) was not met (debtor in fact excluded under AO, voluntary arrangement or bankruptcy exclusion).

(4)The proper county court must revoke an administration order where, after the order is made-

(a)the debtor becomes excluded under the voluntary arrangement exclusion, or

(b)a bankruptcy order is made against the debtor, and is still in force.

(5)The proper county court must revoke an administration order in either of these cases-

(a)where it becomes apparent that, at the time the order was made, the condition in section 112B(5) was not met (debtor in fact able to pay qualifying debts);

(b)where the debtor is now able to pay all of his qualifying debts.

(6)The proper county court must revoke an administration order in either of these cases-

(a)where it becomes apparent that, at the time the order was made, the condition in section 112B(6) was not met (debtor's qualifying debts in fact more than prescribed maximum);