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TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

UK Public General Acts

Version 08/08/2011

2007 CHAPTER 15

Default Geographical Extent: E+W+S+N.I.


  • Part 1. Tribunals and Inquiries
    • Chapter 1. Tribunal judiciary: independence and Senior President
    • Chapter 2. First-tier Tribunal and Upper Tribunal
      • Establishment
      • Members and composition of tribunals
      • Review of decisions and appeals
      • “Judicial review”
      • Miscellaneous
    • Chapter 3. Transfer of tribunal functions
    • Chapter 4. Administrative matters in respect of certain tribunals
    • Chapter 5. Oversight of administrative justice system, tribunals and inquiries
    • Chapter 6. Supplementary
  • Part 2. Judicial appointments
  • Part 3 (E+W). Enforcement by taking control of goods (P)
    • Chapter 1 (E+W). Procedure
    • Chapter 2 (E+W). Rent arrears recovery
      • Abolition of common law right (E+W)
      • Commercial rent arrears recovery (E+W)
      • Right to rent from sub-tenant (E+W)
      • Supplementary (E+W)
    • Chapter 3 (E+W). General
  • Part 4 (E+W). Enforcement of judgments and orders (P)
    • Attachment of earnings orders (E+W)
    • Charging orders (E+W)
    • Information requests and orders (E+W)
  • Part 5 (E+W). Debt management and relief
    • Chapter 1 (E+W). Administration orders (P)
    • Chapter 2 (E+W). Enforcement restriction orders (P)
    • Chapter 3 (E+W). Debt relief orders
    • Chapter 4 (E+W). Debt management schemes (P)
      • Introductory (E+W)
      • Approval of schemes (E+W)
      • Effect of plans etc. (E+W)
      • Appeals (E+W)
      • Approved schemes: charging (E+W)
      • Termination of approval (E+W)
      • Effects of end of approval (E+W)
      • The supervising authority (E+W)
      • Various (E+W)
  • Part 6. Protection of cultural objects on loan
  • Part 7 (E+W). Miscellaneous
    • Compulsory purchase (E+W)
    • Judicial review (E+W)
    • Employment tribunals: ACAS (E+W)
    • Design rights: appeals (E+W) (P)
  • Part 8. General
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Introductory Text

Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

An Act to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments and appointments to the Law Commission; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes.

[19th July 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 Act: power to apply (with modifications) conferred (1.1.2010 for certain purposes) by Saving Gateway Accounts Act 2009 (c. 8) {ss. 24(4)(5)}, 31; S.I. 2009/3332, art. 2(e)


Part 1
Tribunals and Inquiries



Chapter 1
Tribunal judiciary: independence and Senior President



1 Independence 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.”

2 Senior 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,[F1 and]
(d) the Employment Appeal Tribunal, F2 . . .
(e) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:

Amendments (Textual)

F1 Word in s. 2(4)(c) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 37(a) (with Sch. 4)

F2 S. 2(4)(e) and word omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 37(b) (with Sch. 4)


Chapter 2
First-tier Tribunal and Upper Tribunal



Establishment


3 The 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


4 Judges 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) F3 . . . 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.

Annotations:

Amendments (Textual)

F3 Words in s. 4(1)(d) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 38 (with Sch. 4)


5 Judges 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) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) ) ,[F5 or]
(c) is a member of the Employment Appeal Tribunal appointed under section 22(1) (c) of the Employment Tribunals Act 1996 (c. 17) , F6 . . .
(d) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.

Annotations:

Amendments (Textual)

F4 S. 5(1)(d) omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 39(a) (with Sch. 4)

F5 Word in s. 5(2)(b) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 39(b)(i) (with Sch. 4)

F6 S. 5(2)(d) and word omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 39(b)(ii) (with Sch. 4)


6 Certain 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.

7 Chambers: 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.
Annotations:

Commencement Information

I1 S. 7 wholly in force at 3.11.2008; s. 7 not in force at Royal Assent see s. 148; s. 7(1)(9) in force at 19.9.2007 by S.I. 2007/2709, art. 2(a); s. 7(2)-(8) in force at 3.11.2008 by S.I. 2008/2696, {art . 5(a)}


8 Senior 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.

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