Tribunals, Courts and Enforcement Act 2007

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Tribunals, Courts and Enforcement Act 2007
Commencement
19 September 2007
Repealed—
Other legislation
Repeals/revokes
Amended by—
Repealed by—
Relates to—
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Tribunals, Courts and Enforcement Act 2007 (c. 15) is an

Community obligation or a treaty
obligation.

Tribunals and inquiries

Main article: Tribunals in the United Kingdom

These provisions started to come into force on 19 September 2007. Though as of July 2008, no dates have been set for completing the process, the first tribunals under the new system are planned to sit from 3 November 2008.[3][4][5][6][7][8]

Background

In the UK,

Courts of the United Kingdom, reform was recommended to create a unified and simplified structure, better integrated into the courts system.[10][11]

New tribunal structure

Section 1 of the Act recognises legally qualified members of tribunals as members of the

judiciary of the United Kingdom who are guaranteed continued judicial independence (s. 1).[12]

Section 3 of the Act creates two new tribunals to which existing

Court of Appeal of England and Wales, Court of Appeal in Northern Ireland or Court of Session (Scotland) (s. 13).[13] The first chambers within the First-tier Tribunal are planned to start sitting on 3 November 2008.[8]

The Act replaces the

Queen on the recommendation of the Lord Chancellor. (s.2/ Sch.1).[13]

Chambers will be created flexibly by the Lord Chancellor in consultation with the Senior President of Tribunals and each will have its own Chamber President (s. 7/ Sch. 4).[13]

Tribunal judgments will carry a right to a

High Court (s. 27).[13]

Judicial appointments

These provisions started to come into force on 19 September 2007 and implementation was completed on 21 July 2008.[3][4][5][6][7]

Background

In 2004, the

Department of Constitutional Affairs consulted on means of increasing diversity among the judiciary in the UK. They concluded that the qualifications required to serve as a judge were a barrier to a broader judiciary and recommended that they be varied, in particular by shortening the period of legal practice demanded before seeking office. However, the consultation recognised the anomaly that a barrister or solicitor could seek office after a certain period of qualification, even had they never practised.[14][15]

The judicial-appointment eligibility condition

The Act creates a judicial-appointment eligibility condition that a person (s.50(2)-(3)):[15]

  • Holds a relevant qualification; and
  • Has gained experience in law for a specified period while holding a relevant qualification

Relevant qualification is as a barrister or solicitor (s. 50) though the Lord Chancellor can extend this to members of the

Circuit Judge, seven years.[15]

Experience in law can be (s. 52):

Sections 53-59 make various changes to the rules for appointing judges while section 60 requires that the chairman of the

Court of Appeal of England and Wales.[15]

Enforcement by taking control of goods

As of April 2008[update] no dates have been set for the coming into force of these provisions.[3][4][5][6][7]

Background

The previous system of

White Paper proposing modernisation and regulation.[16][17]

Distress for rent

Section 71 abolishes the ancient common law self-help remedy of distress for rent, replacing it, solely for leases on commercial property, by a statutory system of Commercial Rent Arrears Recovery (CRAR) (ss. 72-87/ Sch. 14).[17]

Enforcing judgments against goods

Writs of fieri facias are renamed writs of control. Warrants of execution and warrants of distress are renamed warrants of control. Writs of fieri facias de bonis ecclesiasticis are unaffected. (s. 62).

Section 65 abolishes the common law rules concerning:

  • Distinctions between an illegal, an irregular and an excessive exercise of a power;
  • Remedies available to the debtor;
  • Replevin; and
  • Rescuing goods.[a]

Schedules 12 and 13 create a new process of taking control of goods.[17]

Enforcement agents

The Act replaces the ancient office of bailiff with that of enforcement agent (County Court bailiffs are still referred to as such). Section 63 of the Act restricts the role of enforcement agent to an individual who:[17]

  • Acts under a certificate under the Act. Certificates can be issued by various judges and the Lord Chancellor has the power to make regulations for the granting of certificates (s. 64).
  • Is exempt because he acts in the course of his duty as:
  • Acts in the presence or under the direction of one of the above;
  • Is exempt because he acts in the course of his duty as an officer of a government department.

Otherwise, a person who

recklessly purports to act as an enforcement agent is guilty of a summary offence and, on conviction, can be fined up to level 5 on the standard scale (s. 63(6) -(7)).[17]

Enforcement of judgments and orders

As of April 2008[update], no date is fixed for the coming into force of these provisions.[3][4][5][6][7]

Background

Various problems were perceived to persist with the availability, quality and reliability of financial information from debtors. Attachment of earnings orders required the debtor to certify their own income and this was frequently misstated. Charging orders could not be made unless the debtor was in arrears with payments against the debt. This situation was perceived as offering opportunities for the debtor to dispose of valuable property while making modest instalments in the short term. Information hearings under Part 71 of the Civil Procedure Rules were widely perceived as ineffective.[16][19]

Attachment of earnings orders

Section 91 and Schedule 15 amend the Attachment of Earnings Act 1971 to allow deductions to be made on the basis of a fixed rate, similar to the scheme already used for Council Tax arrears. Section 92 amends the 1971 Act to give the court the power to seek information on the details of a debtor's current employer from HM Revenue and Customs.[19]

Charging orders

Section 93 amends the Charging Orders Act 1979 to enable charging orders to be made even though the debtor is not in arrears of an order for payment of the debt by instalments. However, sale can only be ordered if instalments are missed. Section 94 gives the Lord Chancellor the power to make regulations setting minimum limits on the value of debts where these provisions can be used to prevent their being invoked unfairly or vexatiously.[19]

Information requests and orders

Sections 95 to 105 establish a system of

credit reference agencies.[19]

Debt management and relief

As of April 2008[update], no date is fixed for the coming into force of these provisions.[3][4][5][6][7]

Background

Consultation by the Department for Constitutional Affairs suggested that some people, especially those with small debts and few

Administration Orders (AOs) and Enforcement Restriction Orders (EROs) were seen to be deficient.[20][21][22]

AOs, EROs and DROs

The act makes changes to the schemes for AOs and EROs so that they are available to a broader class of people in financial difficulties (ss. 106-107/ Sch. 16).

Debt Relief Order (DRO). DROs are a low-cost scheme offered under narrow criteria for those currently excluded by the insolvency system. They will be administered by official receivers outside the courts' jurisdiction and will offer protection from creditors for a year. In 2007, it was estimated that there were 70,000 private, unregulated and unenforceable debt management schemes in operation in the UK. Sections 109 to 133 and Schedule 21 provide for a statutory system of Debt Management Schemes to regulate such practises.[21]

Protection of cultural artifacts

These provisions came into effect in England on 31 December 2007,[4] in Scotland on 21 April 2008,[23] and in Wales and Northern Ireland on 22 April 2008.[6]

Background

The possibility that

Russian Revolution.[26] The new provisions of this section of the Act came into force on 31 December[4] and the Russian government gave permission for the paintings to travel to the UK and for the exhibition to go ahead on 9 January 2008.[27]

Protection under the Act

Section 135 defines the articles to be protected as those normally kept and owned outside the UK, lawfully imported for display or exhibition at an approved museum or gallery. The protection lasts for a maximum of 12 months, unless the article is damaged while in the UK and is undergoing repair, and protection only lasts while the article is:[24]

  • On public display in a temporary exhibition at a museum or gallery;
  • Going to or returning from public display in a temporary exhibition at a museum or gallery;
  • Undergoing related repair, conservation or restoration;
  • Going to or returning from related repair, conservation or restoration;
  • Leaving the UK.

Protected articles cannot be seized save under a court order made in the UK and which the court was required to make because of a

prosecution for importing, exporting or otherwise dealing with the article (s. 136(2)).[24] These provisions of the Act bind the Crown (s. 138).[24][28]

Notes

  1. ^ Rescuing goods refers to the actions of a person who interferes with goods seized.[18]

References

  1. short title is authorised by section 149
    of this Act.
  2. ^ S.147
  3. ^ a b c d e Tribunals, Courts and Enforcement Act 2007 (Commencement No.1) Order 2007, SI 2007/2709
  4. ^ a b c d e f g Tribunals, Courts and Enforcement Act 2007 (Commencement No.2) Order 2007, SI 2007/3613
  5. ^ a b c d e Tribunals, Courts and Enforcement Act 2007 (Commencement No.3) Order 2008, SI 2008/749
  6. ^ a b c d e f Tribunals, Courts and Enforcement Act 2007 (Commencement No.4) Order 2008, SI 2008/1158
  7. ^ a b c d e Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008, SI 2008/1653
  8. ^ a b "Countdown to two-tier tribunal system launched". Ministry of Justice. 19 May 2008. Archived from the original on 21 November 2008. Retrieved 13 July 2008.
  9. ^ "Explanatory Notes to Tribunals, Courts and Enforcement Act 2007". Office of Public Service Information. 2007. Retrieved 5 March 2008. paras. 1-34
  10. ^ Leggatt, A. (2001). "Tribunals for Users - One System, One Service". Department for Constitutional Affairs. Retrieved 5 March 2008.
  11. ^ Department of Constitutional Affairs (2004). "Transforming Public Services: Complaints, Redress and Tribunals" (PDF). Retrieved 5 March 2008.
  12. ^ Constitutional Reform Act 2005, s.3
  13. ^ a b c d "Explanatory Notes to Tribunals, Courts and Enforcement Act 2007". Office of Public Service Information. 2007. Retrieved 5 March 2008. paras. 35-280
  14. ^ "Increasing Diversity in the Judiciary". Department for Constitutional Affairs. October 2004. Retrieved 5 March 2008. CP 25/04
  15. ^ a b c d "Explanatory Notes to Tribunals, Courts and Enforcement Act 2007". Office of Public Service Information. 2007. Retrieved 5 March 2008. paras. 281-316
  16. ^ a b "Effective Enforcement: Improved methods of recovery for civil court debt and commercial rent and a single regulatory regime for warrant enforcement agents". Lord Chancellor's Department. March 2003. Retrieved 5 March 2008. Cm 5744
  17. ^ a b c d e "Explanatory Notes to Tribunals, Courts and Enforcement Act 2007". Office of Public Service Information. 2007. Archived from the original on 23 December 2012. Retrieved 5 March 2008. paras. 317-405
  18. ^ "Explanatory Notes to Tribunals, Courts and Enforcement Act 2007". Office of Public Service Information. 2007. Retrieved 8 September 2023. para. 343
  19. ^ a b c d "Explanatory Notes to Tribunals, Courts and Enforcement Act 2007". Office of Public Service Information. 2007. Retrieved 5 March 2008. paras. 406-444
  20. ^ "A Choice of Paths: better options to manage over-indebtedness and multiple debt". Department for Constitutional Affairs. July 2004. Retrieved 5 March 2008. Consultation Number CP23/04
  21. ^ a b c "Explanatory Notes to Tribunals, Courts And Enforcement Act 2007". Office of Public Service Information. 2007. Archived from the original on 23 December 2012. Retrieved 5 March 2008. paras. 445-612
  22. ^ "Relief for the Indebted - An Alternative to Bankruptcy" (PDF). The Insolvency Service. March 2005. Archived from the original (PDF) on 19 April 2009. Retrieved 5 March 2008.
  23. ^ Tribunals, Courts and Enforcement Act 2007 (Commencement) (Scotland) Order 2008, SSI 2008/150
  24. ^ a b c d "Explanatory Notes to Tribunals, Courts and Enforcement Act 2007". Office of Public Service Information. 2007. Retrieved 5 March 2008. paras. 613-634
  25. ^ Hoyle, Ben (20 December 2007). "New row with Russia over 'threat' to art". The Times. Retrieved 5 March 2008.
  26. ^ Stephens, Mark (29 January 2008). "The Russians are right to be nervous: Are the Government and the Royal Academy complicit in preventing the return of stolen goods?". The Times. Retrieved 5 March 2008.
  27. ^ Halpin, Tony; Ben Hoyle (10 January 2008). "Race against time as Russia agrees to let art show go ahead". The Times. Retrieved 5 March 2008.
  28. ^ See Crown Proceedings Act 1947, s. 2(2)

Bibliography

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