Tribunals, Courts and Enforcement Bill [HL]

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Session 2006 - 07
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Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Part 7 — Miscellaneous
102

(10)
“United Kingdom” includes the territorial sea adjacent to the United Kingdom
(within the meaning given by section 1 of the Territorial Sea Act 1987 (c. 49)).
133
Crown application
This Part binds the Crown.
Part 7
5
Miscellaneous
Compulsory purchase
134
Enforcement by enforcement officers
(1)
In section 3 of the Lands Clauses Consolidation Act 1845 (c. 18) (interpretations
in this and the special Act), at the end insert—
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“Where any matter in relation to any lands is required to be done
by an enforcement officer, the expression “the enforcement
officer” means the officer or officers identified for that purpose
in paragraph 3A of Schedule 7 to the Courts Act 2003.”
(2)
In section 91 of that Act (proceedings in case of refusal to deliver possession of
15
lands)—
(a)
after “the sheriff” in the first place insert “or the enforcement officer”;
(b)
for “the sheriff” in the second place substitute “the person to whom it is
issued”;
(c)
for “the sheriff” in the third place substitute “the person executing the
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warrant”;
(d)
after the existing words, which (as amended) become subsection (1),
insert—
“(2)
If, by virtue of paragraph 3A of Schedule 7 to the Courts Act
2003, the warrant is issued to two or more persons collectively,
25
the duty in subsection (1) to deliver possession of lands shall
apply to the person to whom the warrant is allocated in
accordance with the approved arrangements mentioned in that
Schedule.”
(3)
Subsections (1) and (2) extend only to England and Wales.
30
(4)
Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give
possession to acquiring authority) is amended as follows.
(5)
In subsection (1), for the words from “the sheriff” to the end substitute “—
(a)
the sheriff, or
(b)
the enforcement officer,
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to deliver possession of it to the person appointed in the warrant to
receive it.”
(6)
In subsection (2), for “the sheriff” substitute “the person to whom it is issued”.
(7)
After subsection (2) insert—
“(2A)
If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the
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warrant is issued to two or more persons collectively, the duty in

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Part 7 — Miscellaneous
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subsection (2) of this section shall apply to the person to whom the
warrant is allocated in accordance with the approved arrangements
mentioned in that Schedule.”
(8)
In subsection (3), for “the sheriff” substitute “the person executing the
warrant”.
5
(9)
In subsection (6), after “In this section” insert “—
“the enforcement officer”, in relation to a warrant to deliver
possession of land under this section, means the officer or
officers identified for that purpose in paragraph 3A of Schedule
7 to the Courts Act 2003, and”.
10
(10)
Schedule 22 makes consequential amendments.
135
Supplementary
(1)
Schedule 7 to the Courts Act 2003 (c. 39) (High Court writs of execution) is
amended as follows.
(2)
After paragraph 3 insert—
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“Issue of certain warrants to enforcement officers
3A    (1)
Sub-paragraph (2) applies for the purpose of identifying the
enforcement officer to whom a warrant may be issued under—
(a)
section 91(1) of the Lands Clauses Consolidation Act 1845
(proceedings in case of refusal to deliver possession of lands),
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or
(b)
section 13(1) of the Compulsory Purchase Act 1965 (refusal to
give possession to acquiring authority).
      (2)
The enforcement officer, in relation to such a warrant, is—
(a)
the enforcement officer assigned to a relevant district or, if
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two or more enforcement officers are assigned to that district,
those officers collectively, or
(b)
a named enforcement officer who, whether or not assigned to
a relevant district, has undertaken to execute the warrant.
      (3)
In sub-paragraph (2), “a relevant district”, in relation to a warrant,
30
means—
(a)
the district where the land in respect of which the warrant
was issued is situated, or
(b)
if that land (being land in one ownership) is not situated
wholly in one district, a district where any part of that land is
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situated.”
(3)
Paragraph 4 is amended as set out in subsections (4) to (7).
(4)
In sub-paragraph (1), at the end insert “and warrants issued to one or more
enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or
(b)”.
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Tribunals, Courts and Enforcement Bill [HL]
Part 7 — Miscellaneous
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(5)
After sub-paragraph (2) insert—
   “(2A)
The relevant officer has, in relation to the warrant, the duties,
powers, rights, privileges and liabilities that a sheriff of a county
would have had at common law if—
(a)
the warrant had been issued to him, and
5
(b)
the district in which it is to be executed had been within his
county.”
(6)
For sub-paragraph (3) substitute—
    “(3)
“The relevant officer” means—
(a)
in relation to a writ—
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(i)
if the writ is directed to a single enforcement officer
under paragraph 3(1)(a) or (c), that officer;
(ii)
if the writ is directed to two or more enforcement
officers collectively under paragraph 3(1)(b), the
officer to whom, in accordance with approved
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arrangements, the execution of the writ is allocated,
(b)
in relation to a warrant—
(i)
if the warrant is issued to a single enforcement officer
in accordance with paragraph 3A(2)(a) or (b), that
officer;
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(ii)
if the warrant is issued to two or more enforcement
officers collectively in accordance with paragraph
3A(2)(a), the officer to whom, in accordance with
approved arrangements, the execution of the warrant
is allocated.”
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(7)
For sub-paragraph (4) substitute—
    “(4)
Sub-paragraphs (2) and (2A) apply to a person acting under the
authority of the relevant officer as they apply to the relevant officer.”
(8)
In paragraph 5, after “writ” insert “or warrant”.
(9)
In paragraph 12(2)(d)(ii), after “officers” insert “, or warrants issued to
30
enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or
(b),”.
(10)
Accordingly—
(a)
in section 99 of that Act (High Court writs of execution), in subsection
(1) at the end insert “and about warrants issued in connection with the
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compulsory acquisition of land”;
(b)
in Schedule 7 to that Act—
(i)
for the heading “High Court Writs of Execution” substitute
“Enforcement of Certain Writs and Warrants”;
(ii)
in the heading immediately preceding paragraph 1, for “of
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execution” substitute “and warrants”.
Judicial review
136
Judicial review: power to substitute decision
In section 31 of the Supreme Court Act 1981 (c. 54) (application for judicial

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review), for subsection (5) substitute—
“(5)
If, on an application for judicial review, the High Court quashes the
decision to which the application relates, it may in addition—
(a)
remit the matter to the court, tribunal or authority which made
the decision, with a direction to reconsider the matter and reach
5
a decision in accordance with the findings of the High Court, or
(b)
substitute its own decision for the decision in question.
(5A)
But the power conferred by subsection (5)(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
10
error of law, and
(c)
without the error, there would have been only one decision
which the court or tribunal could have reached.
(5B)
Unless the High Court otherwise directs, a decision substituted by it
under subsection (5)(b) has effect as if it were a decision of the relevant
15
court or tribunal.”
Employment tribunals: ACAS
137
Recovery of sums payable under compromises involving ACAS
In the Employment Tribunals Act 1996 (c. 17), after section 19 insert—
“19A
Conciliation: recovery of sums payable under compromises
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(1)
Subsections (3) to (6) apply if—
(a)
a conciliation officer—
(i)
has taken action under section 18 in a case, and
(ii)
issues a certificate in writing stating that a compromise
has been reached in the case, and
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(b)
all of the terms of the compromise are set out—
(i)
in a single relevant document, or
(ii)
in a combination of two or more relevant documents.
(2)
A document is a “relevant document” for the purposes of subsection (1)
if—
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(a)
it is the certificate, or
(b)
it is a document that is referred to in the certificate or that is
referred to in a document that is within this paragraph.
(3)
Any sum payable by a person under the terms of the compromise (a
“compromise sum”) shall, subject to subsections (4) to (7), be
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recoverable—
(a)
in England and Wales, by execution issued from a county court
or otherwise as if the sum were payable under an order of that
court;
(b)
in Scotland, by diligence as if the certificate were an extract
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registered decree arbitral bearing a warrant for execution issued
by the sheriff court of any sheriffdom in Scotland.
(4)
A compromise sum is not recoverable under subsection (3) if—

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(a)
the person by whom it is payable applies for a declaration that
the sum would not be recoverable from him under the general
law of contract, and
(b)
that declaration is made.
(5)
If rules of court so provide, a compromise sum is not recoverable under
5
subsection (3) during the period—
(a)
beginning with the issue of the certificate, and
(b)
ending at such time as may be specified in, or determined
under, rules of court.
(6)
If the terms of the compromise provide for the person to whom a
10
compromise sum is payable to do anything in addition to discontinuing
or not starting proceedings, that sum is recoverable by him under
subsection (3)—
(a)
in England and Wales, only if a county court so orders;
(b)
in Scotland, only if the sheriff so orders.
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(7)
Once an application has been made for a declaration under subsection
(4) in relation to a sum, no further reliance may be placed on subsection
(3) for the recovery of the sum while the application is pending.
(8)
An application for a declaration under subsection (4) may be made to
an employment tribunal, a county court or the sheriff.
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(9)
Employment tribunal procedure regulations may (in particular) make
provision as to the time within which an application to an employment
tribunal for a declaration under subsection (4) is to be made.
(10)
Rules of court may make provision as to—
(a)
the time within which an application to a county court for a
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declaration under subsection (4) is to be made;
(b)
the time within which an application to the sheriff for a
declaration under subsection (4) is to be made;
(c)
when an application (whether made to a county court, the
sheriff or an employment tribunal) for a declaration under
30
subsection (4) is pending for the purposes of subsection (7).
(11)
Nothing in this section shall be taken to prejudice any rights or
remedies that a person has apart from this section.
(12)
In this section “compromise” (except in the phrase “compromise sum”)
means a settlement, or compromise, to avoid proceedings or bring
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proceedings to an end.”
Design rights: appeals
138
Appeals in relation to design rights
(1)
Section 28 of the Registered Designs Act 1949 (c. 88) (which provides that
appeals under that Act from decisions of the Comptroller-General of Patents
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Designs and Trade Marks lie to the Appeal Tribunal established by that
section) ceases to have effect.

Tribunals, Courts and Enforcement Bill [HL]
Part 8 — General
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(2)
After section 27 of that Act insert—
“27A
Appeals from decisions of registrar
(1)
In this section “appeal” means an appeal from the registrar under this
Act.
(2)
An appeal lies to the court, subject to subsection (4).
5
(3)
On an appeal, the court may exercise any power which could have been
exercised by the registrar in the proceeding from which the appeal is
brought.
(4)
An appeal brought in England and Wales must, if there is a patents
county court that has jurisdiction to entertain the appeal by virtue of an
10
order under section 287 of the Copyright, Designs and Patents Act 1988,
be brought in such a patents county court.
(5)
Subsection (4) is not to be taken to prejudice the application of section
42 of the County Courts Act 1984 (transfer of proceedings to High
Court by order of county court) in relation to proceedings on an appeal
15
brought in a patents county court.
(6)
Rules of court may make provision as to the exercise of the power
under section 42(2) of that Act in relation to proceedings on an appeal
brought in a patents county court.”
(3)
In section 249 of the Copyright, Designs and Patents Act 1988 (c. 48) (appeals
20
as to terms of licence of right)—
(a)
in subsection (1), for “the Appeal Tribunal constituted under section 28
of the Registered Designs Act 1949” substitute “the court”, and
(b)
after that subsection insert—
“(1A)
In subsection (1) “the court” means—
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(a)
in England and Wales or Northern Ireland, the High
Court;
(b)
in Scotland, the Court of Session.”
Part 8
General
30
139
Protected functions of the Lord Chancellor
(1)
In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the
Lord Chancellor) Part A of the list in paragraph 4 is amended as follows.
(2)
In the entry for the London Building Acts (Amendment) Act 1939 (c. xcvii) after
“109(2)” insert “and (4)”.
35
(3)
Insert in the appropriate place—
“Attachment of Earnings Act 1971 (c. 32)
Section 6A
Section 15B
Schedule 3A”.
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Part 8 — General
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(4)
Insert in the appropriate place—
“Charging Orders Act 1979 (c. 53)
Section 3A”.
(5)
In the entries for the Supreme Court Act 1981 (c. 54) for “Section 91(6)”
substitute “Section 91(1ZA), (1A) and (6)”.
5
(6)
In the entries for the County Courts Act 1984 (c. 28) insert in the appropriate
place—
“Section 85(2)
Part 6
Part 6A”.
10
(7)
In the entries for the Employment Tribunals Act 1996 (c. 17) insert in the
appropriate place—
“Section 5A
Section 7A
Section 29A”.
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(8)
In the entry for the Social Security Act 1998 (c. 14) insert in the appropriate
place—
“Section 7(6A)”.
(9)
In the entries for the Nationality, Immigration and Asylum Act 2002 (c. 41)—
(a)
insert in the appropriate place—
20
“Section 107”.
(b)
in the entry for Schedule 4, for “and 7” substitute “, 7 and 14”.
(10)
Insert in the appropriate place—
“Tribunals, Courts and Enforcement Act 2007
Part 1
25
Section 51
Part 3
Sections 90 to 97”.
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Power to make supplementary or other provision
(1)
The Lord Chancellor (or, in relation to Chapter 3 of Part 5 only, the Secretary
30
of State) may by order make any supplementary, incidental, consequential,
transitory, transitional or saving provision which he considers necessary or
expedient for the purposes of, in consequence of, or for giving full effect to any
provision of this Act.
(2)
An order under this section may in particular—
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(a)
provide for any provision of this Act which comes into force before
another to have effect, until that other provision has come into force,
with modifications specified in the order;
(b)
amend, repeal or revoke any enactment other than one contained in an
Act or instrument passed or made after the Session in which this Act is
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passed.