Tribunals, Courts and Enforcement Bill [HL]

House of Commons

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

Tribunals, Courts and Enforcement Bill [HL]
Schedule 11 — District judges and deputy district judges
202

      (4)
For subsection (4) (powers of deputy district judges) substitute—
“(4A)
The Lord Chief Justice, after consulting the Lord Chancellor—
(a)
may assign a deputy district judge appointed under this
section to one or more district registries;
(b)
may change an assignment so as to assign the deputy district
5
judge to a different district registry or registries (or to no
district registry).
(4B)
A deputy district judge appointed under this section and assigned to
a district registry has, while acting under his assignment, the same
jurisdiction as a district judge assigned to that registry.
10
(4C)
Every deputy district judge appointed under this section is, by virtue
of his office, capable of acting as a district judge in any district
registry to which he is not assigned, but may act in a district registry
to which he is not assigned only in accordance with arrangements
made by or on behalf of the Lord Chief Justice.”
15
      (5)
After subsection (5) insert—
“(5A)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (1B) or (4A).”
4     (1)
This paragraph applies to a person holding office as a deputy district judge
20
under section 102 of the Supreme Court Act 1981 (c. 54) by virtue of an
appointment made before the commencement of paragraph 3 (“the
commencement date”).
      (2)
If the person was appointed by virtue of subsection (3) of that section, the
person is to be treated after the commencement date as appointed under
25
subsection (1B) of that section.
      (3)
In any other case, the person is to be treated after the commencement date—
(a)
as appointed under section 102(1B) of that Act, if he had held the
office of district judge before his appointment;
(b)
as appointed under section 102(1) of that Act, if paragraph (a) does
30
not apply.
      (4)
The person is to be treated after the commencement date as assigned under
section 102(4A) of that Act to the district registry for which he was
appointed.
County Courts Act 1984 (c. 28)
35
5
The County Courts Act 1984 is amended as set out in paragraphs 6 to 9.
6
In section 6 (district judges), after subsection (6) insert—
“(7)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (2).”
40
7     (1)
Section 8 (deputy district judges) is amended as follows.
      (2)
For subsection (1) (appointment and powers of deputy district judges)

Tribunals, Courts and Enforcement Bill [HL]
Schedule 11 — District judges and deputy district judges
203

substitute—
“(1)
If it appears to the Lord Chancellor that it is expedient to do so in
order to facilitate the disposal of business in the county courts, he
may appoint a person to be a deputy district judge.
(1ZA)
A person is qualified for appointment under subsection (1) only if the
5
person—
(a)
is qualified for appointment as a district judge, and
(b)
does not hold, and has never held, the office of district judge.
(1ZB)
If it appears to the Lord Chief Justice, after consulting the Lord
Chancellor, that it is expedient to do so in order to facilitate the
10
disposal of business in the county courts, he may appoint a person to
be a deputy district judge.
(1ZC)
A person is qualified for appointment under subsection (1ZB) only if
the person has held, but no longer holds, the office of district judge.”
      (3)
After subsection (1A) insert—
15
“(1B)
The Lord Chief Justice, after consulting the Lord Chancellor—
(a)
may assign a deputy district judge appointed under this
section to one or more districts;
(b)
may change an assignment so as to assign the deputy district
judge to a different district or districts (or to no district).
20
(1C)
A deputy district judge appointed under this section and assigned to
a district has, while acting under his assignment, the same powers as
if he were a district judge assigned to the district.
(1D)
Every deputy district judge appointed under this section is, by virtue
of his office, capable of acting as a district judge in any district to
25
which he is not assigned, but may act in a district to which he is not
assigned only in accordance with arrangements made by or on
behalf of the Lord Chief Justice.”
      (4)
After subsection (3) insert—
“(4)
The Lord Chief Justice may nominate a judicial office holder (as
30
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise his functions under subsection (1ZB) or (1B).”
8
In section 9 (qualifications for appointment as a district judge, or as a deputy
district judge for a county court district)—
(a)
omit “, or deputy district judge”, and
35
(b)
in the heading, after “Qualifications” insert “for appointment as
district judge”.
9
In section 147(1) (interpretation of Act), in the definition of “officer” (which
provides that “officer”, in relation to a county court, includes a district judge
or deputy district judge of that court), for the words after “means” and
40
before “and any clerk” substitute “any district judge or deputy district judge
assigned to that court”.
10    (1)
This paragraph applies to a person holding office as a deputy district judge
under section 8 of the County Courts Act 1984 (c. 28) by virtue of an

Tribunals, Courts and Enforcement Bill [HL]
Schedule 11 — District judges and deputy district judges
204

appointment made before the commencement of paragraph 7 (“the
commencement date”).
      (2)
If the person had held the office of district judge before his appointment, the
person is to be treated after the commencement date as appointed under
section 8(1ZB) of that Act.
5
      (3)
If sub-paragraph (2) does not apply, the person is to be treated after the
commencement date as appointed under section 8(1) of that Act.
      (4)
The person is to be treated after the commencement date as assigned under
section 8(1B) of that Act to the county court district for which he was
appointed.
10
Judicial Pensions and Retirement Act 1993 (c. 8)
11
The Judicial Pensions and Retirement Act 1993 is amended as follows.
12
In section 26(7) (certain offices for which retirement date is age 75), for
paragraph (g) (certain deputy district judges) substitute—
“(g)
hold office as a deputy district judge under section 102(1B) of
15
that Act (former district judge appointed as deputy in the
High Court) or as a deputy district judge under section
8(1ZB) of the County Courts Act 1984 (former district judge
appointed as deputy in the county courts);”.
13    (1)
Schedule 5 (“the relevant offices” for the purposes of the retirement
20
provisions) is amended as follows.
      (2)
In the entry for a deputy district judge appointed under section 102 of the
Supreme Court Act 1981—
(a)
for “102” substitute “102(1)”, and
(b)
omit the words “for a district registry”.
25
      (3)
In the entry for a deputy district judge appointed under section 8 of the
County Courts Act 1984—
(a)
for “8” substitute “8(1)”, and
(b)
omit the words “for a county court district”.
Courts Act 2003 (c. 39)
30
14
In section 64(2) of the Courts Act 2003 (power to alter listed judicial titles), in
the entry for a deputy district judge for a county court district, for “for a
county court district” substitute “appointed under section 8 of the County
Courts Act 1984”.
Constitutional Reform Act 2005 (c. 4)
35
15
In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (certain offices
to which appointments are made by the Lord Chancellor)—
(a)
in the entry for a deputy district judge in a district registry of the
High Court, omit “in a district registry of the High Court”, and
(b)
in the entry for a deputy district judge for a county court district,
40
omit “for a county court district”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 12 — Taking control of goods
Part 1 — Introductory
205

Schedule 12
Section 57(1)

Taking control of goods
Part 1
Introductory
The procedure
5
1     (1)
Using the procedure in this Schedule to recover a sum means taking control
of goods and selling them to recover that sum in accordance with this
Schedule and regulations under it.
      (2)
In this Schedule a power to use the procedure to recover a particular sum is
called an “enforcement power”.
10
      (3)
The following apply in relation to an enforcement power.
      (4)
“Debt” means the sum recoverable.
      (5)
“Debtor” means the person liable to pay the debt or, if two or more persons
are jointly or jointly and severally liable, any one or more of them.
      (6)
“Creditor” means the person for whom the debt is recoverable.
15
Enforcement agents
2     (1)
In this Schedule “enforcement agent” means an individual authorised by
section 58(2) to act as an enforcement agent.
      (2)
Only an enforcement agent may take control of goods and sell them under
an enforcement power.
20
      (3)
An enforcement agent, if he is not the person on whom an enforcement
power is conferred, may act under the power only if authorised by that
person.
      (4)
In relation to goods taken control of by an enforcement agent under an
enforcement power, references to the enforcement agent are references to
25
any person for the time being acting as an enforcement agent under the
power.
General interpretation
3     (1)
In this Schedule—
“amount outstanding” is defined in paragraph 50(3);
30
“control” (except in paragraph 5(4)(a)) means control under an
enforcement power;
“controlled goods” means goods taken control of that—
(a)
have not been sold or abandoned,
(b)
if they have been removed, have not been returned to the
35
debtor (unless subject to a controlled goods agreement), and
(c)
if they are goods of another person, have not been returned
to that person;
“controlled goods agreement” has the meaning given by paragraph
13(4);
40

Tribunals, Courts and Enforcement Bill [HL]
Schedule 12 — Taking control of goods
Part 2 — The procedure
206

“co-owner” in relation to goods of the debtor means a person other than
the debtor who has an interest in the goods, but only if the
enforcement agent—
(a)
knows that the person has an interest in the particular goods,
or
5
(b)
would know, if he made reasonable enquiries;
“the court”, unless otherwise stated, and subject to rules of court,
means—
(a)
the High Court, in relation to an enforcement power under a
writ of the High Court;
10
(b)
a county court, in relation to an enforcement power under a
warrant issued by a county court;
(c)
in any other case, a magistrates’ court.
“disposal” and related expressions, in relation to securities, are to be
read in accordance with paragraph 48(2);
15
“exempt goods” means goods that regulations exempt by description
or circumstances or both;
“goods” means property of any description, other than land;
“interest” means a beneficial interest;
“money” means money in sterling or another currency;
20
“premises” means any place, and in particular includes—
(a)
a vehicle, vessel, aircraft or hovercraft;
(b)
a tent or movable structure;
“securities” includes bills of exchange, promissory notes, bonds,
specialties and securities for money.
25
      (2)
In this Schedule—
(a)
references to goods of the debtor or another person are references to
goods in which the debtor or that person has an interest, but
(b)
references to goods of the debtor do not include references to trust
property in which either the debtor or a co-owner has an interest not
30
vested in possession.
Part 2
The procedure
Binding property in the debtor’s goods
4     (1)
For the purposes of any enforcement power, the property in all goods of the
35
debtor, except goods that are exempt goods for the purposes of this Schedule
or are protected under any other enactment, becomes bound in accordance
with this paragraph.
      (2)
Where the power is conferred by a writ issued from the High Court the writ
binds the property in the goods from the time when it is received by the
40
person who is under a duty to endorse it.
      (3)
Where the power is conferred by a warrant to which section 99 of the County
Courts Act 1984 (c. 28) or section 125ZA of the Magistrates’ Courts Act 1980
applies, the warrant binds the property in the goods from the time when it
is received by the person who is under a duty to endorse it under that
45
section.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 12 — Taking control of goods
Part 2 — The procedure
207

      (4)
Where sub-paragraphs (2) and (3) do not apply but notice is given to the
debtor under paragraph 7(1), the notice binds the property in the goods from
the time when the notice is given.
Effect of property in goods being bound
5     (1)
An assignment or transfer of any interest of the debtor’s in goods while the
5
property in them is bound for the purposes of an enforcement power—
(a)
is subject to that power, and
(b)
does not affect the operation of this Schedule in relation to the goods,
except as provided by paragraph 61 (application to assignee or
transferee).
10
      (2)
Sub-paragraph (1) does not prejudice the title to any of the debtor’s goods
that a person acquires—
(a)
in good faith,
(b)
for valuable consideration, and
(c)
without notice.
15
      (3)
For the purposes of sub-paragraph (2)(a), a thing is to be treated as done in
good faith if it is in fact done honestly (whether it is done negligently or not).
      (4)
In sub-paragraph (2)(c) “notice” means—
(a)
where the property in the goods is bound by a writ or warrant, notice
that the writ or warrant, or any other writ or warrant by virtue of
20
which the goods of the debtor might be seized or otherwise taken
control of, had been received by the person who was under a duty to
endorse it and that goods remained bound under it;
(b)
where the property in the goods is bound by notice under paragraph
7(1), notice that that notice had been given and that goods remained
25
bound under it.
      (5)
In sub-paragraph (4)(a) “endorse” in relation to a warrant to which section
99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates’
Courts Act 1980 applies, means endorse under that section.
Time when property ceases to be bound
30
6     (1)
For the purposes of any enforcement power the property in goods of the
debtor ceases to be bound in accordance with this paragraph.
      (2)
The property in any goods ceases to be bound—
(a)
when the goods are sold;
(b)
in the case of money used to pay any of the amount outstanding,
35
when it is used.
      (3)
The property in all goods ceases to be bound when any of these happens—
(a)
the amount outstanding is paid, out of the proceeds of sale or
otherwise;
(b)
the instrument under which the power is exercisable ceases to have
40
effect;
(c)
the power ceases to be exercisable for any other reason.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 12 — Taking control of goods
Part 2 — The procedure
208

Notice of enforcement
7     (1)
An enforcement agent may not take control of goods unless the debtor has
been given notice.
      (2)
Regulations must state—
(a)
the minimum period of notice,
5
(b)
the form of the notice,
(c)
what it must contain,
(d)
how it must be given,
(e)
who must give it.
      (3)
The enforcement agent must keep a record of the time when the notice is
10
given.
      (4)
If regulations authorise it, the court may order in prescribed circumstances
that the notice given may be less than the minimum period.
      (5)
The order may be subject to conditions.
Time limit for taking control
15
8     (1)
An enforcement agent may not take control of goods after the prescribed
period.
      (2)
The period may be prescribed by reference to the date of notice of
enforcement or of any writ or warrant conferring the enforcement power or
any other date.
20
      (3)
Regulations may provide for the period to be extended or further extended
by the court in accordance with the regulations.
Goods which may be taken
9
An enforcement agent may take control of goods only if they are—
(a)
on premises that he has power to enter under this Schedule, or
25
(b)
on a highway.
10
An enforcement agent may take control of goods only if they are goods of
the debtor.
11    (1)
Subject to paragraphs 9 and 10 and to any other enactment under which
goods are protected, an enforcement agent—
30
(a)
may take control of goods anywhere in England and Wales;
(b)
may take control of any goods that are not exempt.
      (2)
Regulations may authorise him to take control of exempt goods in
prescribed circumstances, if he provides the debtor with replacements in
accordance with the regulations.
35
Value of goods taken
12    (1)
Unless sub-paragraph (2) applies, an enforcement agent may not take
control of goods whose aggregate value is more than—
(a)
the amount outstanding, and