Tribunals, Courts and Enforcement Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Tribunals, Courts and Enforcement Bill [HL]

Tribunals, Courts and Enforcement Bill [HL]
Schedule 23 — Repeals
Part 1 — Tribunals and Inquiries
291

Schedule 23
Section 141

Repeals
Part 1
Tribunals and Inquiries

Reference
Extent of repeal or revocation

5

Taxes Management Act 1970
Sections 2 to 3A.

(c. 9)
In section 5(1), the words “General

Commissioner or”.

In section 6—

(a)
in subsection (1), the words “a General

10

Commissioner or” and the words “, or

before a General Commissioner”, and

(b)
subsection (2).

In section 56(3), the words “the clerk to”.

Section 115(4).

15

Superannuation Act 1972 (c. 11)
In Schedule 6, paragraph 77.

Finance Act 1972 (c. 41)
Section 130.

Consumer Credit Act 1974
In Schedule A1, paragraph 11.

(c. 39)

House of Commons
In Schedule 1, in Part 2—

20

Disqualification Act 1975
(a)
the entry relating to the Council on

(c. 24)
Tribunals, and

(b)
the entry relating to the Scottish

Committee of the Council on Tribunals.

Northern Ireland Assembly
In Schedule 1, in Part 2—

25

Disqualification Act 1975
(a)
the entry relating to the Council on

(c. 25)
Tribunals, and

(b)
the entry relating to the Scottish

Committee of the Council on Tribunals.

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 2, the entry relating to

30

the Council on Tribunals.

Estate Agents Act 1979 (c. 38)
Section 24(2).

Finance Act 1988 (c. 39)
Section 134(1).

Food Safety Act 1990 (c. 16)
In section 26(2)—

(a)
in paragraph (e), the words “or to a

35

tribunal constituted in accordance with

the regulations,” and

(b)
paragraph (f).

Section 37(2)(a).

Section 47.

40

Finance (No. 2) Act 1992 (c. 48)
In section 75(1), paragraph (a).

In Schedule 16, paragraph 2.

Tribunals and Inquiries Act
Sections 1 to 5, 6(1) to (3), (6) and (7) and 8.

1992 (c. 53)

Tribunals, Courts and Enforcement Bill [HL]
Schedule 23 — Repeals
Part 1 — Tribunals and Inquiries
292

Reference
Extent of repeal or revocation

Tribunals and Inquiries Act
In section 13—

1992 (c. 53)—cont.
(a)
subsection (2), and

(b)
in subsection (5)(c), the words “the

reference in section 8(1) to the Foreign

5

Compensation Commission and”.

Section 14(1A).

In section 16(1), in the definition of “decision”,

“procedural rules” and “working”, the words

“, “procedural rules” and “working””.

10

In Schedule 1, paragraph 19.

Judicial Pensions and
In section 1(1), the word “and” at the end of

Retirement Act 1993 (c. 8)
paragraph (c).

Section 12(1)(b).

Employment Tribunals Act
Section 26.

15

1996 (c. 17)
In section 27(1)—

(a)
in paragraph (b), the word “and” at the

end,

(b)
paragraph (c), and

(c)
the words after “persons within

20

paragraph (a) or (b)”.

Social Security Act 1998 (c. 14)
In Schedule 7, in paragraph 118(1), “subsection

(3) of” and the words after “1992”.

Social Security Contributions
In Schedule 7, paragraph 1.

(Transfer of Functions, Etc.)

25

Act 1999 (c. 2)

Access to Justice Act 1999 (c. 22)
Sections 101 to 103.

Social Security Contributions
In Schedule 6, in paragraph 1, the words

(Transfer of Functions, etc.)
“section 2(1) (appointment of General

(Northern Ireland) Order
Commissioners),”.

30

1999 (S.I. 1999/671)

Scotland Act 1998 (Cross-
Schedule 9.

Border Public Authorities)

(Adaptation of Functions etc)

Order 1999 (S.I. 1999/1747)

35

Scotland Act 1998 (Transfer of
In Schedule 1, the entry in respect of sections

Functions to the Scottish
2(3), 2(6) and 3(4) of the Taxes Management

Ministers etc.) Order 1999
Act 1970.

(S.I. 1999/1750)

Freedom of Information Act
In Schedule 1, in Part 6, the entry relating to the

40

2000 (c. 36)
Council on Tribunals and the entry relating to

the Scottish Committee of the Council on

Tribunals.

Financial Services and Markets
Article 335(3).

Act 2000 (Consequential

45

Amendments and Repeals)

Order 2001 (S.I. 2001/3649)

Tribunals, Courts and Enforcement Bill [HL]
Schedule 23 — Repeals
Part 2 — Judicial appointments
293

Reference
Extent of repeal or revocation

Justice (Northern Ireland) Act
In each of Schedules 1 and 6, the entry relating

2002 (c. 26)
to the panel of persons appointed under

section 6(1) of the Tribunals and Inquiries Act

1992 to act as chairmen of tribunals that sit in

5

Northern Ireland.

Nationality, Immigration and
In Schedule 4, paragraphs 9 and 10(b) and (c).

Asylum Act 2002 (c. 41)

Scottish Public Services
Article 14.

Ombudsman Act 2002

10

(Consequential Provisions

and Modifications) Order

2004 (S.I. 2004/1823)

Constitutional Reform Act 2005
In Schedule 4, paragraph 64.

(c. 4)
In Schedule 5, in the amendment made by

15

paragraph 122(5), and in the amendment

made by paragraph 126(5), the entry relating

to the panel of persons appointed under

section 6(1) of the Tribunals and Inquiries Act

1992 to act as chairmen of tribunals that sit in

20

Northern Ireland.

In Schedule 7, in Part A of the list in paragraph

4—

(a)
the entry for section 6(2), (8) and (9) of

the Tribunals and Inquiries Act 1992,

25

and

(b)
the entry for paragraph 7(4) of Schedule

5 to that Act.

In Schedule 12, in paragraph 4(4)(a), the words

“or no other except that of General

30

Commissioner,”.

In Schedule 14, in Part 2, the entry relating to

General Commissioner for a division in

England and Wales.

In Schedule 14, in Part 3, the entry relating to

35

members of panels appointed under section

6(1) of the Tribunals and Inquiries Act 1992.

Tribunals, Courts and
In section 36(3)(a), the words “or 41(2)”.

Enforcement Act 2007 (c. 00)
In Schedule 8, paragraph 26.

Part 2
40
Judicial appointments

Reference
Extent of repeal

Courts and Legal Services Act
In Schedule 10—

1990 (c. 41)
(a)
paragraph 4,

(b)
in paragraph 6(1), the words “paragraph

45

13(1) of” and the words after “1947”, and

(c)
paragraphs 24, 26, 32, 49, 50(2)(b) and 57.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 23 — Repeals
Part 3 — Enforcement by taking control of goods
294

Reference
Extent of repeal

Judicial Pensions and
In Schedule 5—

Retirement Act 1993 (c. 8)
(a)
in the entry for a deputy district judge

appointed under section 102 of the

Supreme Court Act 1981, the words “for

5

a district registry”, and

(b)
in the entry for a deputy district judge

appointed under section 8 of the County

Courts Act 1984, the words “for a county

court district”.

10

Child Support Act 1991 (c. 48)
In section 54, the definition of “general

qualification”.

Social Security Act 1998 (c. 14)
In Schedule 4, paragraph 1(3).

Enterprise Act 2002 (c. 40)
In Schedule 2, paragraph 1(4).

Constitutional Reform Act 2005
Section 25(2)(a).

15

(c. 4)
In Schedule 3, paragraph 2(3).

In Schedule 14, in Part 2—

(a)
in the entry relating to a deputy district

judge in a district registry of the High

Court, the words “in a district registry of

20

the High Court”, and

(b)
in the entry relating to a deputy district

judge for a county court district, the

words “for a county court district”.

In Schedule 14, in Part 3, the entries relating

25

to—

(a)
Member of the Special Immigration

Appeals Commission;

(b)
Chairman of the Special Immigration

Appeals Commission;

30

(c)
Member of the Proscribed Organisations

Appeal Commission;

(d)
Chairman of the Proscribed

Organisations Appeal Commission;

(e)
Member of the Pathogens Access Appeal

35

Commission; and

(f)
Chairman of the Pathogens Access

Appeal Commission.

Part 3
Enforcement by taking control of goods
40

Reference
Extent of repeal

Inclosure Act 1773 (c. 81)
In section 4, the words from “rendering” to the

end.

In section 16, the words from “rendering” to the

end.

45

Sale of Farming Stock Act 1816
The whole Act.

(c. 50)

Tribunals, Courts and Enforcement Bill [HL]
Schedule 23 — Repeals
Part 3 — Enforcement by taking control of goods
295

Reference
Extent of repeal

Judgments Act 1838 (c. 110)
Section 12.

Compulsory Purchase Act 1965
Section 13(5).

(c. 56)
Section 29.

Sea Fisheries Act 1968 (c. 77)
In section 12(3), the words from “as they apply”

5

to the end.

Criminal Justice Act 1972 (c. 71)
In section 66(2), the words from ““sentence of

imprisonment”” to the end.

Magistrates’ Courts Act 1980
In section 125(2), the words from “This

(c. 43)
subsection” to the end.

10

Section 125D(3)(c).

Section 151.

In Schedule 4A, paragraph 3.

British Fishing Boats Act 1983
In section 5(3), the words from “as they apply”

(c. 8)
to the end.

15

County Courts Act 1984 (c. 28)
Section 85(3).

Section 87(2).

Sections 89 to 91.

Sections 93 to 100.

Sections 102 and 103.

20

Section 123.

In section 126—

(a)
in subsection (3) the words from “but” to

the end;

(b)
in subsection (4) ““bailiff””.

25

In section 147(1) the definition of “bailiff”.

Finance Act 1984 (c. 43)
Section 16.

Local Government Finance Act
In Schedule 9, paragraph 3(2)(b).

1988 (c. 41)

Child Support Act 1991 (c. 48)
Section 35(2) to (8).

30

Social Security Administration
Section 121A(2) to (8) and (10).

Act 1992 (c. 5)

Local Government Finance Act
In Schedule 4—

1992 (c. 14)
(a)
paragraph 7;

(b)
in paragraph 8(1)(a) the words from “an

35

authority” to “paragraph 7 above”;

(c)
paragraph 12(1)(c);

(d)
paragraph 19(3).

Finance Act 1997 (c. 16)
Section 51(7).

Courts Act 2003 (c. 39)
In Schedule 7, paragraph 8(5).

40

Traffic Management Act 2004
Section 82(3)(a).

(c. 18)
Section 83.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 23 — Repeals
Part 4 — Rent arrears recovery
296

Part 4
Rent arrears recovery

Reference
Extent of repeal

Distress for Rent Act 1689 (c. 5)
The whole Act.

Landlord and Tenant Act 1709
Section 1.

5

(c. 18)
Sections 6 to 8.

Landlord and Tenant Act 1730
Section 5.

(c. 28)

Distress for Rent Act 1737 (c. 19)
Sections 1 to 10.

Sections 16 and 17.

10

Section 19.

Deserted Tenements Act 1817
The whole Act.

(c. 52)

Metropolitan Police Courts Act
The whole Act.

1840 (c. 84)

15

Execution Act 1844 (c. 96)
The whole Act.

Lands Clauses Consolidation
In section 11 the words from “or it shall be

Act 1845 (c. 18)
lawful” to the end.

Sequestration Act 1849 (c. 67)
In section 1 the words “levy” and “distress” in

the second place where each occurs, and

20

“levied”.

Landlord and Tenant Act 1851
The whole Act.

(c. 25)

Railway Rolling Stock
The whole Act.

Protection Act 1872 (c. 50)

25

Law of Distress Amendment
The whole Act.

Act 1888 (c. 21)

Law of Distress Amendment
The whole Act.

Act 1908 (c. 53)

Law of Property Act 1925 (c. 20)
Section 121(2).

30

Section 162(1)(a).

Section 189(1).

In section 190—

(a)
subsection (2);

(b)
in subsection (7), “owner or”.

35

Administration of Estates Act
Section 26(3).

1925 (c. 23)

Rent (Agriculture) Act 1976
Section 8.

(c. 80)

Rent Act 1977 (c. 42)
Section 147.

40

Limitation Act 1980 (c. 58)
In section 38, “rentcharges and” and “rent or”.

County Courts Act 1984 (c. 28)
Section 116.

Agricultural Holdings Act 1986
Sections 16 to 19.

(c. 5)
In section 24, “, by distress or otherwise,”.

Tribunals, Courts and Enforcement Bill [HL]
Schedule 23 — Repeals
Part 6 — Appeal Tribunal under section 28 of the Registered Designs Act 1949: abolition
297

Reference
Extent of repeal

Insolvency Act 1986 (c. 45)
Section 347(6), (7) and (11).

Housing Act 1988 (c. 50)
Section 19.

Water Industry Act 1991 (c. 56)
In section 179(4)(b), “or to the landlord’s

remedy for rent”.

5

Constitutional Reform Act 2005
In Schedule 7, in the table in paragraph 4, the

(c. 4)
entry for the Law of Distress Amendment Act

1888.

Part 5
Administration orders
10

Reference
Extent of repeal

Company Directors
Section 12(1).

Disqualification Act 1986

(c. 46)

Courts and Legal Services Act
Section 13.

15

1990 (c. 41)

Part 6
Appeal Tribunal under section 28 of the Registered Designs Act 1949: abolition

Reference
Extent of repeal

Registered Designs Act 1949
Section 28.

20

(c. 88)
In section 37(3), the words “or on the Appeal

Tribunal” and the words from “and the

Statutory Instruments Act 1946 shall apply”

to the end.

In section 44(1), the definition of “Appeal

25

Tribunal”.

Administration of Justice Act
Section 24.

1969 (c. 58)
In Schedule 1, the entry in respect of the

Registered Designs Act 1949.

Administration of Justice Act
Section 10.

30

1970 (c. 31)

Patents Act 1977 (c. 37)
In Schedule 5, paragraph 5.

Copyright, Designs and Patents
Section 249(2).

Act 1988 (c. 48)
In Schedule 3, paragraph 17.

Constitutional Reform Act 2005
In Schedule 4, paragraphs 37 and 66.

35