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]
Part 1 — Tribunals and Inquiries
Chapter 6 — Supplementary
37

(iv)
any member of the Asylum and Immigration Tribunal.
48
Consequential and other amendments, and transitional provisions
(1)
Schedule 8, which makes—
amendments consequential on provisions of this Part, and
other amendments in connection with tribunals and inquiries,
5

has effect.
(2)
Schedule 9, which contains transitional provisions, has effect.
49
Orders and regulations under Part 1: supplemental and procedural provisions
(1)
Power—
(a)
of the Lord Chancellor to make an order, or regulations, under this Part,
10
(b)
of the Senior President of Tribunals to make an order under section
7(9), or
(c)
of the Scottish Ministers, or the Welsh Ministers, to make an order
under paragraph 25(2) of Schedule 7,

is exercisable by statutory instrument.
15
(2)
The Statutory Instruments Act 1946 (c. 36) shall apply in relation to the power
to make orders conferred on the Senior President of Tribunals by section 7(9)
as if the Senior President of Tribunals were a Minister of the Crown.
(3)
Any power mentioned in subsection (1) includes power to make different
provision for different purposes.
20
(4)
Without prejudice to the generality of subsection (3), power to make an order
under section 30 or 31 includes power to make different provision in relation
to England, Scotland, Wales and Northern Ireland respectively.
(5)
No order mentioned in subsection (6) is to be made unless a draft of the
statutory instrument containing it (whether alone or with other provision) has
25
been laid before, and approved by a resolution of, each House of Parliament.
(6)
Those orders are—
(a)
an order under section 11(8), 13(6) or (14), 30, 31(1), 32, 33, 34, 35, 36, 37
or 42(3);
(b)
an order under paragraph 15 of Schedule 4;
30
(c)
an order under section 42(1)(a) to (d) that provides for fees to be
payable in respect of things for which fees have never been payable;
(d)
an order under section 31(2), (7) or (9), or paragraph 30(1) of Schedule
5, that contains provision taking the form of an amendment or repeal of
an enactment comprised in an Act.
35
(7)
A statutory instrument that—
(a)
contains—
(i)
an order mentioned in subsection (8), or
(ii)
regulations under Part 3 of Schedule 9, and
(b)
is not subject to any requirement that a draft of the instrument be laid
40
before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

Tribunals, Courts and Enforcement Bill [HL]
Part 2 — Judicial appointments
38

(8)
Those orders are—
(a)
an order made by the Lord Chancellor under this Part;
(b)
an order made by the Senior President of Tribunals under section 7(9).
(9)
A statutory instrument that contains an order made by the Scottish Ministers
under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a
5
resolution of the Scottish Parliament.
(10)
A statutory instrument that contains an order made by the Welsh Ministers
under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.
Part 2
10
Judicial appointments
50
Judicial appointments: “judicial-appointment eligibility condition”
(1)
Subsection (2) applies for the purposes of any statutory provision that—
(a)
relates to an office or other position, and
(b)
refers to a person who satisfies the judicial-appointment eligibility
15
condition on an N-year basis (where N is the number stated in the
provision).
(2)
A person satisfies that condition on an N-year basis if—
(a)
the person has a relevant qualification, and
(b)
the total length of the person’s qualifying periods is at least N years.
20
(3)
In subsection (2) “qualifying period”, in relation to a person, means a period
during which the person—
(a)
has a relevant qualification, and
(b)
gains experience in law (see section 52).
(4)
For the purposes of subsections (2) and (3), a person has a relevant qualification
25
if the person—
(a)
is a solicitor or a barrister (but see section 51), or
(b)
holds a qualification that under section 51(1) is a relevant qualification
in relation to the office, or other position, concerned.
(5)
In this section—
30
“barrister” means barrister in England and Wales;
“solicitor” means solicitor of the Senior Courts of England and Wales;
“statutory provision” means—
(a)
a provision of an Act, or
(b)
a provision of subordinate legislation (within the meaning
35
given by section 21(1) of the Interpretation Act 1978 (c. 30)).
(6)
Schedule 10, which makes amendments—
for the purpose of substituting references to satisfying the judicial-
appointment eligibility condition in place of references to having a
qualification mentioned in section 71 of the Courts and Legal Services
40
Act 1990 (c. 41),

Tribunals, Courts and Enforcement Bill [HL]
Part 2 — Judicial appointments
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for the purpose of reducing qualifying periods for eligibility for
appointment to certain judicial offices from ten and seven years to
seven and five years respectively, and
for connected purposes,

has effect.
5
(7)
At any time before the coming into force of section 59(1) of the Constitutional
Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior
Courts in subsection (5) is to be read as a reference to the Supreme Court.
51
“Relevant qualification” in section 50: further provision
(1)
The Lord Chancellor may by order provide for a qualification specified in the
10
order to be a relevant qualification for the purposes of section 50(2) and (3) in
relation to an office or other position specified in the order.
(2)
A qualification may be specified under subsection (1) only if it is one
awarded—
(a)
by the Institute of Legal Executives, or
15
(b)
by a body other than the Institute of Legal Executives that, when the
qualification is specified, is designated by Order in Council as an
authorised body for the purposes of section 27 or 28 of the Courts and
Legal Services Act 1990 (c. 41) (bodies authorised to confer rights of
audience or rights to conduct litigation).
20
(3)
An order under subsection (1) may, in relation to a qualification specified in the
order, include provision as to when a person who holds the qualification is, for
the purposes of section 50, to be taken first to have held it.
(4)
Where—
(a)
a qualification is specified under subsection (1),
25
(b)
the qualification is one awarded by a body such as is mentioned in
subsection (2)(b), and
(c)
after the qualification is specified under subsection (1), it becomes the
case that the body —
(i)
is not designated for the purposes of section 27 of the Courts
30
and Legal Services Act 1990, and
(ii)
is not designated for the purposes of section 28 of that Act,

the provision under subsection (1) specifying the qualification ceases to have
effect, subject to any provision made under paragraph 33(1) of Schedule 4 to
that Act (transitional and incidental provision in connection with revocation of
35
authorised body’s designation).
(5)
For the purposes of section 50 and this section, a person shall be taken first to
become a solicitor when the person’s name is entered on the roll kept under
section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all
solicitors) for the first time after the person’s admission as a solicitor.
40
(6)
For the purposes of section 50 and this section, a person shall be taken first to
become a barrister—
(a)
when the person completes pupillage in connection with becoming a
barrister, or
(b)
in the case of a person not required to undertake pupillage in
45
connection with becoming a barrister, when the person is called to the
Bar of England and Wales.

Tribunals, Courts and Enforcement Bill [HL]
Part 2 — Judicial appointments
40

(7)
For the purposes of section 50—
(a)
a barrister,
(b)
a solicitor, or
(c)
a person who holds a qualification specified under subsection (1),

shall be taken not to have a relevant qualification at times when, as a result of
5
disciplinary proceedings, he is prevented from practising as a barrister or (as
the case may be) as a solicitor or as a holder of the specified qualification.
(8)
The Lord Chancellor may by order make provision supplementing or
amending subsections (5) to (7).
(9)
Before making an order under subsection (1) or (8), the Lord Chancellor must
10
consult—
(a)
the Lord Chief Justice of England and Wales, and
(b)
the Judicial Appointments Commission.
(10)
The Lord Chief Justice of England and Wales may nominate a judicial office
holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4))
15
to exercise his function under subsection (9)(a).
(11)
In this section—
“barrister” means barrister in England and Wales;
“solicitor” means solicitor of the Senior Courts of England and Wales.
(12)
Power to make an order under this section is exercisable by statutory
20
instrument.
(13)
An order under this section may make different provision for different
purposes.
(14)
No order may be made under this section unless a draft of the statutory
instrument containing it (whether alone or with other provision) has been laid
25
before, and approved by a resolution of, each House of Parliament.
(15)
At any time before the coming into force of section 59(1) of the Constitutional
Reform Act 2005 (renaming of Supreme Court), the reference to the Senior
Courts in subsection (11) is to be read as a reference to the Supreme Court.
52
Meaning of “gain experience in law” in section 50
30
(1)
This section applies for the purposes of section 50.
(2)
A person gains experience in law during a period if the period is one during
which the person is engaged in law-related activities.
(3)
For the purposes of subsection (2), a person’s engagement in law-related
activities during a period is to be disregarded if the engagement is negligible
35
in terms of the amount of time engaged.
(4)
For the purposes of this section, each of the following is a “law-related
activity”—
(a)
the carrying-out of judicial functions of any court or tribunal;
(b)
acting as an arbitrator;
40
(c)
practice or employment as a lawyer;
(d)
advising (whether or not in the course of practice or employment as a
lawyer) on the application of the law;

Tribunals, Courts and Enforcement Bill [HL]
Part 2 — Judicial appointments
41

(e)
assisting (whether or not in the course of such practice) persons
involved in proceedings for the resolution of issues arising under the
law;
(f)
acting (whether or not in the course of such practice) as mediator in
connection with attempts to resolve issues that are, or if not resolved
5
could be, the subject of proceedings;
(g)
drafting (whether or not in the course of such practice) documents
intended to affect persons’ rights or obligations;
(h)
teaching or researching law;
(i)
any activity that, in the relevant decision-maker’s opinion, is of a
10
broadly similar nature to an activity within any of paragraphs (a) to (h).
(5)
For the purposes of this section, an activity mentioned in subsection (4) is a
“law-related activity” whether it—
(a)
is done on a full-time or part-time basis;
(b)
is or is not done for remuneration;
15
(c)
is done in the United Kingdom or elsewhere.
(6)
In subsection (4)(i) “the relevant decision-maker”, in relation to determining
whether a person satisfies the judicial-appointment eligibility condition on an
N-year basis in a particular case, means—
(a)
where the condition applies in respect of appointment by Her Majesty
20
to an office or other position, the person whose function it is to
recommend the exercise of Her Majesty’s function of making
appointments to that office or position;
(b)
where the condition applies in respect of appointment, by any person
other than Her Majesty, to an office or other position, that person.
25
(7)
In subsection (6) “appointment”, in relation to an office or position, includes
any form of selection for that office or position (whether called appointment or
selection, or not).
53
Appointment of deputy district judges, etc.
Schedule 11 (which makes amendments to the Supreme Court Act 1981 (c. 54)
30
and the County Courts Act 1984 (c. 28) in connection with the appointment and
assignment of deputy district judges and the assignment of district judges) has
effect.
54
Deputy, and temporary additional, Masters etc.
(1)
Section 91 of the Supreme Court Act 1981 (which provides for persons to be
35
appointed as deputies for holders of, or as temporary additional officers in,
certain judicial offices) is amended as set out in subsections (2) and (3).
(2)
In subsection (1), for “a person” substitute “a holder of relevant office”.
(3)
After subsection (1) insert—
“(1ZA)
If it appears to the Lord Chancellor that it is expedient to do so in order
40
to facilitate the disposal of business in the Senior Courts, he may
appoint a person who is not a holder of relevant office—
(a)
to act as a deputy for any person holding an office listed in
column 1 of Part 2 of Schedule 2; or
(b)
to act as a temporary additional officer in any such office,
45

Tribunals, Courts and Enforcement Bill [HL]
Part 2 — Judicial appointments
42


during such period or on such occasions as the Lord Chancellor thinks
fit.
(1ZB)
In subsections (1) and (1ZA), a “holder of relevant office” means a
person—
(a)
who holds, or has held, any office listed in column 1 of Part 2 or
5
3 of Schedule 2, or
(b)
who holds, or has held, the office of district judge.”
(4)
In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists
appointments to certain offices in relation to which the procedure in sections
86 to 93, and section 96, of that Act applies), after the entry relating to an
10
arbitrator appointed under paragraph 12(3) of Schedule 2 to the British
Telecommunications Act 1981, insert the following entry—

“Person appointed by the
Section 91(1ZA) of the Supreme

Lord Chancellor as a deputy
Court Act 1981”

for a holder of, or as a

15

temporary additional officer

in, an office listed in column 1

of Part 2 of Schedule 2 to the

Supreme Court Act 1981

(5)
In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (which
20
specifies the “relevant offices” for the purposes of section 26(1) of that Act,
being offices that the holder must vacate on reaching the age of 70), at the end
of the entry for each office listed below, add “, or appointed under subsection
(1ZA) of that section”—
Deputy or temporary Master, Queen’s Bench Division;
25
Deputy or temporary Admiralty Registrar;
Deputy or temporary Master, Chancery Division;
Deputy or temporary Registrar in Bankruptcy of the High Court;
Deputy or temporary Taxing Master of the Senior Courts;
Deputy or temporary district judge of the principal registry of the Family
30
Division;
Deputy or temporary Master of the Court of Protection.
(6)
At any time before the coming into force of section 59(1) of the Constitutional
Reform Act 2005, the following references to the Senior Courts are to be read
as references to the Supreme Court—
35
(a)
the reference in section 91(1ZA) of the Supreme Court Act 1981
(inserted by subsection (3) above); and
(b)
the reference in subsection (5).
55
Members and chairmen of certain Appeals Commissions
In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (which lists
40
appointments to certain offices in relation to which the procedure in sections
86 to 93, and section 96, of that Act applies), omit the entries relating to—
Member of the Special Immigration Appeals Commission (appointed
under paragraph 1(1) of Schedule 1 to the Special Immigration Appeals
Commission Act 1997 (c. 68));
45

Tribunals, Courts and Enforcement Bill [HL]
Part 3 — Enforcement by taking control of goods
Chapter 1 — Procedure
43

Chairman of the Special Immigration Appeals Commission (appointed
under paragraph 2 of that Schedule);
Member of the Proscribed Organisations Appeal Commission (appointed
under paragraph 1(1) of Schedule 3 to the Terrorism Act 2000 (c. 11));
Chairman of the Proscribed Organisations Appeal Commission
5
(appointed under paragraph 1(2) of that Schedule);
Member of the Pathogens Access Appeal Commission (appointed under
paragraph 1(1) of Schedule 6 to the Anti-terrorism, Crime and Security
Act 2001 (c. 24));
Chairman of the Pathogens Access Appeal Commission (appointed under
10
paragraph 1(2) of that Schedule).
56
Orders permitting disclosures to Judicial Appointments Commission
In section 90(5)(a) of the Justice (Northern Ireland) Act 2002 (c. 26) (which
provides that certain orders under that Act are subject to annulment in
pursuance of a resolution of either House of Parliament), after “section 2(2)(a)
15
or (c),” insert “5A(6),”.
Part 3
Enforcement by taking control of goods
Chapter 1
Procedure
20
57
Enforcement by taking control of goods
(1)
Schedule 12 applies where an enactment, writ or warrant confers power to use
the procedure in that Schedule (taking control of goods and selling them to
recover a sum of money).
(2)
The power conferred by a writ or warrant of control to recover a sum of money,
25
and any power conferred by a writ or warrant of possession or delivery to take
control of goods and sell them to recover a sum of money, is exercisable only
by using that procedure.
(3)
Schedule 13—
(a)
amends some powers previously called powers to distrain, so that they
30
become powers to use that procedure;
(b)
makes other amendments relating to Schedule 12 and to distress or
execution.
(4)
The following are renamed—
(a)
writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are
35
renamed writs of control;
(b)
warrants of execution are renamed warrants of control;
(c)
warrants of distress, unless the power they confer is exercisable only
against specific goods, are renamed warrants of control.
58
Enforcement agents
40
(1)
This section and section 59 apply for the purposes of Schedule 12.