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 5 — Debt management and relief
Chapter 4 — Debt management schemes
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118
Dealing with appeals
(1)
This section applies if an appeal is made to a county court under section 117.
(2)
The county court may determine the appeal in any way that it thinks fit.
(3)
The county court may make such orders as may be necessary to give effect to
the determination of the appeal.
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(4)
The county court may, in particular, order the scheme operator to do any of the
following—
(a)
to reconsider the decision to arrange the plan;
(b)
to reconsider any decision about the terms of the plan;
(c)
to modify the debt repayment plan;
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(d)
to revoke the debt repayment plan.
(5)
The county court may make such interim provision as it thinks fit in relation to
the period before the appeal is determined.
(6)
The county court is the county court to which the appeal is made.
Approved schemes: charging
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119
  Charges by operator of approved scheme
(1)
The operator of an approved scheme may recover its costs by charging debtors
or affected creditors (or both).
(2)
In this section—
“costs” means the costs which the operator incurs, taking one year with
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another, in connection with the approved scheme, so far as those costs
are reasonable;
“debtors” means—
(a)
debtors who make requests for debt repayment plans to be
arranged in accordance with the approved scheme, and
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(b)
debtors for whom debt repayment plans are arranged in
accordance with the approved scheme.
Termination of approval
120
Procedure for termination
(1)
Regulations may specify a procedure for terminating the approval of a debt
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management scheme.
(2)
Regulations under this section may, in particular, specify a procedure that
requires any or all of the following—
(a)
notice of, or the reasons for, an intended termination to be given
(whether to the supervising authority, the scheme operator, the Lord
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Chancellor or any other person);
(b)
conditions to be met before a termination takes effect;
(c)
a particular period of time to elapse before a termination takes effect.

Tribunals, Courts and Enforcement Bill [HL]
Part 5 — Debt management and relief
Chapter 4 — Debt management schemes
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121
Terminating an approval
The approval of a debt management scheme may be terminated only if the
termination is in accordance with all of the following (so far as they are
relevant)—
(a)
any terms to which the approval is subject by virtue of section 108;
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(b)
any provision made in regulations under section 120;
(c)
any other provision made in other regulations under this Chapter.
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  Alternatives to termination
(1)
Regulations may make provision to allow the supervising authority to deal
with a termination case other than by terminating the approval.
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(2)
A termination case is a case in which the supervising authority would be
entitled to terminate the approval of a debt management scheme.
(3)
Regulations under this section may, in particular, make provision to allow the
supervising authority to transfer the operation of the scheme—
(a)
to itself, or
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(b)
to any other body.
Effects of end of approval
123
  Effects of end of approval
(1)
Regulations may make provision about the effects if the approval of a debt
management scheme comes to an end.
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(2)
Regulations under this section may, in particular, make provision about the
treatment of debt repayment plans arranged for non-business debtors before
the scheme came to an end.
(3)
That includes provision to treat a plan—
(a)
as though the approval had not come to an end, or
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(b)
as though the plan had been made in accordance with a different
approved scheme.
(4)
Regulations under this section may, in particular, make provision about cases
where, at the time the scheme comes to an end, the scheme operator is in breach
of a relevant obligation.
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(5)
That includes provision to ensure that the operator is not released from the
relevant obligation by virtue of the termination.
(6)
In subsections (4) and (5) “relevant obligation” means any obligation
(including a requirement or condition) however arising, that relates to—
(a)
the scheme in question (including its operation),
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(b)
the approval of that scheme, or
(c)
the termination of that approval.

Tribunals, Courts and Enforcement Bill [HL]
Part 5 — Debt management and relief
Chapter 4 — Debt management schemes
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The supervising authority
124
The supervising authority
(1)
The supervising authority is—
(a)
the Lord Chancellor, or
(b)
any person that the Lord Chancellor has authorised to approve debt
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management schemes under section 106.
(2)
Subsections (3) and (4) apply in any case where an authorisation under
subsection (1)(b) starts or ends.
(3)
The start or end of the authorisation does not affect the validity of an approval
that is in force at the relevant time.
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(4)
The new supervising authority may exercise all of its functions in relation to an
approval that is in force at the relevant time as though it had given the
approval itself.
(5)
In this section—
“approval” means an approval of a debt management scheme given
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under section 106;
“relevant time” means the time when an authorisation starts or ends.
Various
125
Regulations
(1)
It is for the Lord Chancellor to make regulations.
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(2)
The power to make regulations is exercisable by statutory instrument.
(3)
A statutory instrument containing regulations is subject to annulment in
pursuance of a resolution of either House of Parliament.
(4)
But subsection (3) does not apply in the case of a statutory instrument that
contains either or both of the following—
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(a)
the first regulations under a particular section of this Chapter;
(b)
any regulations under section 113(6);
(c)
any regulations under section 115 that amend section 98 of the Courts
Act 2003 (c. 39);
(d)
any regulations that amend section 117 or 118.
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(5)
In such a case the statutory instrument may not be made unless a draft of the
instrument has been laid before, and approved by a resolution of, each House
of Parliament.
(6)
Regulations may make different provision in relation to different cases.
(7)
Regulations may make any or all of the following provision if the Lord
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Chancellor thinks it is necessary or expedient—
(a)
supplementary, incidental or consequential provision;
(b)
transitory, transitional or saving provision.
(8)
Provision under subsection (7) may, in particular, amend section 117 or 118
(including by making provision for further grounds of appeal).
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Chapter 4 — Debt management schemes
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(9)
In this section (except in subsection (4)(a) to (c)) “regulations” means
regulations under any provision of this Chapter.
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Main definitions
(1)
In this Chapter—
“affected creditor” has the meaning given by section 117;
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“approved scheme” means a debt management scheme that is approved
under section 106;
“debt management scheme” has the meaning given by section 104;
“debt repayment plan” has the meaning given by section 105;
“non-business debtor” means any individual who—
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(a)
is a debtor under one or more qualifying debts, but
(b)
is not a debtor under any business debts;
“period of protection” has the meaning given by section 128;
“qualifying creditor” means a creditor under a qualifying debt;
“scheme operator” means the body that operates a debt management
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scheme;
“specified debt” means a debt specified in a debt repayment plan;
“supervising authority” has the meaning given by section 124.
(2)
Any reference to a county court is subject to rules of court as to the venue for,
and transfer of, proceedings in county courts.
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127
Expressions relating to debts
(1)
All debts are qualifying debts, except the following—
(a)
any debt secured against an asset;
(b)
in relation to a debt repayment plan which has been requested or
arranged, any debt which could not, by virtue of the terms of the debt
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management scheme, be specified in the plan.
(2)
A business debt is any debt (whether or not a qualifying debt) which is
incurred by a person in the course of a business.
128
Periods of protection
(1)
A “period of protection”, in relation to a non-business debtor, is a period which
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begins and ends as specified in this section.
(2)
The period begins if, and when, the debtor makes a request to the operator of
an approved scheme for a debt repayment plan to be arranged in accordance
with the scheme.
(3)
The period ends as follows—
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(a)
if a debt repayment plan is not arranged in consequence of the request:
when the decision is made not to arrange the plan;
(b)
if a debt repayment plan is arranged in consequence of the request:
when that plan ceases to have effect.
(4)
But if other debt management arrangements are in force in relation to debtor
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immediately before he makes the request, the period does not begin unless,
and until, a debt repayment plan—

Tribunals, Courts and Enforcement Bill [HL]
Part 6 — Protection of cultural objects on loan
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(a)
is arranged in consequence of the request, and
(b)
comes into effect in accordance with section 116(2).
(5)
In this section the reference to other debt management arrangements which are
in force has the same meaning as such references in section 116.
Part 6
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Protection of cultural objects on loan
129
Protected objects
(1)
An object is protected under section 130 if the conditions in subsection (2) are
met when it enters the United Kingdom.
(2)
The conditions are—
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(a)
the object is usually kept outside the United Kingdom,
(b)
it is not owned by a person resident in the United Kingdom,
(c)
its import does not contravene a prohibition or restriction on the import
of goods, imposed by or under any enactment, that applies to the object,
a part of it or anything it conceals,
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(d)
it is brought to the United Kingdom for public display in a temporary
exhibition at a museum or gallery, and
(e)
the museum or gallery has complied with any requirements prescribed
by regulations made by the Secretary of State under this paragraph
about the publication of specified information about the object.
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(3)
A person owns an object for the purposes of subsection (2)(b) whether he owns
it beneficially or not and whether alone or with others.
(4)
The protection continues—
(a)
only so long as the object is in the United Kingdom for any of the
purposes in subsection (7), and
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(b)
unless subsection (5) applies, for not more than 12 months beginning
with the day when the object enters the United Kingdom.
(5)
The protection continues after the end of the period specified in subsection
(4)(b) if the object has suffered damage while protected, and—
(a)
it is undergoing repair, conservation or restoration in the United
30
Kingdom because of the damage, or
(b)
it is leaving the United Kingdom following repair, conservation or
restoration because of the damage.
(6)
A new period of protection begins each time an object enters the United
Kingdom and the conditions in subsection (2) are met.
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(7)
The purposes mentioned in subsection (4)(a) are—
(a)
public display in a temporary exhibition at a museum or gallery;
(b)
going to or returning from public display in a temporary exhibition at
a museum or gallery;
(c)
related repair, conservation or restoration;
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(d)
going to or returning from related repair, conservation or restoration;
(e)
leaving the United Kingdom.

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(8)
Repair, conservation or restoration is related if it is carried out in the United
Kingdom and is done—
(a)
to prepare the object for public display in a temporary exhibition at a
museum or gallery, or
(b)
because of damage suffered in the course of something within
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subsection (7).
(9)
The Secretary of State may make regulations requiring a museum or gallery to
provide persons with specified information about an object in specified
circumstances (which may include in particular compliance with conditions
imposed by or under the regulations).
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(10)
Regulations under this section—
(a)
may not be made without the consent of the Scottish Ministers, the
Welsh Ministers and the Department for Culture, Art and Leisure in
Northern Ireland, and
(b)
must be made by statutory instrument.
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(11)
A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
130
Effect of protection
(1)
While an object is protected under this section it may not be seized or forfeited
under any enactment or rule of law, unless—
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(a)
it is seized or forfeited under or by virtue of an order made by a court
in the United Kingdom, and
(b)
the court is required to make the order under, or under provision
giving effect to, a Community obligation or any international treaty.
(2)
Protection under this section does not affect liability for an offence of
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importing, exporting or otherwise dealing with the object, but (subject to
subsection (1)) any power of arrest or otherwise to prevent such an offence is
not exercisable so as to prevent the object leaving the United Kingdom.
(3)
In this section, references to seizure or forfeiture in relation to an object include
references to—
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(a)
taking control of the object under Schedule 12 (in England and Wales);
(b)
execution or distress (in England and Wales or Northern Ireland);
(c)
diligence or sequestration (in Scotland);
(d)
seizure, confiscation or forfeiture, or any other measure relating to the
custody or control of the object, in the course of a criminal investigation
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or criminal proceedings (against the owner, the museum or gallery or
any other person);
(e)
the making or enforcement of an order relating to the custody or control
of the object in civil proceedings (against the owner, the museum or
gallery or any other person).
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131
Relevant museums and galleries
(1)
In this Part “museum or gallery” means an institution in the United Kingdom
approved under this section by the appropriate authority.
(2)
The matters that the appropriate authority must have regard to when deciding
whether to approve an institution include—
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(a)
the institution’s procedures for establishing the provenance and
ownership of objects, and
(b)
in particular, compliance by the institution with guidance about such
procedures published by the Secretary of State from time to time.
(3)
The appropriate authority may withdraw approval from an institution if it
5
thinks fit, and, in particular, if—
(a)
it thinks that the institution’s procedures for establishing the
provenance or ownership of objects are inadequate (because of the
institution’s failure to comply with guidance published by the
Secretary of State or for some other reason), or
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(b)
the institution has failed to comply with a requirement of regulations
under section 129(9).
(4)
The withdrawal of approval from an institution does not affect the application
of sections 129 and 130 to any object which is a protected object immediately
before the withdrawal.
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(5)
In this section “the appropriate authority” means—
(a)
the Secretary of State, in relation to an institution in England,
(b)
the Welsh Ministers, in relation to an institution in Wales,
(c)
the Scottish Ministers, in relation to an institution in Scotland, and
(d)
the Department for Culture, Art and Leisure, in relation to an
20
institution in Northern Ireland.
132
Interpretation
(1)
The following apply for the purposes of this Part.
(2)
“Enactment” includes an enactment comprised in, or in an instrument made
under, an Act of the Scottish Parliament.
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(3)
“Public display” means display to which the public are admitted, on payment
or not, but does not include display with a view to sale.
(4)
“Temporary exhibition” means an exhibition of one or more objects which is
open to the public for a period of less than twelve months, whether at a single
location or at a succession of locations.
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(5)
A temporary exhibition is at a museum or gallery if it is held at or under the
direction of the museum or gallery.
(6)
An individual is resident in the United Kingdom if he is ordinarily resident in
the United Kingdom for the purposes of income tax, or would be if he were
receiving income on which tax is payable.
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(7)
The trustees of a settlement (or, in Scotland, the trustees of a trust) are resident
in the United Kingdom if they are resident and ordinarily resident in the
United Kingdom for the purposes of income tax, or would be if they were
receiving income on which tax is payable.
(8)
A partnership (including a limited partnership) or unincorporated association
40
is resident in the United Kingdom if it is established under the law of any part
of the United Kingdom.
(9)
A body corporate is resident in the United Kingdom if it is incorporated under
the law of any part of the United Kingdom.