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Index to Tribunals, Courts and Enforcement Bill


 

Part 1: Tribunals and Inquiries

Part 2: Judicial Appointments

Part 3: Enforcement by Taking Control of Goods

Part 4: Enforcement of Judgments and Orders

Part 5: Debt Management and Relief

Part 6: Protection of cultural objects on loan

Part 7: Miscellaneous

Part 8: General

The new tribunals

Membership, deployment and composition

Reviews and appeals and the judicial review jurisdiction of the tribunals

Transfer of tribunal functions

Administrative Support

Oversight of Tribunals and Inquiries

Administrative Justice and Tribunals Council

Enforcement

COMMENTARY ON CLAUSES: PART 1

Clause 1: Independence of tribunal judiciary

Clause 2 and Schedule 1: Senior President of Tribunals

Clause 3: The First-tier Tribunal and the Upper Tribunal

Clause 4 and Schedule 2: Judges and other members of the First-tier Tribunal

Clause 6: Certain Judges who are also judges of First-tier Tribunal and Upper Tribunal

Clause 7: Chambers: Jurisdiction and Presidents and Schedule 4: Chambers and Chamber Presidents: further provision

Clause 8: Senior President of Tribunals: power to delegate

Clauses 9 and 10: Review of decisions of First-tier and Upper Tribunals

Clause 11: Right to appeal to Upper Tribunal

Clause 12: Proceedings on appeal to Upper Tribunal

Clause 13: Right to appeal to Court of Appeal etc

Clause 14: Proceedings on appeal to Court of Appeal etc

"Judicial Review" Clauses 15 to 21

Clause 15: Upper Tribunal's "judicial review" jurisdiction

Clause 16: Application for relief under clause 15(1)

Clause 17: Quashing orders under clause 15(1): supplementary provision

Clause 18: Limits of jurisdiction under clause 15(1)

Clause 19: Transfer of judicial review applications from High Court

Clause 21: Upper Tribunal's "judicial review" jurisdiction: Scotland

Clause 22 and Schedule 5: Tribunal Procedure Rules

Clause 23: Practice directions

Clause 25: Supplementary powers of Upper Tribunal

Clause 26: First-tier Tribunal and Upper Tribunal: sitting places

Clause 27: Enforcement

Clause 28: Assessors

Clause 29: Costs or expenses

Clause 30: Transfer of functions of certain tribunals

Clause 31: Transfers under section 30: supplementary powers

Clause 32: Power to provide for appeal to Upper Tribunal from tribunals in Wales

Clause 33: Power to provide for appeal to Upper Tribunal from tribunals in Scotland

Clause 34: Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland

Clause 35: Transfer of Ministerial responsibilities for certain tribunals

Clause 36: Transfer of powers to make procedural rules for certain tribunals

Clause 37: Power to amend lists of tribunals in Schedule 6

Clause 38: Orders under clauses 30-36: supplementary

Clause 39: Administrative support for certain tribunals: The general duty

Clause 40: Tribunal staff and services and Clause 41: Provision of accommodation

Clause 42: Fees

Clause 43: Report by Senior President of Tribunals

Clauses 44 and 45: The Administrative Justice and Tribunals Council

Schedule 7: Administrative Justice and Tribunals Council

Clause 46: Delegation of Functions by the Lord Chief Justice etc

Clause 48: Consequential and other amendments, and transitional provisions

Schedule 8: Tribunals and inquiries: consequential and other amendments

Schedule 9: Tribunals: transitional provision

Clause 49: Orders and regulations under Part 1: supplemental and procedural provisions

PART 2: JUDICIAL APPOINTMENTS

SUMMARY

BACKGROUND

COMMENTARY ON CLAUSES: PART 2

Clause 50: Judicial appointments: "judicial-appointment eligibility condition"

Schedule 10: Amendments relating to judicial appointments

Clause 51: "Relevant qualification" in section 50: further provision

Clause 52: Meaning of "gain experience in law" in clause 50

Clause 53: Appointment of deputy district judges, etc

Clause 54: Deputy, and temporary additional, Masters etc.

Clause 55: Members and chairmen of certain Appeals Commissions

Clause 56: Orders permitting disclosures to Judicial Appointments Commission

PART 3: ENFORCEMENT BY TAKING CONTROL OF GOODS

SUMMARY

BACKGROUND

Procedure

Rent Arrears Recovery

COMMENTARY ON CLAUSES: PART 3

Clause 57: Enforcement by taking control of goods

Schedule 12: Taking control of goods

Schedule 13: Taking control of goods: amendments

Clause 58: Enforcement agents

Clause 59: Certificates to act as an enforcement agent

Clause 60: Common law rules replaced

Clause 61: Pre-commencement enforcement not affected

Clause 62: Transfer of county court enforcement

Clause 63: Magistrates' courts warrants of control

Clause 64: County court warrants of control etc

Clause 65: Power of High Court to stay execution

Clause 66: Abolition of common law right

Clause 67: Commercial rent arrears recovery (CRAR)

Clause 68: Landlord

Clause 69: Lease

Clause 70: Commercial premises

Clause 71: Rent

Clause 72: The rent recoverable

Clause 73: Intervention of the court

Clause 74: Use of CRAR after end of lease

Clause 75: Agricultural holdings

Clause 76: Right to rent from sub-tenant

Clause 77: Off-setting payments under a notice

Clause 78: Withdrawal and replacement of notices

Clause 79: Recovery of sums due and overpayments

Clause 80: Contracts for similar rights to be void

Clause 81: Amendments

Clause 83: Abolition of Crown preference

Clause 84: Application to the Crown

Clause 85: Regulations

PART 4 ENFORCEMENT OF JUDGMENTS AND ORDERS

SUMMARY

BACKGROUND

Attachment of earnings orders

Charging orders

Information requests and orders

COMMENTARY ON CLAUSES: PART 4

Clause 86: Attachment of earnings orders: deductions at fixed rates

Schedule 15: Attachment of earnings orders: deductions at fixed rates

Clause 87: Attachment of earnings orders: finding the debtor's current employer

Clause 88: Payment by instalments: making and enforcing charging orders

Clause 89: Charging orders: power to set financial thresholds

Clause 90: Application for information about action to recover judgment debt

Clause 91: Action by the court

Clause 92: Departmental information requests

Clause 93: Information orders

Clause 94: Responding to a departmental information request

Clause 95: Information order: required information not held etc

Clause 96: Using the information about the debtor

Clause 97: Offence of unauthorised use or disclosure

Clause 98: Regulations

Clause 99: Interpretation

Clause 100: Application and transitional provision

PART 5: DEBT MANAGEMENT AND RELIEF

SUMMARY

BACKGROUND

Administration Orders and Enforcement Restriction Orders

Debt Relief Orders

Debt Management Schemes

COMMENTARY ON CLAUSES: PART 5

Clause 101: Administration orders

Schedule 16: Administration orders: consequential amendments

Clause 102: Enforcement restriction orders

Clause 103: Debt relief orders and debt relief restrictions orders etc

Schedule 17 - Part 7A to the Insolvency Act 1986

Schedule 18: Schedule 4ZA to the Insolvency Act 1986

Schedule 19: Schedule 4ZB to the Insolvency Act 1986

Clause 104: Debt management schemes

Clause 105: Debt repayment plans

Clause 106: Approval by supervising authority

Schedule 21 - Regulations under sections 106 and 108

Clause 107: Applications for approval

Clause 108: Terms of approval

Clause 109: Discharge from specified debts

Clause 110: Presentation of bankruptcy petition

Clause 111: Remedies other than bankruptcy

Clause 112: Charging of interest etc.

Clause 113: Stopping supplies of gas or electricity

Clause 114: Existing county court proceedings to be stayed

Clause 115: Registration of plans

Clause 116: Other debt management arrangements in force

Clause 117: Right of appeal

Clause 118: Dealing with appeals

Clause 119: Charges by operator of approved schemes

Clause 120: Procedure for termination

Clause 121: Terminating an approval

Clause 122: Alternatives to termination

Clause 123: Effects of end of approval

Clause 124: The supervising authority

Clause 125: Regulations

SUMMARY

BACKGROUND

COMMENTARY ON CLAUSES: PART 6

Clause 129: Protected objects

Clause 130: Effect of protection

Clause 132: Interpretation

Clause 133: Crown application

BACKGROUND

Compulsory purchase

Judicial review

COMMENTARY ON CLAUSES: PART 7

Clause 134: Enforcement by enforcement officers

Clause 135: Supplementary and Schedule 22: Compulsory purchase: consequential amendments

Clause 136: Judicial review: power to substitute decisions

Clause 137: Recovery of sums payable under compromises involving ACAS

Clause 138: Appeals in relation to design rights

PART 8: GENERAL

SUMMARY

COMMENTARY ON CLAUSES: PART 8

Clause 139: Protected functions of the Lord Chancellor

Clause 140: Power to make supplementary or other provision

Clause 141: Repeals

Clause 142: Extent

Clause 143: Commencement

Clause 144: Short Title

EFFECTS OF THE BILL ON PUBLIC EXPENDITURE

Tribunals

Judicial Appointments

Enforcement by Taking Control of Goods

Enforcement of Judgments and Orders

Debt Management and Relief

EFFECT ON PUBLIC SECTOR MANPOWER

COST TO BUSINESS AND REGULATORY IMPACT

COMMENCEMENT

EXTENT

Territorial application - Northern Ireland

Territorial Application - Scotland

Territorial Application - Wales

Isle of Man

EUROPEAN CONVENTION ON HUMAN RIGHTS

ACAS               Advisory, Conciliation and Arbitration Service

AIT               Asylum and Immigration Tribunal

AJTC               Administrative Justice and Tribunals Council

AO               Administration Order

AEA 1971          Attachment of Earnings Act 1971

AEO               Attachment of Earnings Order

CCA 1984          County Courts Act 1984

COA               Charging Orders Act 1979

CLSA 1990          Courts and Legal Services Act 1990

CPR 1998          Civil Procedure Rules

CRA 2005          Constitutional Reform Act 2005

CRAR               Commercial Rent Arrears Recovery

DAC               Discipline and Appeals Committee

DCA               Department for Constitutional Affairs

DMS               Debt Management Scheme

DRO               Debt Relief Order

DRP               Debt Repayment Plan

DTI               Department for Trade and Industry

DWP               Department for Work and Pensions

ERO               Enforcement Restriction Order

HMRC          Her Majesty's Revenue and Customs

IVA               Individual Voluntary Arrangement

JAC               Judicial Appointments Commission

RDAT               Registered Designs Appeals Tribunal

SCA 1981          Supreme Court Act 1981

 
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Prepared: 23 February 2007