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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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