Tribunals, Courts and Enforcement Act 2007 (c. 15)

(The document as of February, 2008)

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(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.

133 Periods of protection

(1) A "period of protection", in relation to a non-business debtor, is a period which 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--

(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 immediately before he makes the request, the period does not begin unless, and until, a debt repayment plan--

(a) is arranged in consequence of the request, and

(b) comes into effect in accordance with section 121(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 121.

Part 6 Protection of cultural objects on loan

134 Protected objects

(1) An object is protected under section 135 if the conditions in subsection (2) are met when it enters the United Kingdom.

(2) The conditions are--

(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,

(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.

(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

(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 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.

(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;

(d) going to or returning from related repair, conservation or restoration;

(e) leaving the United Kingdom.

(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 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).

(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.

(11) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

135 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--

(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 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--

(a) taking control of the object under Schedule 12 (in England and Wales);

(b) execution or distress (in England and Wales or Northern Ireland);

(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 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).

136 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--

(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 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

(b) the institution has failed to comply with a requirement of regulations under section 134(9).

(4) The withdrawal of approval from an institution does not affect the application of sections 134 and 135 to any object which is a protected object immediately before the withdrawal.

(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,

(d) the Department for Culture, Art and Leisure, in relation to an institution in Northern Ireland.

137 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.

(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.

(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.

(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 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.

(10) "United Kingdom" includes the territorial sea adjacent to the United Kingdom (within the meaning given by section 1 of the Territorial Sea Act 1987 (c. 49)).

138 Crown application

This Part binds the Crown.

Part 7 Miscellaneous

Compulsory purchase

139 Enforcement by enforcement officers

(1) In section 3 of the Lands Clauses Consolidation Act 1845 (c. 18) (interpretations in this and the special Act), at the end insert--

" Where any matter in relation to any lands is required to be done by an enforcement officer, the expression "the enforcement officer" means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003. "

(2) In section 91 of that Act (proceedings in case of refusal to deliver possession of lands)--

(a) after "the sheriff" in the first place insert "or the enforcement officer";

(b) for "the sheriff" in the second place substitute "the person to whom it is issued";

(d) after the existing words, which (as amended) become subsection (1), insert--

" (2) If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the warrant is issued to two or more persons collectively, the duty in subsection (1) to deliver possession of lands shall apply to the person to whom the warrant is allocated in accordance with the approved arrangements mentioned in that Schedule. "

(3) Subsections (1) and (2) extend only to England and Wales.

(4) Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give possession to acquiring authority) is amended as follows.

(5) In subsection (1), for the words from "the sheriff" to the end substitute " --

(a) the sheriff, or

(b) the enforcement officer,

to deliver possession of it to the person appointed in the warrant to receive it. "

(6) In subsection (2), for "the sheriff" substitute "the person to whom it is issued".

(7) After subsection (2) insert--

" (2A) If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the warrant is issued to two or more persons collectively, the duty in subsection (2) of this section shall apply to the person to whom the warrant is allocated in accordance with the approved arrangements mentioned in that Schedule. "

(8) In subsection (3), for "the sheriff" substitute "the person executing the warrant".

(9) In subsection (6), after "In this section" insert " --

"the enforcement officer", in relation to a warrant to deliver possession of land under this section, means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003, and " .

(10) Schedule 22 makes consequential amendments.

140 Supplementary

(1) Schedule 7 to the Courts Act 2003 (c. 39) (High Court writs of execution) is amended as follows.

(2) After paragraph 3 insert--

" Issue of certain warrants to enforcement officers

3A (1) Sub-paragraph (2) applies for the purpose of identifying the enforcement officer to whom a warrant may be issued under--

(a) section 91(1) of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands), or

(b) section 13(1) of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority).

(2) The enforcement officer, in relation to such a warrant, is--

(a) the enforcement officer assigned to a relevant district or, if two or more enforcement officers are assigned to that district, those officers collectively, or

(b) a named enforcement officer who, whether or not assigned to a relevant district, has undertaken to execute the warrant.

(3) In sub-paragraph (2), "a relevant district", in relation to a warrant, means--

(a) the district where the land in respect of which the warrant was issued is situated, or

(b) if that land (being land in one ownership) is not situated wholly in one district, a district where any part of that land is situated. "

(3) Paragraph 4 is amended as set out in subsections (4) to (7).

(4) In sub-paragraph (1), at the end insert "and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b)".

(5) After sub-paragraph (2) insert--

" (2A) The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if--

(a) the warrant had been issued to him, and

(b) the district in which it is to be executed had been within his county. "

(6) For sub-paragraph (3) substitute--

" (3) "The relevant officer" means--

(a) in relation to a writ--

(i) if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;

(ii) if the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the officer to whom, in accordance with approved arrangements, the execution of the writ is allocated,

(b) in relation to a warrant--

(i) if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;

(ii) if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated. "

(7) For sub-paragraph (4) substitute--

" (4) Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer. "

(8) In paragraph 5, after "writ" insert "or warrant".

(9) In paragraph 12(2)(d)(ii), after "officers" insert ", or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b),".

(10) Accordingly--

(a) in section 99 of that Act (High Court writs of execution), in subsection (1) at the end insert "and about warrants issued in connection with the compulsory acquisition of land";

(b) in Schedule 7 to that Act--

(i) for the heading "High Court Writs of Execution" substitute "Enforcement of Certain Writs and Warrants";

(ii) in the heading immediately preceding paragraph 1, for "of execution" substitute "and warrants".

Judicial review

141 Judicial review: power to substitute decision

In section 31 of the Supreme Court Act 1981 (c. 54) (application for judicial review), for subsection (5) substitute--

" (5) If, on an application for judicial review, the High Court quashes the decision to which the application relates, it may in addition--

(a) remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or

(b) substitute its own decision for the decision in question.

(5A) But the power conferred by subsection (5)(b) is exercisable only if--

(a) the decision in question was made by a court or tribunal,

(b) the decision is quashed on the ground that there has been an error of law, and

(5B) Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal. "

Employment tribunals: ACAS

142 Recovery of sums payable under compromises involving ACAS

In the Employment Tribunals Act 1996 (c. 17), after section 19 insert--

" 19A Conciliation: recovery of sums payable under compromises

(1) Subsections (3) to (6) apply if--

(a) a conciliation officer--

(i) has taken action under section 18 in a case, and

(ii) issues a certificate in writing stating that a compromise has been reached in the case, and

(b) all of the terms of the compromise are set out--

(i) in a single relevant document, or

(ii) in a combination of two or more relevant documents.

(2) A document is a "relevant document" for the purposes of subsection (1) if--

(a) it is the certificate, or

(b) it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.

(3) Any sum payable by a person under the terms of the compromise (a "compromise sum") shall, subject to subsections (4) to (7), be recoverable--

(a) in England and Wales, by execution issued from a county court or otherwise as if the sum were payable under an order of that court;

(b) in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) A compromise sum is not recoverable under subsection (3) if--

(a) the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and

(b) that declaration is made.

(5) If rules of court so provide, a compromise sum is not recoverable under subsection (3) during the period--

(a) beginning with the issue of the certificate, and

(b) ending at such time as may be specified in, or determined under, rules of court.

(6) If the terms of the compromise provide for the person to whom a compromise sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)--

(a) in England and Wales, only if a county court so orders;

(b) in Scotland, only if the sheriff so orders.

(7) Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending.

(8) An application for a declaration under subsection (4) may be made to an employment tribunal, a county court or the sheriff.

(9) Employment tribunal procedure regulations may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made.

(10) Rules of court may make provision as to--

(a) the time within which an application to a county court for a declaration under subsection (4) is to be made;

(b) the time within which an application to the sheriff for a declaration under subsection (4) is to be made;

(c) when an application (whether made to a county court, the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).

(11) Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section.

(12) In this section "compromise" (except in the phrase "compromise sum") means a settlement, or compromise, to avoid proceedings or bring proceedings to an end. "

Design rights: appeals

143 Appeals in relation to design rights

(1) Section 28 of the Registered Designs Act 1949 (c. 88) (which provides that appeals under that Act from decisions of the Comptroller-General of Patents Designs and Trade Marks lie to the Appeal Tribunal established by that section) ceases to have effect.

(2) After section 27 of that Act insert--

" 27A Appeals from decisions of registrar

(1) In this section "appeal" means an appeal from the registrar under this Act.

(2) An appeal lies to the court, subject to subsection (4).

(3) On an appeal, the court may exercise any power which could have been exercised by the registrar in the proceeding from which the appeal is brought.

(4) An appeal brought in England and Wales must, if there is a patents county court that has jurisdiction to entertain the appeal by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988, be brought in such a patents county court.

(5) Subsection (4) is not to be taken to prejudice the application of section 42 of the County Courts Act 1984 (transfer of proceedings to High Court by order of county court) in relation to proceedings on an appeal brought in a patents county court.

(6) Rules of court may make provision as to the exercise of the power under section 42(2) of that Act in relation to proceedings on an appeal brought in a patents county court. "

(3) In section 249 of the Copyright, Designs and Patents Act 1988 (c. 48) (appeals as to terms of licence of right)--

(a) in subsection (1), for "the Appeal Tribunal constituted under section 28 of the Registered Designs Act 1949" substitute "the court", and

(b) after that subsection insert--

" (1A) In subsection (1) "the court" means--

(a) in England and Wales or Northern Ireland, the High Court;

(b) in Scotland, the Court of Session. "

Part 8 General

144 Protected functions of the Lord Chancellor

(1) In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of the Lord Chancellor) Part A of the list in paragraph 4 is amended as follows.

(2) In the entry for the London Building Acts (Amendment) Act 1939 (c. xcvii) after "109(2)" insert "and (4)".

(3) Insert in the appropriate place--

" Attachment of Earnings Act 1971 (c. 32)

Section 6A
Section 15B
Schedule 3A " .

(4) Insert in the appropriate place--

" Charging Orders Act 1979 (c. 53)

Section 3A " .

(5) In the entries for the Supreme Court Act 1981 (c. 54) for "Section 91(6)" substitute "Section 91(1), (1A) and (6)".

(6) In the entries for the County Courts Act 1984 (c. 28) insert in the appropriate place--

" Section 85(2)
Part 6
Part 6A " .

(7) In the entry for section 26(5), (6) and (9) of the Judicial Pensions and Retirement Act 1993 (c. 8), for "and (9)" substitute ", (9) and (13)".

(8) In the entries for the Employment Tribunals Act 1996 (c. 17) insert in the appropriate place--

" Section 5A
Section 7A
Section 29A " .

(9) In the entry for the Social Security Act 1998 (c. 14) insert in the appropriate place--

" Section 7(6A) " .

(10) In the entries for the Nationality, Immigration and Asylum Act 2002 (c. 41)--

(a) insert in the appropriate place--

" Section 107 " ;

(b) in the entry for Schedule 4, for "and 7" substitute ", 7 and 14".

(11) Insert in the appropriate place--

" Tribunals, Courts and Enforcement Act 2007

Part 1
Section 51
Part 3
Sections 95 to 102 " .

145 Power to make supplementary or other provision

(1) The Lord Chancellor (or, in relation to Chapter 3 of Part 5 only, the Secretary of State) may by order make any supplementary, incidental, consequential, transitory, transitional or saving provision which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2) An order under this section may in particular--

(a) provide for any provision of this Act which comes into force before another to have effect, until that other provision has come into force, with modifications specified in the order;

(b) amend, repeal or revoke any enactment other than one contained in an Act or instrument passed or made after the Session in which this Act is passed.

(3) The amendments that may be made by an order under this section are in addition to those made by or under any other provision of this Act.

(4) An order under this section may make different provision for different purposes.

(5) The power to make an order under this section is exercisable by statutory instrument.

(6) A statutory instrument containing an order under this section, unless it is an order to which subsection (7) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) No order amending or repealing an enactment contained in an Act may be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

146 Repeals

Schedule 23 contains repeals.

147 Extent

(1) Parts 1, 2 and 6 and this Part extend to England and Wales, Scotland and Northern Ireland.

(2) The other provisions of this Act extend only to England and Wales.

(3) Subsections (1) and (2) are subject to subsections (4) and (5).

(4) Unless provided otherwise, amendments, repeals and revocations in this Act extend to any part of the United Kingdom to which the provisions amended, repealed or revoked extend.

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