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Tribunals, Courts and Enforcement Act 2007 (c. 15)(The document as of February, 2008) Page 20 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 (2) For paragraph (a) substitute-- " (a) he satisfies the judicial-appointment eligibility condition on a 5-year basis, " . (3) In paragraphs (b) and (c), for "seven" substitute "5". 44 (1) Schedule 13 to the National Health Service Act 2006 (c. 41) is amended as follows. (2) For paragraph 3 (President and Deputy President of Family Health Services Appeal Authority) substitute-- " 3 (1) A person is eligible to be appointed as the President only if he satisfies the judicial-appointment eligibility condition on a 7-year basis. (2) A person is eligible to be appointed as a Deputy President only if he satisfies the judicial-appointment eligibility condition on a 5-year basis. " (3) In paragraph 6(2)(a) (other members), for "with a 7 year general qualification (construed as in paragraph 3)" substitute "who satisfy the judicial-appointment eligibility condition on a 5-year basis". (4) In paragraph 9 (composition of panels), for the words from "must" to the end substitute "must satisfy the judicial-appointment eligibility condition on a 5-year basis." Part 2 Amendments relating to enactments already repealed45 (1) This Part of this Schedule contains amendments of enactments that have already been repealed by provisions of other Acts. (2) In each case-- (a) the repealing provision is specified in relation to the enactment being amended, and (b) the amendment has effect only until the repealing provision is fully commenced in relation to the enactment amended. 46 (1) In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (Lords of Appeal in Ordinary)-- (a) for the words from "for not less than fifteen" to the end of paragraph (a) substitute-- " (a) a person who satisfies the judicial-appointment eligibility condition on a 15-year basis; " , and (b) at the beginning of each of paragraphs (b) and (c) insert "for not less than fifteen years,". (2) In relation to the enactment referred to in sub-paragraph (1), the repealing provision is paragraph 9 of Schedule 17 to the Constitutional Reform Act 2005 (c. 4). 47 (1) In section 28(2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (Judge Advocate of Her Majesty's Fleet)-- (a) for paragraph (a) substitute-- " (a) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis; " , and (b) in paragraphs (b) and (c), for "10" (in each place where it occurs) substitute "7". (2) In section 84B(2) of each of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) and the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (judge advocates), for paragraph (a) substitute-- " (a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; " . (3) In section 103B(5) of each of those Acts (qualified officers in field general courts-martial), for paragraph (a) substitute-- " (a) a person who is a barrister or solicitor in England and Wales; " . (4) In section 53B(2) of the Naval Discipline Act 1957 (c. 53) (judge advocates), for paragraph (a) substitute-- " (a) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; " . (5) In relation to the enactments referred to in sub-paragraphs (1) to (4), the repealing provision is Schedule 17 to the Armed Forces Act 2006 (c. 52). 48 (1) In section 29(2)(a) of the Betting, Gaming and Lotteries Act 1963 (c. 2) (chairman of Levy Appeal Tribunal)-- (a) for sub-paragraph (i) substitute-- " (i) a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or " , and (b) in sub-paragraph (ii), for "7" substitute "5". (2) In relation to the enactment referred to in sub-paragraph (1), the repealing provision is section 356(3)(f) of the Gambling Act 2005 (c. 19). 49 (1) In section 17(1)(a) of the Commons Registration Act 1965 (c. 64) (Commons Commissioners), for the words from "persons" to "1990," substitute "persons who satisfy the judicial-appointment eligibility condition on a 5-year basis". (2) In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 6 to the Commons Act 2006 (c. 26). 50 (1) In section 73(4) of the Road Traffic Act 1991 (c. 40) (parking adjudicator), for the words from "have" to the end substitute "satisfy the judicial-appointment eligibility condition on a 5-year basis." (2) In relation to the enactment referred to in sub-paragraph (1), the repealing provision is Part 1 of Schedule 12 to the Traffic Management Act 2004 (c. 18). Section 56 SCHEDULE 11 District judges and deputy district judgesSupreme Court Act 1981 (c. 54)1 The Supreme Court Act 1981 is amended as set out in paragraphs 2 and 3. 2 In section 100 (district judges), after subsection (4) insert-- " (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1). " 3 (1) Section 102 (deputy district judges) is amended as follows. (2) For subsections (1) and (2) (appointment of deputy district judges to district registries) substitute-- " (1) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the High Court, he may appoint a person to be a deputy district judge. (1A) A person is qualified for appointment under subsection (1) only if the person-- (a) is qualified for appointment as a district judge, or (b) holds, or has held, the office of district judge. (1B) The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person-- (a) holds the office of district judge, or (b) ceased to hold the office of district judge within two years ending with the date when the appointment takes effect. (1C) Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1B) applies. " (3) In subsection (3) (former district judge may be appointed as deputy even though too old to be appointed as a district judge, but no appointment by virtue of the subsection may extend beyond age 75), for the words from the beginning to "by virtue of this subsection" substitute "No appointment to which subsection (1B) applies". (4) For subsection (4) (powers of deputy district judges) substitute-- " (4A) The Lord Chief Justice, after consulting the Lord Chancellor-- (a) may assign a deputy district judge appointed under this section to one or more district registries; (b) may change an assignment so as to assign the deputy district judge to a different district registry or registries (or to no district registry). (4B) A deputy district judge appointed under this section and assigned to a district registry has, while acting under his assignment, the same jurisdiction as a district judge assigned to that registry. (4C) Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district registry to which he is not assigned, but may act in a district registry to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice. " (5) After subsection (5) insert-- " (5A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1B) or (4A). " 4 (1) This paragraph applies to a person holding office as a deputy district judge under section 102 of the Supreme Court Act 1981 (c. 54) by virtue of an appointment made before the commencement of paragraph 3 ("the commencement date"). (2) If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 102(1B) of that Act had applied to his appointment (and had been complied with). (3) The person is to be treated after the commencement date as assigned under section 102(4A) of that Act to the district registry for which he was appointed. County Courts Act 1984 (c. 28)5 The County Courts Act 1984 is amended as set out in paragraphs 6 to 9. 6 In section 6 (district judges), after subsection (6) insert-- " (7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2). " 7 (1) Section 8 (deputy district judges) is amended as follows. (2) For subsection (1) (appointment and powers of deputy district judges) substitute-- " (1) If it appears to the Lord Chancellor that it is expedient to do so in order to facilitate the disposal of business in the county courts, he may appoint a person to be a deputy district judge. (1ZA) A person is qualified for appointment under subsection (1) only if the person-- (a) is qualified for appointment as a district judge, or (b) holds, or has held, the office of district judge. (1ZB) The Lord Chancellor may not appoint a person under subsection (1) without the concurrence of the Lord Chief Justice if the person-- (a) holds the office of district judge, or (b) ceased to hold the office of district judge within two years ending with the date when the appointment takes effect. (1ZC) Section 85 of the Constitutional Reform Act 2005 (c. 4) (selection of certain office holders) does not apply to an appointment to which subsection (1ZB) applies. " (3) In subsection (1A)(a) (duration of appointment as deputy district judge of person who previously held office as district judge), for "if he has previously held office as a district judge," substitute "if subsection (1ZB) applies to the appointment,". (4) After subsection (1A) insert-- " (1B) The Lord Chief Justice, after consulting the Lord Chancellor-- (a) may assign a deputy district judge appointed under this section to one or more districts; (b) may change an assignment so as to assign the deputy district judge to a different district or districts (or to no district). (1C) A deputy district judge appointed under this section and assigned to a district has, while acting under his assignment, the same powers as if he were a district judge assigned to the district. (1D) Every deputy district judge appointed under this section is, by virtue of his office, capable of acting as a district judge in any district to which he is not assigned, but may act in a district to which he is not assigned only in accordance with arrangements made by or on behalf of the Lord Chief Justice. " (5) After subsection (3) insert-- " (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1ZB) or (1B). " 8 In section 9 (qualifications for appointment as a district judge, or as a deputy district judge for a county court district)-- (a) omit ", or deputy district judge", and (b) in the heading, after "Qualifications" insert "for appointment as district judge". 9 In section 147(1) (interpretation of Act), in the definition of "officer" (which provides that "officer", in relation to a county court, includes a district judge or deputy district judge of that court), for the words after "means" and before "and any clerk" substitute "any district judge or deputy district judge assigned to that court". 10 (1) This paragraph applies to a person holding office as a deputy district judge under section 8 of the County Courts Act 1984 (c. 28) by virtue of an appointment made before the commencement of paragraph 7 ("the commencement date"). (2) If the person had held the office of district judge before his appointment, the person is to be treated after the commencement date as if section 8(1ZB) of that Act had applied to his appointment (and had been complied with). (3) If sub-paragraph (2) does not apply, the person is to be treated after the commencement date as appointed under section 8(1) of that Act. (4) The person is to be treated after the commencement date as assigned under section 8(1B) of that Act to the county court district for which he was appointed. Judicial Pensions and Retirement Act 1993 (c. 8)11 The Judicial Pensions and Retirement Act 1993 is amended as follows. 12 In section 26(7) (certain offices for which retirement date is age 75), for paragraph (g) (certain deputy district judges) substitute-- " (g) hold office as a deputy district judge if either section 102(1B) of that Act (former district judge appointed as deputy in the High Court) or section 8(1ZB) of the County Courts Act 1984 (former district judge appointed as deputy in the county courts) applied to the appointment; " . 13 (1) Schedule 5 ("the relevant offices" for the purposes of the retirement provisions) is amended as follows. (2) In the entry for a deputy district judge appointed under section 102 of the Supreme Court Act 1981, for the words after "except in a case where" substitute "subsection (1B) of that section applied to the appointment of the person in question". (3) In the entry for a deputy district judge appointed under section 8 of the County Courts Act 1984, for the words after "except in a case where" substitute "subsection (1ZB) of that section applied to the appointment of the person in question". Courts Act 2003 (c. 39)14 In section 64(2) of the Courts Act 2003 (power to alter listed judicial titles), in the entry for a deputy district judge for a county court district, for "for a county court district" substitute "appointed under section 8 of the County Courts Act 1984". Constitutional Reform Act 2005 (c. 4)15 In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (certain offices to which appointments are made by the Lord Chancellor)-- (a) in the entry for a deputy district judge in a district registry of the High Court, omit "in a district registry of the High Court", and (b) in the entry for a deputy district judge for a county court district, omit "for a county court district". Section 62(1) SCHEDULE 12 Taking control of goodsPart 1 IntroductoryThe procedure1 (1) Using the procedure in this Schedule to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule and regulations under it. (2) In this Schedule a power to use the procedure to recover a particular sum is called an "enforcement power". (3) The following apply in relation to an enforcement power. (4) "Debt" means the sum recoverable. (5) "Debtor" means the person liable to pay the debt or, if two or more persons are jointly or jointly and severally liable, any one or more of them. (6) "Creditor" means the person for whom the debt is recoverable. Enforcement agents2 (1) In this Schedule "enforcement agent" means an individual authorised by section 63(2) to act as an enforcement agent. (2) Only an enforcement agent may take control of goods and sell them under an enforcement power. (3) An enforcement agent, if he is not the person on whom an enforcement power is conferred, may act under the power only if authorised by that person. (4) In relation to goods taken control of by an enforcement agent under an enforcement power, references to the enforcement agent are references to any person for the time being acting as an enforcement agent under the power. General interpretation3 (1) In this Schedule--
(2) In this Schedule-- (a) references to goods of the debtor or another person are references to goods in which the debtor or that person has an interest, but (b) references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession. Part 2 The procedureBinding property in the debtor's goods4 (1) For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph. (2) Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it. (3) Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section. (4) Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given. Effect of property in goods being bound5 (1) An assignment or transfer of any interest of the debtor's in goods while the property in them is bound for the purposes of an enforcement power-- (a) is subject to that power, and (b) does not affect the operation of this Schedule in relation to the goods, except as provided by paragraph 61 (application to assignee or transferee). (2) Sub-paragraph (1) does not prejudice the title to any of the debtor's goods that a person acquires-- (a) in good faith, (b) for valuable consideration, and (c) without notice. (3) For the purposes of sub-paragraph (2)(a), a thing is to be treated as done in good faith if it is in fact done honestly (whether it is done negligently or not). (4) In sub-paragraph (2)(c) "notice" means-- (a) where the property in the goods is bound by a writ or warrant, notice that the writ or warrant, or any other writ or warrant by virtue of which the goods of the debtor might be seized or otherwise taken control of, had been received by the person who was under a duty to endorse it and that goods remained bound under it; (b) where the property in the goods is bound by notice under paragraph 7(1), notice that that notice had been given and that goods remained bound under it. (5) In sub-paragraph (4)(a) "endorse" in relation to a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, means endorse under that section. Time when property ceases to be bound6 (1) For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph. (2) The property in any goods ceases to be bound-- (a) when the goods are sold; (b) in the case of money used to pay any of the amount outstanding, when it is used. (3) The property in all goods ceases to be bound when any of these happens-- (a) the amount outstanding is paid, out of the proceeds of sale or otherwise; (b) the instrument under which the power is exercisable ceases to have effect; (c) the power ceases to be exercisable for any other reason. Notice of enforcement7 (1) An enforcement agent may not take control of goods unless the debtor has been given notice. (2) Regulations must state-- (a) the minimum period of notice; (b) the form of the notice; (c) what it must contain; (d) how it must be given; (e) who must give it. (3) The enforcement agent must keep a record of the time when the notice is given. (4) If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period. (5) The order may be subject to conditions. Time limit for taking control8 (1) An enforcement agent may not take control of goods after the prescribed period. (2) The period may be prescribed by reference to the date of notice of enforcement or of any writ or warrant conferring the enforcement power or any other date. (3) Regulations may provide for the period to be extended or further extended by the court in accordance with the regulations. Goods which may be taken9 An enforcement agent may take control of goods only if they are-- (a) on premises that he has power to enter under this Schedule, or (b) on a highway. 10 An enforcement agent may take control of goods only if they are goods of the debtor. 11 (1) Subject to paragraphs 9 and 10 and to any other enactment under which goods are protected, an enforcement agent-- (a) may take control of goods anywhere in England and Wales; (b) may take control of any goods that are not exempt. (2) Regulations may authorise him to take control of exempt goods in prescribed circumstances, if he provides the debtor with replacements in accordance with the regulations. Value of goods taken12 (1) Unless sub-paragraph (2) applies, an enforcement agent may not take control of goods whose aggregate value is more than-- (a) the amount outstanding, and (b) an amount in respect of future costs, calculated in accordance with regulations. (2) An enforcement agent may take control of goods of higher value on premises or on a highway, only to the extent necessary, if there are not enough goods of a lower value within a reasonable distance-- (a) on a highway, or (b) on premises that he has power to enter under this Schedule, either under paragraph 14 or under an existing warrant. (3) For the purposes of this paragraph goods are above a given value only if it is or ought to be clear to the enforcement agent that they are. (4) Sub-paragraph (1) does not affect the power to keep control of goods if they rise in value once they have been taken. Ways of taking control13 (1) To take control of goods an enforcement agent must do one of the following-- (a) secure the goods on the premises on which he finds them; (b) if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance; (c) remove them and secure them elsewhere; (d) enter into a controlled goods agreement with the debtor. (2) Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care. (3) Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision-- (a) determining the time when control is taken; (b) prohibiting use of any of those ways for goods by description or circumstances or both. (4) A controlled goods agreement is an agreement under which the debtor-- (a) is permitted to retain custody of the goods, (b) acknowledges that the enforcement agent is taking control of them, and (c) agrees not to remove or dispose of them, nor to permit anyone else to, before the debt is paid. Entry without warrant14 (1) An enforcement agent may enter relevant premises to search for and take control of goods. (2) Where there are different relevant premises this paragraph authorises entry to each of them. (3) This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations. (4) If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises. (5) If he is acting under section 121A of the Social Security Administration Act 1992 (c. 5), premises are relevant if they are the place, or one of the places, where the debtor carries on a trade or business. (6) Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor-- (a) usually lives, or (b) carries on a trade or business. Entry under warrant15 (1) If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods. (2) Before issuing the warrant the court must be satisfied that all these conditions are met-- (a) an enforcement power has become exercisable; (b) there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued; (c) it is reasonable in all the circumstances to issue the warrant. (3) The warrant authorises repeated entry to the same premises, subject to any restriction in regulations. Re-entry16 (1) This paragraph applies where goods on any premises have been taken control of and have not been removed by the enforcement agent. (2) The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 -- Back --
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