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

(The document as of February, 2008)

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(a) under section 41 of the Consumer Credit Act 1974 (c. 39) (appeals), or

(b) under section 7 of the Estate Agents Act 1979 (c. 38) (appeals).

(6) Any reference in subsection (1) to a Minister of the Crown includes a reference to a Minister of the Crown acting jointly.

(7) An order under subsection (1)--

(a) may relate to a function either wholly or in cases (including cases framed by reference to areas) specified in the order;

(b) may include provision for the purposes of, or in consequence of, or for giving full effect to, the transfer or (as the case may be) other change as regards exercise;

(c) may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit;

(d) may include provision for the transfer of any property, rights or liabilities of the person who loses functions or whose functions become shared with the Lord Chancellor.

(8) An order under subsection (1), so far as it--

(a) provides under paragraph (a) for the transfer of a function, or

(b) provides under paragraph (b) for a function to become exercisable by the Lord Chancellor, or

(c) provides under paragraph (c) for a function to cease to be exercisable by a Minister of the Crown other than the Lord Chancellor,

may not, after that transfer or other change has taken place, be revoked by another order under that subsection.

(9) Section 1 of the 1975 Act (power to transfer Ministerial functions) does not apply to a function of the Lord Chancellor--

(a) so far as it is a function transferred to the Lord Chancellor under subsection (1)(a),

(b) so far as it is a function exercisable by the Lord Chancellor as a result of provision under subsection (1)(b), or

(c) so far as it is a function that has become exercisable by the Lord Chancellor alone as a result of provision under subsection (1)(c).

(10) In this section--

"Minister of the Crown" has the meaning given by section 8(1) of the 1975 Act but includes the Commissioners for Her Majesty's Revenue and Customs;
"the 1975 Act" means the Ministers of the Crown Act 1975 (c. 26).

36 Transfer of powers to make procedural rules for certain tribunals

(1) The Lord Chancellor may by order transfer any power to make procedural rules for a scheduled tribunal to--

(a) himself, or

(b) the Tribunal Procedure Committee.

(2) A power may not be transferred under subsection (1) if, or to the extent that, the provision conferring the power--

(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or

(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(3) Subsection (2) does not apply to--

(a) power conferred by section 40A(3) or 41(2) of the Consumer Credit Act 1974 (c. 39) (power to make provision with respect to appeals), or

(b) power conferred by section 7(3) of the Estate Agents Act 1979 (c. 38) (duty of Secretary of State to make regulations with respect to appeals under section 7(1) of that Act).

(4) An order under subsection (1)(b)--

(a) may not alter any parliamentary procedure relating to the making of the procedural rules concerned, but

(b) may otherwise include provision for the purpose of assimilating the procedure for making them to the procedure for making Tribunal Procedure Rules.

(5) An order under subsection (1)(b) may include provision requiring the Tribunal Procedure Committee to make procedural rules for purposes notified to it by the Lord Chancellor.

(6) An order under this section--

(a) may relate to a power either wholly or in cases (including cases framed by reference to areas) specified in the order;

(b) may include provision for the purposes of or in consequence of, or for giving full effect to, the transfer;

(c) may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit.

(7) A power to make procedural rules for a tribunal that is exercisable by the Tribunal Procedure Committee by virtue of an order under this section must be exercised by the committee with a view to securing--

(a) that the system for deciding matters within the jurisdiction of that tribunal is accessible and fair,

(b) that proceedings before that tribunal are handled quickly and efficiently,

(d) that the rules where appropriate confer on persons who are, or who are members of, that tribunal responsibility for ensuring that proceedings before that tribunal are handled quickly and efficiently.

(8) In this section--

"procedural rules", in relation to a tribunal, means provision (whether called rules or not) regulating practice or procedure before the tribunal;
"scheduled tribunal" means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.

37 Power to amend lists of tribunals in Schedule 6

(1) The Lord Chancellor may by order amend Schedule 6--

(a) for the purpose of adding a tribunal to a list in the Schedule;

(b) for the purpose of removing a tribunal from a list in the Schedule;

(d) for the purpose of adding to the Schedule a list of tribunals that has effect for the purposes of any one or more of sections 30, 32(3), 35 and 36.

(2) The following rules apply to the exercise of power under subsection (1)--

(a) a tribunal may not be added to a list, or be in an added list, if the tribunal is established otherwise than by or under an enactment;

(b) a tribunal established by an enactment passed or made after the last day of the Session in which this Act is passed must not be added to a list, or be in an added list, that has effect for the purposes of section 30;

(c) if any relevant function is exercisable in relation to a tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person), the tribunal may be added to a list, or be in an added list, only with the consent of the Welsh Ministers;

(d) a tribunal may be in more than one list.

(3) In subsection (2)(c) "relevant function", in relation to a tribunal, means a function which relates--

(a) to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or

(b) to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.

(4) In subsection (1) "tribunal" does not include an ordinary court of law.

(5) In this section "enactment" means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

38 Orders under sections 30 to 36: supplementary

(1) Provision in an order under any of sections 30 to 36 may take the form of amendments, repeals or revocations of enactments.

(2) In this section "enactment" means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

(3) Any power to extend enactments to a territory outside the United Kingdom shall have effect as if it included--

(a) power to extend those enactments as they have effect with any amendments and repeals made in them by orders under any of sections 30 to 36, and

(b) power to extend those enactments as if any amendments and repeals made in them under those sections had not been made.

Chapter 4 Administrative matters in respect of certain tribunals

39 The general duty

(1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of--

(a) the First-tier Tribunal,

(b) the Upper Tribunal,

(d) the Employment Appeal Tribunal, and

(e) the Asylum and Immigration Tribunal,

and that appropriate services are provided for those tribunals (referred to in this section and in sections 40 and 41 as "the tribunals").

(2) Any reference in this section, or in section 40 or 41, to the Lord Chancellor's general duty in relation to the tribunals is to his duty under subsection (1).

(3) The Lord Chancellor must annually prepare and lay before each House of Parliament a report as to the way in which he has discharged his general duty in relation to the tribunals.

40 Tribunal staff and services

(1) The Lord Chancellor may appoint such staff as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(2) Subject to subsections (3) and (4), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(3) The Lord Chancellor may not enter into contracts for the provision of staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.

(4) The Lord Chancellor may not enter into contracts for the provision of staff to carry out the administrative work of the tribunals unless an order made by the Lord Chancellor authorises him to do so.

(5) Before making an order under subsection (4) the Lord Chancellor must consult the Senior President of Tribunals as to what effect (if any) the order might have on the proper and efficient administration of justice.

(6) An order under subsection (4) may authorise the Lord Chancellor to enter into contracts for the provision of staff to discharge functions--

(a) wholly or to the extent specified in the order,

(b) generally or in cases or areas specified in the order, and

41 Provision of accommodation

(1) The Lord Chancellor may provide, equip, maintain and manage such tribunal buildings, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(2) The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of tribunal buildings, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.

(3) The powers under--

(a) section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and

(b) section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),

to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).

(4) In this section "tribunal building" means any place where any of the tribunals sits, including the precincts of any building in which it sits.

42 Fees

(1) The Lord Chancellor may by order prescribe fees payable in respect of--

(a) anything dealt with by the First-tier Tribunal,

(b) anything dealt with by the Upper Tribunal,

(d) anything dealt with by an added tribunal, and

(e) mediation conducted by staff appointed under section 40(1).

(2) An order under subsection (1) may, in particular, contain provision as to--

(a) scales or rates of fees;

(b) exemptions from or reductions in fees;

(3) In subsection (1)(d) "added tribunal" means a tribunal specified in an order made by the Lord Chancellor.

(4) A tribunal may be specified in an order under subsection (3) only if--

(a) it is established by or under an enactment, whenever passed or made, and

(b) is not an ordinary court of law.

(5) Before making an order under this section, the Lord Chancellor must consult--

(a) the Senior President of Tribunals, and

(b) the Administrative Justice and Tribunals Council.

(6) The making of an order under subsection (1) requires the consent of the Treasury except where the order contains provision only for the purpose of altering amounts payable by way of fees already prescribed under that subsection.

(7) The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees under subsection (1) to the attention of persons likely to have to pay them.

(8) Fees payable under subsection (1) are recoverable summarily as a civil debt.

(9) Subsection (8) does not apply to the recovery in Scotland of fees payable under this section.

(10) Until the Administrative Justice and Tribunals Council first has ten members appointed under paragraph 1(2) of Schedule 7, the reference to that council in subsection (5) is to be read as a reference to the Council on Tribunals.

43 Report by Senior President of Tribunals

(1) Each year the Senior President of Tribunals must give the Lord Chancellor a report covering, in relation to relevant tribunal cases--

(a) matters that the Senior President of Tribunals wishes to bring to the attention of the Lord Chancellor, and

(b) matters that the Lord Chancellor has asked the Senior President of Tribunals to cover in the report.

(2) The Lord Chancellor must publish each report given to him under subsection (1).

(3) In this section "relevant tribunal cases" means--

(a) cases coming before the First-tier Tribunal,

(b) cases coming before the Upper Tribunal,

(d) cases coming before employment tribunals.

Chapter 5 Oversight of administrative justice system, tribunals and inquiries

44 The Administrative Justice and Tribunals Council

(1) There is to be a council to be known as the Administrative Justice and Tribunals Council.

(2) In Schedule 7--

Part 1 makes provision about membership and committees of the Council,
Part 2 makes provision about functions of the Council,
Part 3 requires the Council to be consulted before procedural rules for certain tribunals are made, confirmed etc., and
Part 4 contains interpretative provisions.

45 Abolition of the Council on Tribunals

(1) The following are abolished--

(a) the Council on Tribunals, and

(b) the Scottish Committee of the Council on Tribunals.

(2) In consequence of subsection (1), sections 1 to 4 of the Tribunals and Inquiries Act 1992 (c. 53) cease to have effect.

(3) The Lord Chancellor may by order transfer to the Administrative Justice and Tribunals Council the property, rights and liabilities of--

(a) the Council on Tribunals;

(b) the Scottish Committee of the Council on Tribunals.

Chapter 6 Supplementary

46 Delegation of functions by Lord Chief Justice etc.

(1) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the provisions listed in subsection (2).

(2) The provisions are--

paragraphs 3(4) and 6(3)(a) of Schedule 2;
paragraphs 3(4) and 6(3)(a) of Schedule 3;
paragraphs 2(2) and 5(5) of Schedule 4;
paragraphs 21(2), 22, 24 and 25(2)(a) of Schedule 5.

(3) The Lord President of the Court of Session may nominate any of the following to exercise any of his functions under the provisions listed in subsection (4)--

(a) a judge who is a member of the First or Second Division of the Inner House of the Court of Session;

(b) the Senior President of Tribunals.

(4) The provisions are--

paragraphs 3(2) and 6(3)(b) of Schedule 2;
paragraphs 3(2) and 6(3)(b) of Schedule 3;
paragraphs 2(3) and 5(6) of Schedule 4;
paragraphs 23, 24, 25(2)(b) and (c) and 28(1)(b) of Schedule 5.

(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the provisions listed in subsection (6)--

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

(b) a Lord Justice of Appeal (as defined in section 88 of that Act);

(6) The provisions are--

paragraphs 3(3) and 6(3)(c) of Schedule 2;
paragraphs 3(3) and 6(3)(c) of Schedule 3;
paragraphs 2(4) and 5(7) of Schedule 4;
paragraphs 24 and 25(2)(c) of Schedule 5.

47 Co-operation in relation to judicial training, guidance and welfare

(1) Persons with responsibilities in connection with a courts-related activity, and persons with responsibilities in connection with the corresponding tribunals activity, must co-operate with each other in relation to the carrying-on of those activities.

(2) In this section "courts-related activity" and "corresponding tribunals activity" are to be read as follows--

(a) making arrangements for training of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for training of tribunal members;

(b) making arrangements for guidance of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for guidance of tribunal members;

(c) making arrangements for the welfare of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for the welfare of tribunal members.

(3) Subsection (1) applies to a person who has responsibilities in connection with a courts-related activity only if--

(a) the person is the chief justice of the territory concerned, or

(b) what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the chief justice of that territory.

(4) Subsection (1) applies to a person who has responsibilities in connection with a corresponding tribunals activity only if--

(a) the person is the Senior President of Tribunals, or

(b) what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the Senior President of Tribunals.

(5) For the purposes of this section--

(a) "territory" means--

(i) England and Wales,

(ii) Scotland, or

(iii) Northern Ireland;

(b) the "chief justice"--

(i) of England and Wales is the Lord Chief Justice of England and Wales,

(ii) of Scotland is the Lord President of the Court of Session, and

(iii) of Northern Ireland is the Lord Chief Justice of Northern Ireland;

(i) a judge, or other member, of the First-tier Tribunal or Upper Tribunal,

(ii) a judge, or other member, of the Employment Appeal Tribunal,

(iii) a member of a panel of members of employment tribunals (whether or not a panel of chairmen), or

(iv) any member of the Asylum and Immigration Tribunal.

48 Consequential and other amendments, and transitional provisions

(1) Schedule 8, which makes--

amendments consequential on provisions of this Part, and
other amendments in connection with tribunals and inquiries,

has effect.

(2) Schedule 9, which contains transitional provisions, has effect.

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

(1) Power--

(a) of the Lord Chancellor to make an order, or regulations, under this Part,

(b) of the Senior President of Tribunals to make an order under section 7(9), or

is exercisable by statutory instrument.

(2) The Statutory Instruments Act 1946 (c. 36) shall apply in relation to the power to make orders conferred on the Senior President of Tribunals by section 7(9) as if the Senior President of Tribunals were a Minister of the Crown.

(3) Any power mentioned in subsection (1) includes power to make different provision for different purposes.

(4) Without prejudice to the generality of subsection (3), power to make an order under section 30 or 31 includes power to make different provision in relation to England, Scotland, Wales and Northern Ireland respectively.

(5) No order mentioned in subsection (6) is to be made unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.

(6) Those orders are--

(a) an order under section 11(8), 13(6) or (14), 30, 31(1), 32, 33, 34, 35, 36, 37 or 42(3);

(b) an order under paragraph 15 of Schedule 4;

(c) an order under section 42(1)(a) to (d) that provides for fees to be payable in respect of things for which fees have never been payable;

(d) an order under section 31(2), (7) or (9), or paragraph 30(1) of Schedule 5, that contains provision taking the form of an amendment or repeal of an enactment comprised in an Act.

(7) A statutory instrument that--

(a) contains--

(i) an order mentioned in subsection (8), or

(ii) regulations under Part 3 of Schedule 9, and

(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Those orders are--

(a) an order made by the Lord Chancellor under this Part;

(b) an order made by the Senior President of Tribunals under section 7(9).

(9) A statutory instrument that contains an order made by the Scottish Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(10) A statutory instrument that contains an order made by the Welsh Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Part 2 Judicial appointments

50 Judicial appointments: "judicial-appointment eligibility condition"

(1) Subsection (2) applies for the purposes of any statutory provision that--

(a) relates to an office or other position, and

(b) refers to a person who satisfies the judicial-appointment eligibility condition on an N-year basis (where N is the number stated in the provision).

(2) A person satisfies that condition on an N-year basis if--

(a) the person has a relevant qualification, and

(b) the total length of the person's qualifying periods is at least N years.

(3) In subsection (2) "qualifying period", in relation to a person, means a period during which the person--

(a) has a relevant qualification, and

(b) gains experience in law (see section 52).

(4) For the purposes of subsections (2) and (3), a person has a relevant qualification if the person--

(a) is a solicitor or a barrister (but see section 51), or

(b) holds a qualification that under section 51(1) is a relevant qualification in relation to the office, or other position, concerned.

(5) In this section--

"barrister" means barrister in England and Wales;
"solicitor" means solicitor of the Senior Courts of England and Wales;
"statutory provision" means--
(a)
a provision of an Act, or
(b)
a provision of subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 (c. 30)).

(6) Schedule 10, which makes amendments--

for the purpose of substituting references to satisfying the judicial-appointment eligibility condition in place of references to having a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c. 41),
for the purpose of reducing qualifying periods for eligibility for appointment to certain judicial offices from ten and seven years to seven and five years respectively, and
for connected purposes,

has effect.

(7) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in subsection (5) is to be read as a reference to the Supreme Court.

51 "Relevant qualification" in section 50: further provision

(1) The Lord Chancellor may by order provide for a qualification specified in the order to be a relevant qualification for the purposes of section 50(2) and (3) in relation to an office or other position specified in the order.

(2) A qualification may be specified under subsection (1) only if it is one awarded--

(a) by the Institute of Legal Executives, or

(b) by a body other than the Institute of Legal Executives that, when the qualification is specified, is designated by Order in Council as an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990 (bodies authorised to confer rights of audience or rights to conduct litigation).

(3) An order under subsection (1) may, in relation to a qualification specified in the order, include provision as to when a person who holds the qualification is, for the purposes of section 50, to be taken first to have held it.

(4) Where--

(a) a qualification is specified under subsection (1),

(b) the qualification is one awarded by a body such as is mentioned in subsection (2)(b), and

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