VadeLab

Tribunals, Courts and Enforcement Act 2007

Sections and provisions with full text and the judgments that cite each one.

Section 28 — Assessors

Assessors 28 1 If it appears to the First-tier Tribunal or the Upper Tribunal that a matter before it requires special expertise not otherwise available to it, it may direct that in dealing with that…

Section 29 — Costs or expenses

Costs or expenses 29 1 The costs of and incidental to— a all proceedings in the First-tier Tribunal, and b all proceedings in the Upper Tribunal, shall be in the discretion of the Tribunal in which…

Section 29A — Meaning of “authorised person” and “judicial office holder”

Meaning of “authorised person” and “judicial office holder” 29A In this Chapter— “ authorised person ” means a person authorised under paragraph 3 of Schedule 5 to exercise functions of the…

Section 29ZA — Enabling the public to see and hear proceedings

Enabling the public to see and hear proceedings 29ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29B — Directions and independence: authorised persons

Directions and independence: authorised persons 29B 1 The Senior President of Tribunals may give directions to an authorised person. 2 Apart from such directions, an authorised person exercising a…

Section 29ZB — Offences of recording or transmission in relation to broadcasting

Offences of recording or transmission in relation to broadcasting 29ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29C — Protection of authorised persons

Protection of authorised persons 29C 1 No action lies against an authorised person in respect of what the person does or omits to do— a in the execution of the person's duty as an authorised person…

Section 29ZC — Offences of recording or transmitting participation through live link

Offences of recording or transmitting participation through live link 29ZC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29D — Costs or expenses in legal proceedings: authorised persons

Costs or expenses in legal proceedings: authorised persons 29D 1 A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the…

Section 29ZD — Interpretation

Interpretation 29ZD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29E — Indemnification of authorised persons

Indemnification of authorised persons 29E 1 “ Indemnifiable amounts ”, in relation to an authorised person, means— a costs which the person reasonably incurs in or in connection with proceedings in…

Section 30 — Transfer of functions of certain tribunals

Transfer of functions of certain tribunals 30 1 The Lord Chancellor may by order provide for a function of a scheduled tribunal to be transferred— a to the First-tier Tribunal, b to the Upper…

Section 31 — Transfers under section 30: supplementary powers

Transfers under section 30: supplementary powers 31 1 The Lord Chancellor may by order make provision for abolishing the tribunal by whom a function transferred under section 30(1) is exercisable…

Section 31A — Transfer of judicial review applications to Upper Tribunal

Transfer of judicial review applications to Upper Tribunal 31A 1 This section applies where an application is made to the High Court— a for judicial review, or b for permission to apply for judicial…

Section 32 — Power to provide for appeal to Upper Tribunal from tribunals in Wales

Power to provide for appeal to Upper Tribunal from tribunals in Wales 32 1 Subsection (2) applies if— a a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England but is…

Section 33 — Power to provide for appeal to Upper Tribunal from tribunals in Scotland

Power to provide for appeal to Upper Tribunal from tribunals in Scotland 33 1 Subsection (2) applies if— a a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England…

Section 34 — Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland

Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland 34 1 Subsection (2) applies if— a a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to…

Section 35 — Transfer of Ministerial responsibilities for certain tribunals

Transfer of Ministerial responsibilities for certain tribunals 35 1 The Lord Chancellor may by order— a transfer any relevant function, so far as that function is exercisable by a Minister of the…

Section 36 — Transfer of powers to make procedural rules for certain tribunals

Transfer of powers to make procedural rules for certain tribunals 36 1 The Lord Chancellor may by order transfer any power to make procedural rules for a scheduled tribunal to— a himself, or b the…

Section 37 — Power to amend lists of tribunals in Schedule 6

Power to amend lists of tribunals in Schedule 6 37 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…

Section 38 — Orders under sections 30 to 36: supplementary

Orders under sections 30 to 36: supplementary 38 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 “…

Section 39 — The general duty

The general duty 39 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…

Section 40 — Tribunal staff and services

Tribunal staff and services 40 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…

Section 41 — Provision of accommodation

Provision of accommodation 41 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…

Section 42 — Fees

Fees 42 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, c . . . . . . . . . . .…

Section 43 — Report by Senior President of Tribunals

Report by Senior President of Tribunals 43 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…

Section 44 — The Administrative Justice and Tribunals Council

The Administrative Justice and Tribunals Council 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 45 — Abolition of the Council on Tribunals

Abolition of the Council on Tribunals 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 46 — Delegation of functions by Lord Chief Justice etc.

Delegation of functions by Lord Chief Justice etc. 46 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…

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

Co-operation in relation to judicial training, guidance and welfare 47 1 Persons with responsibilities in connection with a courts-related activity, and persons with responsibilities in connection…

Section 48 — Consequential and other amendments, and transitional provisions

Consequential and other amendments, and transitional provisions 48 1 Schedule 8, which makes— amendments consequential on provisions of this Part, and other amendments in connection with tribunals…

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

Orders and regulations under Part 1: supplemental and procedural provisions 49 1 Power— a of the Lord Chancellor to make an order, or regulations, under this Part, b of the Senior President of…

Section 50 — Judicial appointments: “judicial-appointment eligibility condition”

Judicial appointments: “judicial-appointment eligibility condition” 50 1 Subsection (2) applies for the purposes of any statutory provision that— a relates to an office or other position, and b…

Section 51 — “Relevant qualification” in section 50: further provision

“Relevant qualification” in section 50: further provision 51 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 52 — Meaning of “gain experience in law” in section 50

Meaning of “gain experience in law” in section 50 52 1 This section applies for the purposes of section 50. 2 A person gains experience in law during a period if the period is one during which the…

Section 53 — Transfer from salaried to fee-paid judicial office

Transfer from salaried to fee-paid judicial office 53 1 The Constitutional Reform Act 2005 (c. 4) is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 After…

Section 54 — Continuation of judicial office after normal retirement date

Continuation of judicial office after normal retirement date 54 1 Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement date for holders of certain judicial offices etc.) is…

Section 55 — Appointment of deputy Circuit judges

Appointment of deputy Circuit judges 55 In section 24(1) of the Courts Act 1971 (c. 23) (appointment of deputy Circuit judges and assistant recorders) for paragraph (a) substitute— a the Lord…

Section 56 — Appointment of deputy district judges, etc.

Appointment of deputy district judges, etc. 56 Schedule 11 (which makes amendments to the Supreme Court Act 1981 (c. 54) and the County Courts Act 1984 (c. 28) in connection with the appointment and…

Section 57 — Deputy, and temporary additional, Masters etc.

Deputy, and temporary additional, Masters etc. 57 1 Section 91 of the Supreme Court Act 1981 (which provides for persons to be appointed as deputies for holders of, or as temporary additional…

Section 58 — Appointment of temporary assistants to Judge Advocate General

Appointment of temporary assistants to Judge Advocate General 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 59 — Members and chairmen of certain Appeals Commissions

Members and chairmen of certain Appeals Commissions 59 In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the…

Section 60 — Appointment as Chairman of Law Commission

Appointment as Chairman of Law Commission 60 1 Section 1 of the Law Commissions Act 1965 (c. 22) is amended as follows. 2 After subsection (1) insert— 1A The person appointed to be the Chairman shall…

Section 61 — Orders permitting disclosures to Judicial Appointments Commission

Orders permitting disclosures to Judicial Appointments Commission 61 In section 90(5)(a) of the Justice (Northern Ireland) Act 2002 (c. 26) (which provides that certain orders under that Act are…

Section 62 — Enforcement by taking control of goods

Enforcement by taking control of goods 62 1 Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to…

Section 62A — Recovery by taking control of goods

Recovery by taking control of goods 62A Where a liability order has been made against a person under regulations under Schedule 9, the billing authority may use the procedure in Schedule 12 to the…

Section 63 — Enforcement agents

Enforcement agents 63 1 This section and section 64 apply for the purposes of Schedule 12. 2 An individual may act as an enforcement agent only if one of these applies— a he acts under a certificate…

Section 64 — Certificates to act as an enforcement agent

Certificates to act as an enforcement agent 64 1 A certificate may be issued under this section by a judge of the county court. 2 The Lord Chancellor must make regulations about certificates under…

Section 65 — Common law rules replaced

Common law rules replaced 65 1 This Chapter replaces the common law rules about the exercise of the powers which under it become powers to use the procedure in Schedule 12. 2 The rules replaced…

Section 66 — Pre-commencement enforcement not affected

Pre-commencement enforcement not affected 66 Where— a by any provision of this Part a power becomes a power to use the procedure in Schedule 12, and b before the commencement of that provision, goods…