Tribunals, Courts and Enforcement Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section 67 — Transfer of county court enforcement
Transfer of county court enforcement 67 In section 85(2) of the County Courts Act 1984 (c. 28) (under which writs of control give the district judge, formerly called the registrar, power to execute…
Section 68 — Magistrates' courts warrants of control
Magistrates' courts warrants of control 68 In the Magistrates' Courts Act 1980 (c. 43) after section 125 insert— Warrants of control 125ZA 1 This section applies to a warrant of control issued by a…
Section 69 — County court warrants of control etc.
County court warrants of control etc. 69 For section 99 of the County Courts Act 1984 substitute— Endorsement of warrants of control etc. 99 1 This section applies to— a a warrant of control issued…
Section 70 — Power of High Court to stay execution
Power of High Court to stay execution 70 1 If, at any time, the High Court is satisfied that a party to proceedings is unable to pay— a a sum recovered against him (by way of satisfaction of the…
Section 71 — Abolition of common law right
Abolition of common law right 71 The common law right to distrain for arrears of rent is abolished.
Section 72 — Commercial rent arrears recovery (CRAR)
Commercial rent arrears recovery (CRAR) 72 1 A landlord under a lease of commercial premises may use the procedure in Schedule 12 (taking control of goods) to recover from the tenant rent payable…
Section 73 — Landlord
Landlord 73 1 In this Chapter “ landlord ”, in relation to a lease, means the person for the time being entitled to the immediate reversion in the property comprised in the lease. 2 That is subject…
Section 74 — Lease
Lease 74 1 “ Lease ” means a tenancy in law or in equity, including a tenancy at will, but not including a tenancy at sufferance. 2 A lease must be evidenced in writing. 3 References to a lease are…
Section 75 — Commercial premises
Commercial premises 75 1 A lease (A) is of commercial premises if none of the demised premises is— a let under lease A as a dwelling, b let under an inferior lease (B) as a dwelling, or c occupied as…
Section 75A — Sections 75B to 75G apply where request made for selection
Sections 75B to 75G apply where request made for selection 75A 1 Sections 75B to 75G apply where the Lord Chancellor makes a request to the Commission under paragraph 2(5) of Schedule 1 to the…
Section 75B — Selection process
Selection process 75B 1 On receiving a request the Commission must appoint a selection panel. 2 The panel must — a determine the selection process to be applied, b apply the selection process, and c…
Section 75C — Selection panel
Selection panel 75C 1 The selection panel must consist of four members. 2 The first member is the Lord Chief Justice, or his nominee. 3 The second member is a person designated by the Lord Chief…
Section 75D — Report
Report 75D 1 After complying with section 75B(2) the selection panel must submit a report to the Lord Chancellor. 2 The report must— a state who has been selected; b contain any other information…
Section 75E — The Lord Chancellor's options
The Lord Chancellor's options 75E 1 This section refers to the following stages— Stage 1: where a person has been selected under section 75B Stage 2: where a person has been selected following a…
Section 75F — Exercise of powers to reject or require reconsideration
Exercise of powers to reject or require reconsideration 75F 1 The power of the Lord Chancellor under section 75E to reject a selection at stage 1 or 2 is exercisable only on the grounds that, in the…
Section 75G — Selection following rejection or requirement to reconsider
Selection following rejection or requirement to reconsider 75G 1 If under section 75F the Lord Chancellor rejects or requires reconsideration of a selection at stage 1 or 2, the selection panel must…
Section 76 — Rent
Rent 76 1 “ Rent ” means the amount payable under a lease (in advance or in arrear) for possession and use of the demised premises, together with— a any interest payable on that amount under the…
Section 77 — The rent recoverable
The rent recoverable 77 1 CRAR is not exercisable except to recover rent that meets each of these conditions— a it has become due and payable before notice of enforcement is given; b it is certain,…
Section 78 — Intervention of the court
Intervention of the court 78 1 If notice of enforcement is given in exercise (or purported exercise) of CRAR the court may make either or both of these orders on the application of the tenant— a an…
Section 79 — Use of CRAR after end of lease
Use of CRAR after end of lease 79 1 When the lease ends, CRAR ceases to be exercisable, with these exceptions. 2 CRAR continues to be exercisable in relation to goods taken control of under it— a…
Section 80 — Agricultural holdings
Agricultural holdings 80 1 This section applies to the exercise of CRAR where the premises concerned are an agricultural holding. 2 CRAR is not exercisable to recover rent that became due more than a…
Section 81 — Right to rent from sub-tenant
Right to rent from sub-tenant 81 1 This section applies where CRAR is exercisable by a landlord to recover rent due and payable from a tenant (the immediate tenant). 2 The landlord may serve a notice…
Section 82 — Off-setting payments under a notice
Off-setting payments under a notice 82 1 For any amount that a sub-tenant pays under a notice under section 81, he may deduct an equal amount from the rent that would be due to his immediate landlord…
Section 83 — Withdrawal and replacement of notices
Withdrawal and replacement of notices 83 1 A notice under section 81 is replaced if the landlord serves another notice on the same sub-tenant for a notified amount covering the same rent or part of…
Section 84 — Recovery of sums due and overpayments
Recovery of sums due and overpayments 84 1 For the purposes of the recovery of sums payable by a sub-tenant under a notice under section 81 (including recovery by CRAR), the sub-tenant is to be…
Section 85 — Contracts for similar rights to be void
Contracts for similar rights to be void 85 1 A provision of a contract is void to the extent that it would do any of these— a confer a right to seize or otherwise take control of goods to recover…
Section 86 — Amendments
Amendments 86 Schedule 14 makes minor and consequential amendments (including repeals of powers to distrain for rentcharges and other amounts within section 85(2)).
Section 87 — Interpretation of Chapter
Interpretation of Chapter 87 In this Chapter— “ landlord ” has the meaning given by section 73; “ lease ” has the meaning given by section 74 (subject to section 85(4)); “ notice of enforcement ”…
Section 88 — Abolition of Crown preference
Abolition of Crown preference 88 Crown preference for the purposes of execution against goods is abolished.
Section 89 — Application to the Crown
Application to the Crown 89 1 This Part binds the Crown. 2 But the procedure in Schedule 12 may not be used— a to recover debts due from the Crown, b to take control of or sell goods of the Crown…
Section 90 — Regulations
Regulations 90 1 In this Part— “ prescribed ” means prescribed by regulations; “ regulations ” means regulations made by the Lord Chancellor. 2 The following apply to regulations under this Part. 3…
Section 91 — Attachment of earnings orders: deductions at fixed rates
Attachment of earnings orders: deductions at fixed rates 91 1 Schedule 15 makes amendments to the Attachment of Earnings Act 1971 (c. 32). 2 Those amendments are about the basis on which periodical…
Section 92 — Attachment of earnings orders: finding the debtor's current employer
Attachment of earnings orders: finding the debtor's current employer 92 1 After section 15 of the Attachment of Earnings Act 1971 insert— Finding the debtor's current employer 15A 1 If an attachment…
Section 93 — Payment by instalments: making and enforcing charging orders
Payment by instalments: making and enforcing charging orders 93 1 Subsections (2), (3) and (4) make amendments to the Charging Orders Act 1979 (c. 53). 2 In section 1 (charging orders), after…
Section 94 — Charging orders: power to set financial thresholds
Charging orders: power to set financial thresholds 94 In the Charging Orders Act 1979 (c. 53), after section 3 there is inserted— Power to set financial thresholds 3A 1 The Lord Chancellor may by…
Section 95 — Application for information about action to recover judgment debt
Application for information about action to recover judgment debt 95 1 A person who is the creditor in relation to a judgment debt may apply to the High Court , the family court or the county court…
Section 96 — Action by the court
Action by the court 96 1 This section applies if the creditor in relation to a judgment debt makes an application for information under section 95. 2 The relevant court may make one or more of the…
Section 97 — Departmental information requests
Departmental information requests 97 1 A departmental information request is a request for the disclosure of information held by, or on behalf of, a government department. 2 The request is to be made…
Section 98 — Information orders
Information orders 98 1 An information order is an order of the relevant court which— a specifies a prescribed person (“the information discloser”), b specifies prescribed information relating to the…
Section 99 — Endorsement of warrants of control etc.
Endorsement of warrants of control etc. 99 1 This section applies to— a a warrant of control issued under section 85(2); b a warrant of delivery or of possession, but only if it includes a power to…
Section 100 — Information order: required information not held etc.
Information order: required information not held etc. 100 1 An information discloser is not to be regarded as having breached an information order because of a failure to disclose some or all of the…
Section 101 — Using the information about the debtor
Using the information about the debtor 101 1 This section applies if— a the creditor in relation to a judgment debt makes an application for information under section 95, and b information (“debtor…
Section 102 — Offence of unauthorised use or disclosure
Offence of unauthorised use or disclosure 102 1 This section applies if— a an application is made under section 95 in relation to recovery of a judgment debt (“the relevant judgment debt”), b a…
Section 103 — Regulations
Regulations 103 1 It is for the Lord Chancellor to make information regulations. 2 But the Lord Chancellor may make the following regulations only with the agreement of the Commissioners— a…
Section 104 — Interpretation
Interpretation 104 1 This section applies for the purposes of sections 95 to 103. 2 In those provisions— “ Commissioners ” means the Commissioners for Her Majesty's Revenue and Customs; “ creditor ”,…
Section 105 — Application and transitional provision
Application and transitional provision 105 1 Sections 95 to 104 apply in relation to any judgment debt, whether it became payable, or recoverable, before or after the commencement of those sections.…
Section 106 — Administration orders
Administration orders 106 1 For Part 6 of the County Courts Act 1984 (c. 28) (administration orders) substitute— Part 6 Administration Orders Administration orders Administration orders 112A An…
Section 107 — Enforcement restriction orders
Enforcement restriction orders 107 1 After Part 6 of the County Courts Act 1984 (c. 28) (administration orders) insert— Part 6A Enforcement Restriction Orders Enforcement restriction orders…
Section 108 — Debt relief orders and debt relief restrictions orders etc.
Debt relief orders and debt relief restrictions orders etc. 108 1 In the Second Group of Parts of the Insolvency Act 1986 (c. 45) (insolvency of individuals), before Part 8 there is inserted, as Part…
Section 109 — Debt management schemes
Debt management schemes 109 1 A debt management scheme is a scheme that meets the conditions in this section. 2 The scheme must be open to some or all non-business debtors. 3 A scheme is open to a…