Tribunals, Courts and Enforcement Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section 117H — Duration
Duration 117H 1 The county court may, at the time it makes an enforcement restriction order, specify a day on which the order will cease to have effect. 2 The court may not specify a day which falls…
Section 117I — Effect on other debt management arrangements
Effect on other debt management arrangements 117I 1 This section applies if— a an enforcement restriction order is made, and b immediately before the order is made, other debt management arrangements…
Section 117J — Duty to provide information
Duty to provide information 117J 1 This section applies if, and for as long as, an enforcement restriction order has effect in respect of a debtor. 2 The debtor must, at the prescribed times, provide…
Section 117K — Offence if information not provided
Offence if information not provided 117K 1 A person commits an offence if he fails to comply with— a section 117J(2) and (3), or b section 117J(4). 2 A person who commits an offence under subsection…
Section 117L — Existing county court proceedings to be stayed
Existing county court proceedings to be stayed 117L 1 This section applies if these conditions are met— a an enforcement restriction order is made; b proceedings in the county court (other than…
Section 117M — Charges
Charges 117M 1 This section applies during, and after, the currency of an enforcement restriction order. 2 A qualifying creditor may not make any charge in respect of a protected qualifying debt,…
Section 117N — Variation of duration
Variation of duration 117N 1 The ... county court may vary an enforcement restriction order so as to specify a day, or (if a day has already been specified under section 117H or this section) a…
Section 117O — Duty to revoke order
Duty to revoke order 117O 1 The ... county court must revoke an enforcement restriction order in either of these cases— a where it becomes apparent that, at the time the order was made, the condition…
Section 117P — Power to revoke order
Power to revoke order 117P 1 The ... county court may revoke an enforcement restriction order in any case where there is no duty under this Part to revoke it. 2 The power of revocation under this…
Section 117Q — Effect of revocation
Effect of revocation 117Q 1 This section applies if, under any duty or power in this Part, the ... county court revokes an enforcement restriction order. 2 The order ceases to have effect in…
Section 117R — Notice when order made, varied, revoked etc.
Notice when order made, varied, revoked etc. 117R 1 If a notifiable event occurs in relation to an enforcement restriction order, the ... county court must give notice of the event to every…
Section 117S — Introduction
Introduction 117S Sections 117T to 117W apply for the purposes of this Part.
Section 117T — Main definitions
Main definitions 117T 1 In this Part— “ enforcement restriction order ” has the meaning given by section 117A; “ debtor ” has the meaning given by section 117B; “ qualifying creditor ” means a…
Section 117U — Expressions relating to debts
Expressions relating to debts 117U 1 All debts are qualifying debts, except for the following— a any debt secured against an asset; b any debt of a description specified in regulations. 2 A business…
Section 117V — Inability to pay debts
Inability to pay debts 117V 1 In a case where an individual is the debtor under a debt that is repayable by a single payment, the debtor is to be regarded as unable to pay the debt only if— a the…
Section 117W — The ERO, voluntary arrangement and bankruptcy exclusions
The ERO, voluntary arrangement and bankruptcy exclusions 117W 1 The debtor is excluded under the ERO exclusion if— a an enforcement restriction order currently has effect in respect of him, or b an…
Section 117X — Power to make regulations
Power to make regulations 117X 1 It is for the Lord Chancellor to make regulations under this Part. 2 Any power to make regulations under this Part is exercisable by statutory instrument. 3 A…
Section 118 — Stopping supplies of gas or electricity
Stopping supplies of gas or electricity 118 1 This section applies in relation to a non-business debtor during a period of protection. 2 In relation to the debtor, a domestic utility creditor is any…
Section 119 — Existing county court proceedings to be stayed
Existing county court proceedings to be stayed 119 1 This section applies if these conditions are met— a a debt repayment plan is arranged for a non-business debtor in accordance with an approved…
Section 120 — Registration of plans
Registration of plans 120 1 Regulations may make provision about the registration of either or both of the following— a any request made to the operator of an approved scheme for a debt repayment…
Section 121 — Other debt management arrangements in force
Other debt management arrangements in force 121 1 This section applies if— a a debt repayment plan is arranged for a debtor in accordance with an approved scheme, and b immediately before the plan is…
Section 122 — Right of appeal
Right of appeal 122 1 This section applies if a debt repayment plan is arranged for a debtor in accordance with an approved scheme. 2 An affected creditor may appeal to the county court against any…
Section 123 — Dealing with appeals
Dealing with appeals 123 1 This section applies if an appeal is made to the county court under section 122. 2 The county court may determine the appeal in any way that it thinks fit. 3 The county…
Section 124 — Charges by operator of approved scheme
Charges by operator of approved scheme 124 1 The operator of an approved scheme may recover its costs by charging debtors or affected creditors (or both). 2 In this section— “ costs ” means the costs…
Section 125 — Procedure for termination
Procedure for termination 125 1 Regulations may specify a procedure for terminating the approval of a debt management scheme. 2 Regulations under this section may, in particular, specify a procedure…
Section 125ZA — Warrants of control
Warrants of control 125ZA 1 This section applies to a warrant of control issued by a justice of the peace. 2 The person to whom it is directed must endorse the warrant as soon as possible after…
Section 126 — Terminating an approval
Terminating an approval 126 The approval of a debt management scheme may be terminated only if the termination is in accordance with all of the following (so far as they are relevant)— a any terms to…
Section 127 — Alternatives to termination
Alternatives to termination 127 1 Regulations may make provision to allow the supervising authority to deal with a termination case other than by terminating the approval. 2 A termination case is a…
Section 128 — Effects of end of approval
Effects of end of approval 128 1 Regulations may make provision about the effects if the approval of a debt management scheme comes to an end. 2 Regulations under this section may, in particular,…
Section 129 — The supervising authority
The supervising authority 129 1 The supervising authority is— a the Lord Chancellor, or b any person that the Lord Chancellor has authorised to approve debt management schemes under section 111. 2…
Section 130 — Regulations
Regulations 130 1 It is for the Lord Chancellor to make regulations. 2 The power to make regulations is exercisable by statutory instrument. 3 A statutory instrument containing regulations is subject…
Section 131 — Main definitions
Main definitions 131 1 In this Chapter— “ affected creditor ” has the meaning given by section 122; “ approved scheme ” means a debt management scheme that is approved under section 111; “ debt…
Section 132 — Expressions relating to debts
Expressions relating to debts 132 1 All debts are qualifying debts, except the following— a any debt secured against an asset; b in relation to a debt repayment plan which has been requested or…
Section 133 — Periods of protection
Periods of protection 133 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…
Section 134 — Protected objects
Protected objects 134 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…
Section 135 — Effect of protection
Effect of protection 135 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…
Section 136 — Relevant museums and galleries
Relevant museums and galleries 136 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…
Section 137 — Interpretation
Interpretation 137 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 “…
Section 138 — Crown application
Crown application 138 This Part binds the Crown.
Section 139 — Enforcement by enforcement officers
Enforcement by enforcement officers 139 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…
Section 140 — Supplementary
Supplementary 140 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…
Section 141 — Judicial review: power to substitute decision
Judicial review: power to substitute decision 141 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…
Section 142 — Recovery of sums payable under compromises involving ACAS
Recovery of sums payable under compromises involving ACAS 142 In the Employment Tribunals Act 1996 (c. 17), after section 19 insert— Conciliation: recovery of sums payable under compromises 19A 1…
Section 143 — Appeals in relation to design rights
Appeals in relation to design rights 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 144 — Protected functions of the Lord Chancellor
Protected functions of the Lord Chancellor 144 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…
Section 145 — Power to make supplementary or other provision
Power to make supplementary or other provision 145 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,…
Section 146 — Repeals
Repeals 146 Schedule 23 contains repeals.
Section 147 — Extent
Extent 147 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)…
Section 148 — Commencement
Commencement 148 1 Section 60 comes into force at the end of the period of two months beginning with the day on which this Act is passed. 2 The provisions of Chapter 3 of Part 5 come into force in…
Section 149 — Short title
Short title 149 This Act may be cited as the Tribunals, Courts and Enforcement Act 2007.