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The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 9) Order 2013

S.I. 2013/1739 · Made 10 July 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Enforcement, England And Wales

Taking Control Of Goods

Commercial Rent Arrears Recovery

Made 10th July 2013

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 148(5) and (6) of the Tribunals, Courts and Enforcement Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 c.15.

Contents

  1. 1Citation and commencement
  2. 2Provisions coming into force on 15th July 2013
  3. 3Provisions coming into force on 15th July 2013
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 9) Order 2013.

2Provisions coming into force on 15th July 2013

Section 90 of the Tribunals, Courts and Enforcement Act 2007 comes into force on 15th July 2013.

3Provisions coming into force on 15th July 2013

The following provisions of the Tribunals, Courts and Enforcement Act 2007 come into force on 15th July 2013 for the purpose only of exercising any power to make regulations—

(a)

Section 62(1);

(b)

section 64(2), (3) and (4);

(c)

section 73(8);

(d)

section 77(4) and (6);

(e)

section 78(2);

(f)

section 81(5) and (6); and

(g)

in Schedule 12—

(i)

paragraph 3(1);

(ii)

paragraph 7(2) and(4);

(iii)

paragraph 8;

(iv)

paragraph 11(2);

(v)

paragraph 12(1);

(vi)

paragraph 13(3);

(vii)

paragraph 14(3);

(viii)

paragraph 15(3);

(ix)

paragraph 22(1);

(x)

paragraph 24(1);

(xi)

paragraph 25(1) and (2);

(xii)

paragraph 28(2) and (3);

(xiii)

paragraph 31(2) and (4);

(xiv)

paragraph 32(1) and (2);

(xv)

paragraph 33(2);

(xvi)

paragraph 34(4);

(xvii)

paragraph 35(2);

(xviii)

paragraph 36;

(xix)

paragraph 39(2);

(xx)

paragraph 40(2) and (3);

(xxi)

paragraph 41(3) and (5);

(xxii)

paragraph 42;

(xxiii)

paragraph 43(1), (2) and (3);

(xxiv)

paragraph 48;

(xxv)

paragraph 49(3) and (4);

(xxvi)

paragraph 50(3), (4) and (7);

(xxvii)

paragraph 53(3);

(xxviii)

paragraph 54(2);

(xxix)

paragraph 56(3);

(xxx)

paragraph 60(4) and (5); and

(xxxi)

paragraph 62.

Signature

Signed by authority of the Lord Chancellor

Damian Green

Minister of State

Ministry of Justice

10th July 2013

Explanatory note

(This note is not part of the Order)

This Order is the ninth commencement order under the Tribunals, Courts and Enforcement Act 2007 (“the Act”) and brings into force for limited purposes a number of provisions in Part 3 of the Act, which provides for the replacement of various powers of enforcement by way of execution and distraint by a procedure known as taking control of goods, and for the replacement of distress for rent by a power (to be known as commercial rent arrears recovery, or CRAR) to use the taking control of goods procedure. Apart from section 90 (making general provision about regulations made under Part 3 of the Act), which is commenced in its entirety, the provisions in question – sections 62(1) (which provides for Schedule 12 to apply), 64(2), (3) and (4), 73(8), 77(4) and (6), 78(2) and 81(5) and (6), and a number of provisions in Schedule 12 – are in each case brought into force only for the purpose of enabling the power in the provisions to make regulations to be exercised, so that regulations may be made in advance of the commencement of Part 3 of the Act more widely.