Tribunals, Courts and Enforcement Act 2007 in Scotland
2007 c. 15 · Enacted 19 July 2007 · Extends to United Kingdom
An Act to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments and appointments to the Law Commission; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes.
[19th July 2007] C1
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act: power to apply (with modifications) conferred (1.1.2010 for certain purposes) by Saving Gateway Accounts Act 2009 (c. 8) {ss. 24(4)(5)}, 31; S.I. 2009/3332, art. 2(e)
Contents
- Part 1: Tribunals and Inquiries
- Chapter 1: Tribunal judiciary: independence and Senior President
- 1Independence of tribunal judiciary
- 2Senior President of Tribunals
- Chapter 2: First-tier Tribunal and Upper Tribunal
- Establishment
- 3The First-tier Tribunal and the Upper Tribunal
- Members and composition of tribunals
- 4Judges and other members of the First-tier Tribunal
- 5Judges and other members of the Upper Tribunal
- 6Certain judges who are also judges of First-tier Tribunal and Upper Tribunal
- 6ACertain judges who are also judges of the First-tier Tribunal
- 7Chambers: jurisdiction and Presidents
- 8Senior President of Tribunals: power to delegate
- Review of decisions and appeals
- 9Review of decision of First-tier Tribunal
- 10Review of decision of Upper Tribunal
- 11Right to appeal to Upper Tribunal
- 11AFinality of decisions by Upper Tribunal about permission to appeal
- 12Proceedings on appeal to Upper Tribunal
- 13Right to appeal to Court of Appeal etc.
- 14Proceedings on appeal to Court of Appeal etc.
- 14AAppeal to Supreme Court: grant of certificate by Upper Tribunal
- 14BAppeal to Supreme Court: permission to appeal
- 14CAppeal to Supreme Court: exclusions
- “Judicial review”
- 15Upper Tribunal's “judicial review” jurisdiction
- 16Application for relief under section 15(1)
- 17Quashing orders under section 15(1): supplementary provision
- 18Limits of jurisdiction under section 15(1)
- 19Transfer of judicial review applications from High Court
- 20Transfer of judicial review applications from the Court of Session
- 20AProcedural steps where application transferred
- 21Upper Tribunal's “judicial review” jurisdiction: Scotland
- Miscellaneous
- 22Tribunal Procedure Rules
- 23Practice directions
- 24Mediation
- 25Supplementary powers of Upper Tribunal
- 26First-tier Tribunal and Upper Tribunal: sitting places
- 27Enforcement
- 28Assessors
- 29Costs or expenses
- ... Repealed
- 29ZAEnabling the public to see and hear proceedings Repealed
- 29ZBOffences of recording or transmission in relation to broadcasting Repealed
- 29ZCOffences of recording or transmitting participation through live link Repealed
- 29ZDInterpretation Repealed
- Chapter 2A: Exercise of tribunal functions by authorised persons
- 29AMeaning of “authorised person” and “judicial office holder”
- 29BDirections and independence: authorised persons
- 29CProtection of authorised persons
- 29DCosts or expenses in legal proceedings: authorised persons
- 29EIndemnification of authorised persons
- Chapter 3: Transfer of tribunal functions
- 30Transfer of functions of certain tribunals
- 31Transfers under section 30: supplementary powers
- 32Power to provide for appeal to Upper Tribunal from tribunals in Wales
- 33Power to provide for appeal to Upper Tribunal from tribunals in Scotland
- 34Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland
- 35Transfer of Ministerial responsibilities for certain tribunals
- 36Transfer of powers to make procedural rules for certain tribunals
- 37Power to amend lists of tribunals in Schedule 6
- 38Orders under sections 30 to 36: supplementary
- Chapter 4: Administrative matters in respect of certain tribunals
- 39The general duty
- 40Tribunal staff and services
- 41Provision of accommodation
- 42Fees
- 43Report by Senior President of Tribunals
- Chapter 5: Oversight of administrative justice system, tribunals and inquiries
- 44The Administrative Justice and Tribunals Council Repealed
- 45Abolition of the Council on Tribunals Repealed
- Chapter 6: Supplementary
- 46Delegation of functions by Lord Chief Justice etc.
- 47Co-operation in relation to judicial training, guidance and welfare
- 48Consequential and other amendments, and transitional provisions
- 49Orders and regulations under Part 1: supplemental and procedural provisions
- Part 2: Judicial appointments
- 50Judicial appointments: “judicial-appointment eligibility condition”
- 51“Relevant qualification” in section 50: further provision
- 52Meaning of “gain experience in law” in section 50
- 53Transfer from salaried to fee-paid judicial office
- 54Continuation of judicial office after normal retirement date
- 55Appointment of deputy Circuit judges
- 56Appointment of deputy district judges, etc.
- 57Deputy, and temporary additional, Masters etc.
- 58Appointment of temporary assistants to Judge Advocate General Repealed
- 59Members and chairmen of certain Appeals Commissions
- 60Appointment as Chairman of Law Commission Not yet in force
- 61Orders permitting disclosures to Judicial Appointments Commission
- Chapter 1: Procedure
- 62Enforcement by taking control of goods
- 65Common law rules replaced
- 66Pre-commencement enforcement not affected
- 67Transfer of county court enforcement
- 68Magistrates' courts warrants of control
- 69County court warrants of control etc.
- 70Power of High Court to stay execution
- Chapter 2: Rent arrears recovery
- Abolition of common law right
- 71Abolition of common law right
- Commercial rent arrears recovery
- 72Commercial rent arrears recovery (CRAR)
- 73Landlord
- 74Lease
- 75Commercial premises
- 76Rent
- 77The rent recoverable
- 79Use of CRAR after end of lease
- 80Agricultural holdings
- Right to rent from sub-tenant
- 81Right to rent from sub-tenant
- 82Off-setting payments under a notice
- 83Withdrawal and replacement of notices
- 84Recovery of sums due and overpayments
- Supplementary
- 85Contracts for similar rights to be void
- 86Amendments
- 87Interpretation of Chapter
- Chapter 3: General
- 88Abolition of Crown preference
- 89Application to the Crown
- Attachment of earnings orders Not yet in force
- 91Attachment of earnings orders: deductions at fixed rates Not yet in force
- Charging orders
- 94Charging orders: power to set financial thresholds
- Information requests and orders Not yet in force
- 96Action by the court Not yet in force
- 97Departmental information requests Not yet in force
- 98Information orders Not yet in force
- 99Responding to a departmental information request Not yet in force
- 100Information order: required information not held etc. Not yet in force
- 101Using the information about the debtor Not yet in force
- 102Offence of unauthorised use or disclosure Not yet in force
- 103Regulations Not yet in force
- Chapter 1: Administration orders Not yet in force
- Chapter 2: Enforcement restriction orders Not yet in force
- Chapter 3: Debt relief orders
- 108Debt relief orders and debt relief restrictions orders etc.
- Chapter 4: Debt management schemes Not yet in force
- Introductory Not yet in force
- 109Debt management schemes Not yet in force
- 110Debt repayment plans Not yet in force
- Approval of schemes Not yet in force
- 111Approval by supervising authority Not yet in force
- 112Applications for approval Not yet in force
- 113Terms of approval Not yet in force
- 114Discharge from specified debts Not yet in force
- 115Presentation of bankruptcy petition Not yet in force
- 116Remedies other than bankruptcy Not yet in force
- 117Charging of interest etc. Not yet in force
- 118Stopping supplies of gas or electricity Not yet in force
- 120Registration of plans Not yet in force
- Appeals Not yet in force
- Approved schemes: charging Not yet in force
- 124Charges by operator of approved scheme Not yet in force
- Termination of approval Not yet in force
- 125Procedure for termination Not yet in force
- 126Terminating an approval Not yet in force
- 127Alternatives to termination Not yet in force
- Effects of end of approval Not yet in force
- 128Effects of end of approval Not yet in force
- The supervising authority Not yet in force
- 129The supervising authority Not yet in force
- Various Not yet in force
- 130Regulations Not yet in force
- 132Expressions relating to debts Not yet in force
- 133Periods of protection Not yet in force
- Part 6: Protection of cultural objects on loan
- 134Protected objects
- 135Effect of protection
- 136Relevant museums and galleries
- 137Interpretation
- 138Crown application
- Compulsory purchase
- 139Enforcement by enforcement officers
- 140Supplementary
- Judicial review
- 141Judicial review: power to substitute decision
- Employment tribunals: ACAS
- 142Recovery of sums payable under compromises involving ACAS
- Design rights: appeals Not yet in force
- Part 8: General
- 144Protected functions of the Lord Chancellor
- 145Power to make supplementary or other provision
- 146Repeals
- 147Extent
- 148Commencement
- 149Short title
- Schedule 1: Senior President of Tribunals
- Part 1: Recommendations for appointment
- Duty to fill vacancies
- 1Paragraph 1
- The two routes to a recommendation: agreement under this paragraph or selection under Part 2
- 2Paragraph 2
- Part 2: Selection by the Judicial Appointments Commission
- Eligibility for selection
- 3Paragraph 3
- The selection process
- 4Paragraph 4
- Withdrawal and modification of requests under paragraph 2(5)
- 5Paragraph 5
- Part 3: Terms of office
- Tenure, removal, resignation etc.
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Remuneration, allowances and expenses
- 10Paragraph 10
- Oaths
- 11Paragraph 11
- Part 4: Certain functions of the Senior President
- Meaning of “tribunal member”
- 12Paragraph 12
- Representations to Parliament
- 13Paragraph 13
- Representation of views of tribunal members
- 14Paragraph 14
- Schedule 2: Judges and other members of the First-tier Tribunal
- Power to appoint judges of First-tier Tribunal
- 1Paragraph 1
- Power to appoint other members of First-tier Tribunal
- 2Paragraph 2
- Appointed and transferred-in judges and other members: removal from office
- 3Paragraph 3
- Terms of appointment
- 4Paragraph 4
- Remuneration, allowances and expenses
- 5Paragraph 5
- Certain judges neither appointed under paragraph 1(1) nor transferred in
- 6Paragraph 6
- Other members neither appointed under paragraph 2(1) nor transferred in
- 7Paragraph 7
- Training etc.
- 8Paragraph 8
- Oaths
- 9Paragraph 9
- Schedule 3: Judges and other members of the Upper Tribunal
- Power to appoint judges of Upper Tribunal
- 1Paragraph 1
- Power to appoint other members of Upper Tribunal
- 2Paragraph 2
- Appointed and transferred-in judges and other members: removal from office
- 3Paragraph 3
- Terms of appointment
- 4Paragraph 4
- Remuneration, allowances and expenses
- 5Paragraph 5
- Certain judges neither appointed under paragraph 1(1) nor transferred in
- 6Paragraph 6
- Deputy judges of the Upper Tribunal
- 7Paragraph 7
- Other members neither appointed under paragraph 2(1) nor transferred in
- 8Paragraph 8
- Training etc.
- 9Paragraph 9
- Oaths
- 10Paragraph 10
- Schedule 4: Chambers and Chamber Presidents: further provision
- Part 1: Chamber Presidents: appointment, delegation, deputies and further provision
- Eligibility for appointment as Chamber President under section 7(7)
- 1Paragraph 1
- Appointment as Chamber President under section 7(7): consultation and nomination
- 2Paragraph 2
- Chamber Presidents: duration of appointment, remuneration etc.
- 3Paragraph 3
- Delegation of functions by Chamber Presidents
- 4Paragraph 4
- Deputy Chamber Presidents
- 5Paragraph 5
- Chamber Presidents and Deputies: removal from office and extension of appointment
- 5AParagraph 5A
- Acting Chamber Presidents
- 6Paragraph 6
- Guidance
- 7Paragraph 7
- Oaths
- 8Paragraph 8
- Part 2: Judges and other members of chambers: assignment and jurisdiction
- Assignment is function of Senior President of Tribunals
- 9Paragraph 9
- Deemed assignment of Chamber Presidents and Deputy Chamber Presidents
- 10Paragraph 10
- Assigning members of First-tier Tribunal to its chambers
- 11Paragraph 11
- Assigning members of Upper Tribunal to its chambers
- 12Paragraph 12
- Policy of Senior President of Tribunals as respects assigning members to chambers etc.
- 13Paragraph 13
- Choosing members to decide cases
- 14Paragraph 14
- Composition of tribunals
- 15Paragraph 15
- Schedule 5: Procedure in First-tier Tribunal and Upper Tribunal
- Part 1: Tribunal Procedure Rules
- Introductory
- 1Paragraph 1
- Concurrent functions
- 2Paragraph 2
- Delegation of functions to staff
- 3Paragraph 3
- Time limits
- 4Paragraph 4
- Repeat applications
- 5Paragraph 5
- Tribunal acting of its own initiative
- 6Paragraph 6
- Hearings
- 7Paragraph 7
- Proceedings without notice
- 8Paragraph 8
- Representation
- 9Paragraph 9
- Evidence, witnesses and attendance
- 10Paragraph 10
- Use of information
- 11Paragraph 11
- Costs and expenses
- 12Paragraph 12
- Set-off and interest
- 13Paragraph 13
- Arbitration
- 14Paragraph 14
- Correction of errors and setting-aside of decisions on procedural grounds
- 15Paragraph 15
- Ancillary powers
- 16Paragraph 16
- Rules may refer to practice directions
- 17Paragraph 17
- Presumptions
- 18Paragraph 18
- Differential provision
- 19Paragraph 19
- Part 2: Tribunal Procedure Committee
- Membership
- 20Paragraph 20
- Lord Chancellor's appointees
- 21Paragraph 21
- Lord Chief Justice's appointees
- 22Paragraph 22
- Lord President's appointee
- 23Paragraph 23
- Persons appointed at request of Senior President of Tribunals
- 24Paragraph 24
- Power to amend paragraphs 20 to 24
- 25Paragraph 25
- Committee members' expenses
- 26Paragraph 26
- Part 3: Making of Tribunal Procedure Rules by Tribunal Procedure Committee
- Meaning of “Rules” and “the Committee”
- 27Paragraph 27
- Process for making Rules
- 28Paragraph 28
- Delegation of functions to staff: reconsideration of decisions
- 28AParagraph 28A
- Power of Lord Chancellor to require Rules to be made
- 29Paragraph 29
- Part 4: Power to amend legislation in connection with Tribunal Procedure Rules
- Lord Chancellor's power
- 30Paragraph 30
- Schedule 6: Tribunals for the purposes of sections 30 to 36
- 1Tribunals for the purposes of sections 30, 35 and 36
- 2Tribunals for the purposes of sections 30 and 35
- 3Tribunals for the purposes of sections 30 and 36
- 4Tribunals for the purposes of section 30
- 5Tribunals for the purposes of sections 35 and 36
- 6Tribunals for the purposes of section 35
- 7Tribunals for the purposes of section 32(3)
- Schedule 7: Administrative Justice and Tribunals Council
- Part: ...
- Schedule 8: Tribunals and Inquiries: consequential and other amendments
- Taxes Management Act 1970 (c. 9)
- 1Paragraph 1
- Chronically Sick and Disabled Persons Act 1970 (c. 44)
- 2Paragraph 2 Repealed
- Health and Safety at Work etc. Act 1974 (c. 37)
- 3Paragraph 3 Repealed
- House of Commons Disqualification Act 1975 (c. 24)
- 4Paragraph 4
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 5Paragraph 5
- Litigants in Person (Costs and Expenses) Act 1975 (c. 47)
- 6Paragraph 6
- Race Relations Act 1976 (c. 74)
- 7Paragraph 7 Repealed
- Estate Agents Act 1979 (c. 38)
- 8Paragraph 8
- Town and Country Planning Act 1990 (c. 8)
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- Food Safety Act 1990 (c. 16) Not yet in force
- 13Paragraph 13 Not yet in force
- Courts and Legal Services Act 1990 (c. 41)
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Social Security Administration Act 1992 (c. 5)
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- Transport and Works Act 1992 (c. 42)
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Tribunals and Inquiries Act 1992 (c. 53)
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26 Repealed
- 27Paragraph 27
- 28Paragraph 28 Repealed
- 29Paragraph 29 Not yet in force
- 30Paragraph 30
- Judicial Pensions and Retirement Act 1993 (c. 8)
- 31Paragraph 31
- Pension Schemes Act 1993 (c. 48)
- 32Paragraph 32 Repealed
- Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)
- 33Paragraph 33
- Criminal Injuries Compensation Act 1995 (c. 53) Not yet in force
- 34Paragraph 34 Not yet in force
- Employment Tribunals Act 1996 (c. 17)
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46 Repealed
- 47Paragraph 47
- 48Paragraph 48
- Town and Country Planning (Scotland) Act 1997 (c. 8)
- 49Paragraph 49 Repealed
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- Greater London Authority Act 1999 (c. 29)
- 52Paragraph 52 Repealed
- Freedom of Information Act 2000 (c. 36)
- 53Paragraph 53 Repealed
- Nationality, Immigration and Asylum Act 2002 (c. 41) Not yet in force
- 54Paragraph 54 Repealed
- Courts Act 2003 (c. 39)
- 55Paragraph 55
- Title Conditions (Scotland) Act 2003 (asp 9)
- 56Paragraph 56 Repealed
- 57Paragraph 57 Repealed
- 58Paragraph 58 Repealed
- Planning and Compulsory Purchase Act 2004 (c. 5)
- 59Paragraph 59
- Gender Recognition Act 2004 (c. 7)
- 60Paragraph 60 Repealed
- Civil Contingencies Act 2004 (c. 36)
- 61Paragraph 61 Repealed
- Constitutional Reform Act 2005 (c. 4)
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65 Repealed
- 66Paragraph 66
- Schedule 9: Tribunals: transitional provision
- Part 1: General and miscellaneous
- Introductory
- 1Paragraph 1
- Membership of Tribunal Procedure Committee
- 2Paragraph 2
- Part 2: Judges and other members of First-Tier and Upper Tribunals: retirement dates
- Interpretation of Part 2 of Schedule
- 3Paragraph 3
- Retirement from First-tier and Upper Tribunals: application of paragraphs 5 to 8
- 4Paragraph 4
- Retirement later than age 75 in certain cases where office previously held in another tribunal
- 5Paragraph 5
- Cases where retirement from existing office would be after age 75
- 6Paragraph 6
- Cases where no requirement to retire from existing office
- 7Paragraph 7
- Interaction between rules under paragraph 5, and rules under Schedule 7 to the 1993 Act, in cases where office held on 30th March 1995
- 8Paragraph 8 Repealed
- Eligibility for appointment after having attained age of 75
- 9Paragraph 9
- Part 3: Judges and other members of First-Tier and Upper Tribunals: pensions where office acquired under section 31(2)
- Interpretation of Part 3 of Schedule
- 10Paragraph 10
- Right to opt in to Part 1 of the 1993 Act where qualifying judicial office not previously held
- 11Paragraph 11
- Election under paragraph 11(3) for pension under Part 1 of the 1993 Act
- 12Paragraph 12
- Continuation of existing public service pension arrangements in certain cases
- 13Paragraph 13
- Part 4: Amendments to the Judicial Pensions and Retirement Act 1993
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Schedule 10: Amendments relating to judicial appointments
- Part 1: Amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5 Repealed
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11 Repealed
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19 Repealed
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23 Repealed
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33
- 34Paragraph 34 Repealed
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37 Repealed
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40 Repealed
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- Part 2: Amendments relating to enactments already repealed
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Schedule 11: District judges and deputy district judges
- Supreme Court Act 1981 (c. 54)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- County Courts Act 1984 (c. 28)
- 5Paragraph 5
- 6Paragraph 6 Repealed
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Judicial Pensions and Retirement Act 1993 (c. 8)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Courts Act 2003 (c. 39)
- 14Paragraph 14
- Constitutional Reform Act 2005 (c. 4)
- 15Paragraph 15
- Part 1: Introductory
- The procedure
- 1Paragraph 1
- Enforcement agents
- 2Paragraph 2
- General interpretation
- Part 2: The procedure
- Binding property in the debtor's goods
- 4Paragraph 4
- Effect of property in goods being bound
- 5Paragraph 5
- Time when property ceases to be bound
- 6Paragraph 6
- Notice of enforcement
- 7Paragraph 7
- Time limit for taking control
- 8Paragraph 8
- Goods which may be taken
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Value of goods taken
- 12Paragraph 12
- Ways of taking control
- 13Paragraph 13
- Entry without warrant
- Entry under warrant
- 15Paragraph 15
- Re-entry
- 16Paragraph 16
- 18Paragraph 18
- 18AParagraph 18A
- 19AParagraph 19A
- Application for power to use reasonable force
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Other provisions about powers of entry
- 23Paragraph 23
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Goods on a highway
- 32Paragraph 32
- 33Paragraph 33
- Inventory
- 34Paragraph 34
- Care of goods removed
- 35Paragraph 35
- Valuation
- 36Paragraph 36
- Best price
- 37Paragraph 37
- Sale
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- Place of sale
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- Holding and disposal of securities
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- Application of proceeds
- 50Paragraph 50
- Passing of title
- 51Paragraph 51
- Abandonment of goods other than securities
- 52Paragraph 52
- 54Paragraph 54
- Abandonment of securities
- 55Paragraph 55
- 57Paragraph 57
- Payment of amount outstanding
- 58Paragraph 58
- 59Paragraph 59
- Third party claiming goods
- Application to assignee or transferee
- 61Paragraph 61
- Costs
- 62Paragraph 62
- Limitation of liability for sale or payment of proceeds
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- Remedies available to the debtor
- Remedies available to the creditor
- 67Paragraph 67
- Offences
- 68Paragraph 68
- Relation to insolvency provisions
- 69Paragraph 69
- Inclosure Act 1773 (c. 81)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Oaths Act 1775 (c. 39)
- 4Paragraph 4
- Sale of Farming Stock Act 1816 (c. 50)
- 5Paragraph 5
- Judgments Act 1838 (c. 110)
- 6Paragraph 6
- Lands Clauses Consolidation Act 1845 (c. 18)
- 7Paragraph 7
- Inclosure Act 1845 (c. 118)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Railways Clauses Act 1863 (c. 92)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Summary Jurisdiction (Process) Act 1881 (c. 24)
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Bills of Sale Act (1878) Amendment Act 1882 (c. 43)
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Sheriffs Act 1887 (c. 55)
- 20Paragraph 20
- Deeds of Arrangement Act 1914 (c. 47)
- Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
- 22Paragraph 22
- Agricultural Credits Act 1928 (c. 43)
- 23Paragraph 23
- Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
- 24Paragraph 24
- Agriculture (Miscellaneous Provisions) Act 1954 (c. 39)
- 25Paragraph 25
- Criminal Justice Act 1961 (c. 39)
- 26Paragraph 26
- Compulsory Purchase Act 1965 (c. 56)
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Criminal Justice Act 1967 (c. 80)
- 30Paragraph 30
- Sea Fisheries Act 1968 (c. 77)
- 31Paragraph 31
- Taxes Management Act 1970 (c. 9)
- 32Paragraph 32
- 34Paragraph 34
- Administration of Justice Act 1970 (c. 31)
- 35Paragraph 35
- Attachment of Earnings Act 1971 (c. 32)
- 36Paragraph 36
- Criminal Justice Act 1972 (c. 71)
- Rehabilitation of Offenders Act 1974 (c. 53)
- 38Paragraph 38
- Patents Act 1977 (c. 37)
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- Customs and Excise Management Act 1979 (c. 2)
- 44Paragraph 44
- Magistrates' Courts Act 1980 (c. 43)
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- Supreme Court Act 1981 (c. 54)
- 66Paragraph 66
- British Fishing Boats Act 1983 (c. 8)
- County Courts Act 1984 (c. 28)
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 75Paragraph 75
- 76Paragraph 76
- 78Paragraph 78
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- Finance Act 1984 (c. 43)
- 83Paragraph 83
- Gas Act 1986 (c. 44)
- 84Paragraph 84
- Insolvency Act 1986 (c. 45)
- Dartford-Thurrock Crossing Act 1988 (c. 20)
- 86Paragraph 86
- Local Government Finance Act 1988 (c. 41)
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- Electricity Act 1989 (c. 29)
- 90Paragraph 90
- Companies Act 1989 (c. 40)
- 91Paragraph 91
- New Roads and Street Works Act 1991 (c. 22)
- 92Paragraph 92
- Child Support Act 1991 (c. 48)
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- Water Industry Act 1991 (c. 56)
- 98Paragraph 98
- Water Resources Act 1991 (c. 57)
- 99Paragraph 99
- Land Drainage Act 1991 (c. 59)
- 100Paragraph 100
- Social Security Administration Act 1992 (c. 5)
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- Local Government Finance Act 1992 (c. 14)
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- Railways Act 1993 (c. 43)
- 112Paragraph 112
- Finance Act 1994 (c. 9)
- 113Paragraph 113
- 115Paragraph 115
- Value Added Tax Act 1994 (c. 23)
- 117Paragraph 117
- 118Paragraph 118
- 120Paragraph 120
- Pensions Act 1995 (c. 26)
- 121Paragraph 121
- Finance Act 1996 (c. 8)
- 122Paragraph 122
- 124Paragraph 124
- Employment Tribunals Act 1996 (c. 17)
- Finance Act 1997 (c. 16)
- Social Security (Recovery of Benefits) Act 1997 (c. 27)
- 127Paragraph 127
- National Minimum Wage Act 1998 (c. 39)
- 128Paragraph 128 Repealed
- Road Traffic (NHS Charges) Act 1999 (c. 3)
- 129Paragraph 129
- Greater London Authority Act 1999 (c. 29)
- 130Paragraph 130
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- 131Paragraph 131
- Financial Services and Markets Act 2000 (c. 8)
- Finance Act 2000 (c. 17)
- 135Paragraph 135
- 137Paragraph 137
- Postal Services Act 2000 (c. 26)
- 138Paragraph 138
- Finance Act 2001 (c. 9)
- 139Paragraph 139
- 141Paragraph 141
- Proceeds of Crime Act 2002 (c. 29)
- 142Paragraph 142
- 143Paragraph 143
- 144Paragraph 144
- 146Paragraph 146
- Finance Act 2003 (c. 14)
- Courts Act 2003 (c. 39)
- 148Paragraph 148
- 149Paragraph 149
- 150Paragraph 150
- 151Paragraph 151
- Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
- 152Paragraph 152
- Criminal Justice Act 2003 (c. 44)
- 153Paragraph 153
- Traffic Management Act 2004 (c. 18)
- 156Paragraph 156
- Income Tax Act 2007 (c. 3)
- 157Paragraph 157
- Distress for Rent Act 1689 (c. 5)
- 1Paragraph 1
- Landlord and Tenant Act 1709 (c. 18)
- 2Paragraph 2
- Landlord and Tenant Act 1730 (c. 28)
- 3Paragraph 3
- Distress for Rent Act 1737 (c. 19)
- 4Paragraph 4
- Deserted Tenements Act 1817 (c. 52)
- 5Paragraph 5
- Fines and Recoveries Act 1833 (c. 74)
- 6Paragraph 6
- Metropolitan Police Courts Act 1840 (c. 84)
- 7Paragraph 7
- Execution Act 1844 (c. 96)
- 8Paragraph 8
- Lands Clauses Consolidation Act 1845 (c. 18)
- 9Paragraph 9
- Inclosure Act 1845 (c. 118)
- 10Paragraph 10
- Markets and Fairs Clauses Act 1847 (c. 14)
- 11Paragraph 11
- Sequestration Act 1849 (c. 67)
- 12Paragraph 12
- Landlord and Tenant Act 1851 (c. 25)
- 13Paragraph 13
- Common Law Procedure Act 1852 (c. 76)
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Improvement of Land Act 1864 (c. 114)
- 17Paragraph 17
- Railway Rolling Stock Protection Act 1872 (c. 50)
- 18Paragraph 18
- Law of Distress Amendment Act 1888 (c. 21)
- 19Paragraph 19
- Law of Distress Amendment Act 1908 (c. 53)
- 20Paragraph 20
- Law of Property Act 1925 (c. 20)
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Administration of Estates Act 1925 (c. 23)
- 28Paragraph 28
- Leasehold Reform Act 1967 (c. 88)
- 29Paragraph 29
- Agriculture Act 1970 (c. 40)
- 30Paragraph 30
- Rent (Agriculture) Act 1976 (c. 80)
- 31Paragraph 31
- Rent Act 1977 (c. 42)
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Limitation Act 1980 (c. 58)
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- County Courts Act 1984 (c. 28)
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Agricultural Holdings Act 1986 (c. 5)
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- Insolvency Act 1986 (c. 45)
- 44Paragraph 44
- Housing Act 1988 (c. 50)
- 45Paragraph 45
- Water Industry Act 1991 (c. 56)
- 46Paragraph 46
- Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
- 47Paragraph 47
- Constitutional Reform Act 2005 (c. 4)
- 48Paragraph 48
- Part 1: Main amendments Not yet in force
- Introduction Not yet in force
- 1Paragraph 1 Not yet in force
- Amendment of section 6: Effect and contents of order Not yet in force
- Insertion of new section 6A Not yet in force
- 3Paragraph 3 Not yet in force
- Amendment of section 9: Variation, lapse and discharge of orders Not yet in force
- 4Paragraph 4 Not yet in force
- Insertion of new section 9A Not yet in force
- Amendment of section 25: General interpretation Not yet in force
- 6Paragraph 6 Not yet in force
- Insertion of new Schedule 3A Not yet in force
- Part 2: Consequential amendments Not yet in force
- Amendment of section 5: Securing payments under administration order Not yet in force
- 8Paragraph 8 Not yet in force
- Amendment of section 14: Power of court to obtain information Not yet in force
- 9Paragraph 9 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12 Not yet in force
- 13Paragraph 13 Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15 Not yet in force
- Amendment of section 15: Obligation of debtor and employer to notify changes Not yet in force
- 16Paragraph 16 Not yet in force
- Amendment of section 17: Consolidated attachment orders Not yet in force
- 17Paragraph 17 Not yet in force
- Amendment of section 23: Enforcement provisions Not yet in force
- 19Paragraph 19 Not yet in force
- 20Paragraph 20 Not yet in force
- 22Paragraph 22 Not yet in force
- Attachment of Earnings Act 1971 (c. 32) Not yet in force
- 1Paragraph 1 Not yet in force
- Magistrates' Courts Act 1980 (c. 43) Not yet in force
- 2Paragraph 2 Not yet in force
- Insolvency Act 1986 (c. 45) Not yet in force
- 4Paragraph 4 Not yet in force
- Company Directors Disqualification Act 1986 (c. 46) Not yet in force
- 5Paragraph 5 Not yet in force
- Courts and Legal Services Act 1990 (c. 41) Not yet in force
- 6Paragraph 6 Not yet in force
- Charities Act 1993 (c. 10) Not yet in force
- Pensions Act 1995 (c. 26) Not yet in force
- 8Paragraph 8 Not yet in force
- Police Act 1996 (c. 16) Not yet in force
- 9Paragraph 9 Not yet in force
- Housing Act 1996 (c. 52) Not yet in force
- 10Paragraph 10 Not yet in force
- Police Act 1997 (c. 50) Not yet in force
- Criminal Justice and Police Act 2001 (c. 16) Not yet in force
- 12Paragraph 12 Not yet in force
- Police Reform Act 2002 (c. 30) Not yet in force
- 13Paragraph 13 Not yet in force
- Railways and Transport Safety Act 2003 (c. 20) Not yet in force
- 14Paragraph 14 Not yet in force
- Courts Act 2003 (c. 39) Not yet in force
- 15Paragraph 15 Not yet in force
- Part 1: Amendments to the Insolvency Act 1986
- 1Paragraph 1
- 2Paragraph 2
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Part 2: Amendments to other legislation
- 16Paragraph 16
- 17Paragraph 17
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
- 1Paragraph 1
- Local Government, Planning and Land Act 1980 (c. 65)
- 2Paragraph 2
- Highways Act 1980 (c. 66)
- 3Paragraph 3
- Gas Act 1986 (c. 44)
- 4Paragraph 4
- Channel Tunnel Act 1987 (c. 53)
- 5Paragraph 5
- Housing Act 1988 (c. 50)
- 6Paragraph 6
- Electricity Act 1989 (c. 29)
- 7Paragraph 7
- Channel Tunnel Rail Link Act 1996 (c. 61)
- 9Paragraph 9
- Regional Development Agencies Act 1998 (c. 45)
- Postal Services Act 2000 (c. 26)
- 11Paragraph 11
- Schedule 23: Repeals
- 1Tribunals and Inquiries
- 2Judicial appointments
- 3Enforcement by taking control of goods
- 4Rent arrears recovery
- 5Administration orders Not yet in force
- 6Appeal Tribunal under section 28 of the Registered Designs Act 1949: abolition Not yet in force