(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 claim or counterclaim in the proceedings or by way of costs or otherwise), or
(b) any instalment of such a sum,
the court may stay the execution of any writ of control issued in the proceedings, for whatever period and on whatever terms it thinks fit.
(2) The court may act under subsection (1) from time to time until it appears that the cause of the inability to pay has ceased.
(3) In this section a party to proceedings includes every person, whether or not named as a party, who is served with notice of the proceedings or attends them.
(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 under the lease.
(2) A landlord's power under subsection (1) is referred to as CRAR (commercial rent arrears recovery).
(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 to the following.
(3) In the case of a tenancy by estoppel, a person is “entitled to the immediate reversion” if he is entitled to it as between himself and the tenant.
(4) If there are joint tenants of the immediate reversion, or if a number of persons are entitled to the immediate reversion as between themselves and the tenant—
(a) “landlord” means any one of them;
(b) CRAR may be exercised to recover rent due to all of them.
(5) If the immediate reversion is mortgaged, “landlord” means—
(a) the mortgagee, if he has given notice of his intention to take possession or enter into receipt of rents and profits;
(b) otherwise, the mortgagor.
(6) Subsection (5) applies whether the lease is made before or after the mortgage is created, but CRAR is not exercisable by a mortgagee in relation to a lease that does not bind him.
(7) Where a receiver is appointed by a court in relation to the immediate reversion, CRAR is exercisable by the receiver in the name of the landlord.
(8) Any authorisation of a person to exercise CRAR on another's behalf must be in writing and must comply with any prescribed requirements.
(9) This Chapter applies to any other person entitled to exercise CRAR as it applies to a landlord.
(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 to a lease as varied from time to time (whether or not the variation is in writing).
(4) This section applies for the purposes of this Chapter.
(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 a dwelling.
(2) The “demised premises” in this section include anything on them.
(3) “Let as a dwelling” means let on terms permitting only occupation as a dwelling or other use combined with occupation as a dwelling.
(4) Premises are not within subsection (1)(b) if letting them as a dwelling is a breach of a lease superior to lease B.
(5) Premises are not within subsection (1)(c) if occupying them as a dwelling is a breach of lease A or a lease superior to lease A.
(6) This section applies for the purposes of this Chapter.
(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 lease, and
(b) any value added tax chargeable on that amount or interest.
(2) “Rent” does not include any sum in respect of rates, council tax, services, repairs, maintenance, insurance or other ancillary matters (whether or not called “rent” in the lease).
(3) The amount payable for possession and use of the demised premises, where it is not otherwise identifiable, is to be taken to be so much of the total amount payable under the lease as is reasonably attributable to possession and use.
(4) Where a rent is payable under or by virtue of Part 2 of the Landlord and Tenant Act 1954 (c. 56), the amount payable under the lease for possession and use of those premises is to be taken to be that rent.
(5) This section applies for the purposes of this Chapter except sections 71 and 85.
(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, or capable of being calculated with certainty;
(c) it is not excluded from recovery using CRAR by paragraph 4 of Schedule 2 to the Commercial Rent (Coronavirus) Act 2022 (temporary moratorium on enforcement of protected rent debts).
(2) The amount of any rent recoverable by CRAR is reduced by any permitted deduction.
(3) CRAR is exercisable only if the net unpaid rent is at least the minimum amount immediately before each of these—
(a) the time when notice of enforcement is given;
(b) the first time that goods are taken control of after that notice.
(4) The minimum amount is to be calculated in accordance with regulations.
(5) The net unpaid rent is the amount of rent that meets the conditions in subsection (1), less—
(a) any interest or value added tax included in that amount under section 76(1)(a) or (b), and
(b) any permitted deductions.
(6) Regulations may provide for subsection (5)(a) not to apply in specified cases.
(7) Permitted deductions, against any rent, are any deduction, recoupment or set-off that the tenant would be entitled to claim (in law or equity) in an action by the landlord for that rent.
(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 order setting aside the notice;
(b) an order that no further step may be taken under CRAR, without further order, in relation to the rent claimed.
(2) Regulations may make provision about—
(a) the further orders that may be made for the purposes of subsection (1)(b);
(b) grounds of which the court must be satisfied before making an order or further order.
(3) In this section “the court” means the High Court or the county court, as rules of court may provide.
(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) before the lease ended, or
(b) under subsection (3).
(3) CRAR continues to be exercisable in relation to rent due and payable before the lease ended, if the conditions in subsection (4) are met.
(4) These are the conditions—
(a) the lease did not end by forfeiture;
(b) not more than 6 months has passed since the day when it ended;
(c) the rent was due from the person who was the tenant at the end of the lease;
(d) that person remains in possession of any part of the demised premises;
(e) any new lease under which that person remains in possession is a lease of commercial premises;
(f) the person who was the landlord at the end of the lease remains entitled to the immediate reversion.
(5) In deciding whether a person remains in possession under a new lease, section 74(2) (lease to be evidenced in writing) does not apply.
(6) In the case of a tenancy by estoppel, the person who was the landlord remains “entitled to the immediate reversion” if the estoppel with regard to the tenancy continues.
(7) A lease ends when the tenant ceases to be entitled to possession of the demised premises under the lease together with any continuation of it by operation of an enactment or of a rule of law.
(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 year before notice of enforcement is given.
(3) For the purposes of subsection (2), deferred rent becomes due at the time to which payment is deferred.
(4) “Deferred rent” means rent the payment of which has been deferred, according to the ordinary course of dealing between the landlord and the tenant, to the end of a quarter or half-year after it legally became due.
(5) The permitted deductions under section 77(7) at any time include any compensation due to the tenant in respect of the holding, under the 1986 Act or under custom or agreement, that has been ascertained at that time.
(6) In this section—
the “1986 Act” means the Agricultural Holdings Act 1986 (c. 5);
“agricultural holding” has the meaning given by section 1 of the 1986 Act.
(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 on any sub-tenant.
(3) The notice must state the amount of rent that the landlord has the right to recover from the immediate tenant by CRAR (the “notified amount”).
(4) When it takes effect the notice transfers to the landlord the right to recover, receive and give a discharge for any rent payable by the sub-tenant under the sub-lease, until—
(a) the notified amount has been paid (by payments under the notice or otherwise), or
(b) the notice is replaced or withdrawn.
(5) A notice under this section takes effect at the end of a period to be determined by regulations.
(6) Regulations may state—
(a) the form of a notice under this section;
(b) what it must contain;
(c) how it must be served;
(d) what must be done to withdraw it.
(7) In determining for the purposes of this section whether CRAR is exercisable, section 77 applies with these modifications—
(a) if notice of enforcement has not been given, references to that notice are to be read as references to the notice under this section;
(b) if goods have not been taken control of, section 77(3)(b) does not apply.
(8) In this section and sections 82 to 84—
(a) “sub-tenant” means a tenant (below the immediate tenant) of any of the premises comprised in the headlease (and “sub-lease” is to be read accordingly);
(b) “headlease” means the lease between the landlord and the immediate tenant.
(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 under the sub-lease.
(2) If an amount is deducted under subsection (1) or this subsection from rent due to a superior sub-tenant, that sub-tenant may deduct an equal amount from any rent due from him under his sub-lease.
(3) Subsection (1) applies even if the sub-tenant's payment or part of it is not due under the notice, if it is not due because—
(a) the notified amount has already been paid (wholly or partly otherwise than under the notice), or
(b) the notice has been replaced by a notice served on another sub-tenant.
(4) That is subject to the following.
(5) Subsection (1) does not apply if the landlord withdraws the notice before the payment is made.
(6) Where the notified amount has already been paid (or will be exceeded by the payment), subsection (1) does not apply (or does not apply to the excess) if the sub-tenant has notice of that when making the payment.
(7) Subsection (1) does not apply if, before the payment is made, payments under the notice at least equal the notified amount.
(8) Subsection (1) does not apply to a part of the payment if, with the rest of the payment, payments under the notice at least equal the notified amount.
(9) Where the notice has been replaced by one served on another sub-tenant, subsection (1) does not apply if the sub-tenant has notice of that when making the payment.
(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 that rent.
(2) A notice under section 81 served on one sub-tenant is also replaced if—
(a) the landlord serves a notice on another sub-tenant for a notified amount covering the same rent or part of that rent, and
(b) in relation to any of the premises comprised in the first sub-tenant's sub-lease, the second sub-tenant is an inferior or superior sub-tenant.
(3) The landlord must withdraw a notice under section 81 if any of these happens—
(a) the notice is replaced;
(b) the notified amount is paid, unless it is paid wholly by the sub-tenant.
(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 treated as the immediate tenant of the landlord, and the sums are to be treated as rent accordingly.
(2) But those sums (as opposed to rent due from the immediate tenant) are not recoverable by notice under section 81 served on an inferior sub-tenant.
(3) Any payment received by the landlord that the sub-tenant purports to make under a notice under section 81, and that is not due under the notice for any reason, is to be treated as a payment of rent by the immediate tenant, for the purposes of the retention of the payment by the landlord and (if no rent is due) for the purposes of any claim by the immediate tenant to recover the payment.
(4) But subsection (3) does not affect any claim by the sub-tenant against the immediate tenant.
(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 amounts within subsection (2);
(b) confer a right to sell goods to recover amounts within subsection (2);
(c) modify the effect of section 72(1), except in accordance with subsection (3).
(2) The amounts are any amounts payable—
(a) as rent;
(b) under a lease (other than as rent);
(c) under an agreement collateral to a lease;
(d) under an instrument creating a rentcharge;
(e) in respect of breach of a covenant or condition in a lease, in an agreement collateral to a lease or in an instrument creating a rentcharge;
(f) under an indemnity in respect of a payment within paragraphs (a) to (e).
(3) A provision of a contract is not void under subsection (1)(c) to the extent that it prevents or restricts the exercise of CRAR.
(4) In this section—
“lease” also includes a licence to occupy land;
“rent” and “rentcharge” have the meaning given by section 205(1) of the Law of Property Act 1925 (c. 20).
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” means notice under paragraph 7 of Schedule 12;
“rent” (except in sections 71 and 85) has the meaning given by section 76;
“tenant”, in relation to a lease, means the tenant for the time being under the lease.
(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 (including goods owned by the Crown jointly or in common with another person), or
(c) to enter premises occupied by the Crown.
(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) Any power to make regulations is exercisable by statutory instrument.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) ... a statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Regulations may include any of these that the Lord Chancellor considers necessary or expedient—
(a) supplementary, incidental or consequential provision;
(b) transitory, transitional or saving provision.
(7) Regulations may make different provision for different cases.
93 Payment by instalments: making and enforcing charging orders
(1) Subsections (2), (3) and (4) make amendments to the Charging Orders Act 1979 (c. 53).
(2) In section 1 (charging orders), after subsection (5) insert—
(6) Subsections (7) and (8) apply where, under a judgment or order of the High Court or the county court, a debtor is required to pay a sum of money by instalments.
(7) The fact that there has been no default in payment of the instalments does not prevent a charging order from being made in respect of that sum.
(8) But if there has been no default, the court must take that into account when considering the circumstances of the case under subsection (5).
(3) In section 3 (provisions supplementing sections 1 and 2), after subsection (4) insert—
(4A) Subsections (4C) to (4E) apply where—
(a) a debtor is required to pay a sum of money in instalments under a judgment or order of the High Court or the county court (an “instalments order”), and
(b) a charge has been imposed by a charging order in respect of that sum.
(4B) In subsections (4C) to (4E) references to the enforcement of a charge are to the making of an order for the enforcement of the charge.
(4C) The charge may not be enforced unless there has been default in payment of an instalment under the instalments order.
(4D) Rules of court may—
(a) provide that, if there has been default in payment of an instalment, the charge may be enforced only in prescribed cases, and
(b) limit the amounts for which, and the times at which, the charge may be enforced.
(4E) Except so far as otherwise provided by rules of court under subsection (4D)—
(a) the charge may be enforced, if there has been default in payment of an instalment, for the whole of the sum of money secured by the charge and the costs then remaining unpaid, or for such part as the court may order, but
(b) the charge may not be enforced unless, at the time of enforcement, the whole or part of an instalment which has become due under the instalments order remains unpaid.
(4) In section 6(2) (meaning of references to judgment or order of High Court or county court), for “section 1” substitute “ sections 1 and 3 ”.
(5) In section 313(4) of the Insolvency Act 1986 (c. 45) (charge on bankrupt's home: certain provisions of section 3 of Charging Orders Act 1979 to apply), for the words before “section 3” substitute “ Subsection (1), (2), (4), (5) and (6) of ”.
(6) This section does not apply in a case where a judgment or order of the High Court or the county court under which a debtor is required to pay a sum of money by instalments was made, or applied for, before the coming into force of this section.
94 Charging orders: power to set financial thresholds
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 regulations provide that a charge may not be imposed by a charging order for securing the payment of money of an amount below that determined in accordance with the regulations.
(2) The Lord Chancellor may by regulations provide that a charge imposed by a charging order may not be enforced by way of order for sale to recover money of an amount below that determined in accordance with the regulations.
(3) Regulations under this section may—
(a) make different provision for different cases;
(b) include such transitional provision as the Lord Chancellor thinks fit.
(4) The power to make regulations under this section is exercisable by statutory instrument.
(5) The Lord Chancellor may not make the first regulations under subsection (1) or (2) unless (in each case) a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(6) A statutory instrument containing any subsequent regulations under those subsections is subject to annulment in pursuance of a resolution of either House of Parliament.
108 Debt relief orders and debt relief restrictions orders etc.
(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 7A, the Part set out in Schedule 17.
(2) After Schedule 4 to that Act there is inserted, as Schedules 4ZA and 4ZB, the Schedules set out in Schedules 18 and 19.
(3) Schedule 20 (which makes amendments consequential on provisions contained in Schedule 17) has effect.
(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 outside the United Kingdom,
(b) it is not owned by a person resident in the United Kingdom,
(c) its import does not contravene a prohibition or restriction on the import of goods, imposed by or under any enactment, that applies to the object, a part of it or anything it conceals,
(d) it is brought to the United Kingdom for public display in a temporary exhibition at a museum or gallery, and
(e) the museum or gallery has complied with any requirements prescribed by regulations made by the Secretary of State under this paragraph about the publication of specified information about the object.
(3) A person owns an object for the purposes of subsection (2)(b) whether he owns it beneficially or not and whether alone or with others.
(4) The protection continues—
(a) only so long as the object is in the United Kingdom for any of the purposes in subsection (7), and
(b) unless subsection (5) applies, for not more than 12 months beginning with the day when the object enters the United Kingdom.
(4A) The relevant authority may extend the maximum protection period for a further period of up to 3 months in relation to an object that is in—
(a) the United Kingdom for the purpose of public display in a temporary exhibition at a museum or gallery in England or Scotland, or
(b) England or Scotland for any of the purposes listed in subsection (7)(b) to (e).
(4B) In subsection (4A) “relevant authority” means—
(a) the Secretary of State in relation to an object that is—
(i) in the United Kingdom for the purpose of public display in a temporary exhibition at a museum or gallery in England, or
(ii) in England for any of the purposes listed in subsection (7)(b) to (e);
(b) the Scottish Ministers in relation to an object that is—
(i) in the United Kingdom for the purpose of public display in a temporary exhibition at a museum or gallery in Scotland, or
(ii) in Scotland for any of the purposes listed in subsection (7)(b) to (e).
(4C) The power under subsection (4A)—
(a) may be exercised on more than one occasion in relation to a particular object (whether by the same relevant authority or by different relevant authorities);
(b) if exercisable by both relevant authorities at a particular time in relation to a particular object, is exercisable concurrently by those authorities.
(4D) In this section “maximum protection period”, in relation to an object, means—
(a) the period of 12 months specified in subsection (4)(b),
(b) any longer period arising under subsection (5) in relation to the object, or
(c) if the power under subsection (4A) has been exercised in relation to the object, the period specified in subsection (4)(b), or arising under subsection (5), as extended by that exercise of that power (and by any other previous exercise of that power).
(4E) In relation to an object the maximum protection period for which is the period mentioned in subsection (4D)(c), references to the United Kingdom in subsections (4)(a), (5) and (8) are to be read as references to England or Scotland.
(5) The protection continues after the end of the period specified in subsection (4)(b) , as extended under subsection (4A) if relevant, if the object has suffered damage while protected, and—
(a) it is undergoing repair, conservation or restoration in the United Kingdom because of the damage, or
(b) it is leaving the United Kingdom following repair, conservation or restoration because of the damage.
(6) A new period of protection begins each time an object enters the United Kingdom and the conditions in subsection (2) are met.
(7) The purposes mentioned in subsection (4)(a) are—
(a) public display in a temporary exhibition at a museum or gallery;
(b) going to or returning from public display in a temporary exhibition at a museum or gallery;
(c) related repair, conservation or restoration;
(d) going to or returning from related repair, conservation or restoration;
(e) leaving the United Kingdom.
(8) Repair, conservation or restoration is related if it is carried out in the United Kingdom and is done—
(a) to prepare the object for public display in a temporary exhibition at a museum or gallery, or
(b) because of damage suffered in the course of something within subsection (7).
(9) The Secretary of State may make regulations requiring a museum or gallery to provide persons with specified information about an object in specified circumstances (which may include in particular compliance with conditions imposed by or under the regulations).
(10) Regulations under this section—
(a) may not be made without the consent of the Scottish Ministers, the Welsh Ministers and the Department for Culture, Art and Leisure in Northern Ireland, and
(b) must be made by statutory instrument.
(11) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(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 of an order made by a court in the United Kingdom, and
(b) the court is required to make the order under, or under provision giving effect to, an EU obligation or any international treaty.
(2) Protection under this section does not affect liability for an offence of importing, exporting or otherwise dealing with the object, but (subject to subsection (1)) any power of arrest or otherwise to prevent such an offence is not exercisable so as to prevent the object leaving the United Kingdom.
(3) In this section, references to seizure or forfeiture in relation to an object include references to—
(a) taking control of the object under Schedule 12 (in England and Wales);
(b) execution or distress (in England and Wales or Northern Ireland);
(c) diligence or sequestration (in Scotland);
(d) seizure, confiscation or forfeiture, or any other measure relating to the custody or control of the object, in the course of a criminal investigation or criminal proceedings (against the owner, the museum or gallery or any other person);
(e) the making or enforcement of an order relating to the custody or control of the object in civil proceedings (against the owner, the museum or gallery or any other person).
(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 appropriate authority must have regard to when deciding whether to approve an institution include—
(a) the institution's procedures for establishing the provenance and ownership of objects, and
(b) in particular, compliance by the institution with guidance about such procedures published by the Secretary of State from time to time.
(3) The appropriate authority may withdraw approval from an institution if it thinks fit, and, in particular, if—
(a) it thinks that the institution's procedures for establishing the provenance or ownership of objects are inadequate (because of the institution's failure to comply with guidance published by the Secretary of State or for some other reason), or
(b) the institution has failed to comply with a requirement of regulations under section 134(9).
(4) The withdrawal of approval from an institution does not affect the application of sections 134 and 135 to any object which is a protected object immediately before the withdrawal.
(5) In this section “the appropriate authority” means—
(a) the Secretary of State, in relation to an institution in England,
(b) the Welsh Ministers, in relation to an institution in Wales,
(c) the Scottish Ministers, in relation to an institution in Scotland, and
(d) the Department for Culture, Art and Leisure, in relation to an institution in Northern Ireland.
(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) “Public display” means display to which the public are admitted, on payment or not, but does not include display with a view to sale.
(4) “Temporary exhibition” means an exhibition of one or more objects which is open to the public for a period of less than twelve months, whether at a single location or at a succession of locations.
(5) A temporary exhibition is at a museum or gallery if it is held at or under the direction of the museum or gallery.
(6) An individual is resident in the United Kingdom if he is ordinarily resident in the United Kingdom for the purposes of income tax, or would be if he were receiving income on which tax is payable.
(7) The trustees of a settlement (or, in Scotland, the trustees of a trust) are resident in the United Kingdom if they are resident and ordinarily resident in the United Kingdom for the purposes of income tax, or would be if they were receiving income on which tax is payable.
(8) A partnership (including a limited partnership) or unincorporated association is resident in the United Kingdom if it is established under the law of any part of the United Kingdom.
(9) A body corporate is resident in the United Kingdom if it is incorporated under the law of any part of the United Kingdom.
(10) A reference to the United Kingdom or any part of the United Kingdom includes the territorial sea adjacent to the United Kingdom or that part of the United Kingdom (within the meaning given by section 1 of the Territorial Sea Act 1987 (c. 49)).
(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 relation to any lands is required to be done by an enforcement officer, the expression “the enforcement officer” means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003. ”
(2) In section 91 of that Act (proceedings in case of refusal to deliver possession of lands)—
(a) after “the sheriff” in the first place insert “ or the enforcement officer ”;
(b) for “the sheriff” in the second place substitute “ the person to whom it is issued ”;
(c) for “the sheriff” in the third place substitute “ the person executing the warrant ”;
(d) after the existing words, which (as amended) become subsection (1), insert—
(2) If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the warrant is issued to two or more persons collectively, the duty in subsection (1) to deliver possession of lands shall apply to the person to whom the warrant is allocated in accordance with the approved arrangements mentioned in that Schedule.
(3) Subsections (1) and (2) extend only to England and Wales.
(4) Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give possession to acquiring authority) is amended as follows.
(5) In subsection (1), for the words from “the sheriff” to the end substitute
—
(a) the sheriff, or
(b) the enforcement officer,
to deliver possession of it to the person appointed in the warrant to receive it.
(6) In subsection (2), for “the sheriff” substitute “ the person to whom it is issued ”.
(7) After subsection (2) insert—
(2A) If, by virtue of paragraph 3A of Schedule 7 to the Courts Act 2003, the warrant is issued to two or more persons collectively, the duty in subsection (2) of this section shall apply to the person to whom the warrant is allocated in accordance with the approved arrangements mentioned in that Schedule.
(8) In subsection (3), for “the sheriff” substitute “ the person executing the warrant ”.
(9) In subsection (6), after “In this section” insert
—
“the enforcement officer”, in relation to a warrant to deliver possession of land under this section, means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003, and
.
(10) Schedule 22 makes consequential amendments.
(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) Sub-paragraph (2) applies for the purpose of identifying the enforcement officer to whom a warrant may be issued under—
(a) section 91(1) of the Lands Clauses Consolidation Act 1845 (proceedings in case of refusal to deliver possession of lands), or
(b) section 13(1) of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority).
(2) The enforcement officer, in relation to such a warrant, is—
(a) the enforcement officer assigned to a relevant district or, if two or more enforcement officers are assigned to that district, those officers collectively, or
(b) a named enforcement officer who, whether or not assigned to a relevant district, has undertaken to execute the warrant.
(3) In sub-paragraph (2), “a relevant district”, in relation to a warrant, means—
(a) the district where the land in respect of which the warrant was issued is situated, or
(b) if that land (being land in one ownership) is not situated wholly in one district, a district where any part of that land is situated.
(3) Paragraph 4 is amended as set out in subsections (4) to (7).
(4) In sub-paragraph (1), at the end insert “ and warrants issued to one or more enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b) ”.
(5) After sub-paragraph (2) insert—
(2A) The relevant officer has, in relation to the warrant, the duties, powers, rights, privileges and liabilities that a sheriff of a county would have had at common law if—
(a) the warrant had been issued to him, and
(b) the district in which it is to be executed had been within his county.
(6) For sub-paragraph (3) substitute—
(3) “The relevant officer” means—
(a) in relation to a writ—
(i) if the writ is directed to a single enforcement officer under paragraph 3(1)(a) or (c), that officer;
(ii) if the writ is directed to two or more enforcement officers collectively under paragraph 3(1)(b), the officer to whom, in accordance with approved arrangements, the execution of the writ is allocated,
(b) in relation to a warrant—
(i) if the warrant is issued to a single enforcement officer in accordance with paragraph 3A(2)(a) or (b), that officer;
(ii) if the warrant is issued to two or more enforcement officers collectively in accordance with paragraph 3A(2)(a), the officer to whom, in accordance with approved arrangements, the execution of the warrant is allocated.
(7) For sub-paragraph (4) substitute—
(4) Sub-paragraphs (2) and (2A) apply to a person acting under the authority of the relevant officer as they apply to the relevant officer.
(8) In paragraph 5, after “writ” insert “ or warrant ”.
(9) In paragraph 12(2)(d)(ii), after “officers” insert “ , or warrants issued to enforcement officers under an enactment mentioned in paragraph 3A(1)(a) or (b), ”.
(10) Accordingly—
(a) in section 99 of that Act (High Court writs of execution), in subsection (1) at the end insert “ and about warrants issued in connection with the compulsory acquisition of land ”;
(b) in Schedule 7 to that Act—
(i) for the heading “High Court Writs of Execution” substitute “ Enforcement of Certain Writs and Warrants ”;
(ii) in the heading immediately preceding paragraph 1, for “of execution” substitute “ and warrants ”.
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 judicial review, the High Court quashes the decision to which the application relates, it may in addition—
(a) remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or
(b) substitute its own decision for the decision in question.
(5A) But the power conferred by subsection (5)(b) is exercisable only if—
(a) the decision in question was made by a court or tribunal,
(b) the decision is quashed on the ground that there has been an error of law, and
(c) without the error, there would have been only one decision which the court or tribunal could have reached.
(5B) Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal.
142 Recovery of sums payable under compromises involving ACAS
In the Employment Tribunals Act 1996 (c. 17), after section 19 insert—
Conciliation: recovery of sums payable under compromises
19A (1) Subsections (3) to (6) apply if—
(a) a conciliation officer—
(i) has taken action under section 18 in a case, and
(ii) issues a certificate in writing stating that a compromise has been reached in the case, and
(b) all of the terms of the compromise are set out—
(i) in a single relevant document, or
(ii) in a combination of two or more relevant documents.
(2) A document is a “relevant document” for the purposes of subsection (1) if—
(a) it is the certificate, or
(b) it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.
(3) Any sum payable by a person under the terms of the compromise (a “compromise sum”) shall, subject to subsections (4) to (7), be recoverable—
(a) in England and Wales, by execution issued from a county court or otherwise as if the sum were payable under an order of that court;
(b) in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4) A compromise sum is not recoverable under subsection (3) if—
(a) the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and
(b) that declaration is made.
(5) If rules of court so provide, a compromise sum is not recoverable under subsection (3) during the period—
(a) beginning with the issue of the certificate, and
(b) ending at such time as may be specified in, or determined under, rules of court.
(6) If the terms of the compromise provide for the person to whom a compromise sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)—
(a) in England and Wales, only if a county court so orders;
(b) in Scotland, only if the sheriff so orders.
(7) Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending.
(8) An application for a declaration under subsection (4) may be made to an employment tribunal, a county court or the sheriff.
(9) Employment tribunal procedure regulations may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made.
(10) Rules of court may make provision as to—
(a) the time within which an application to a county court for a declaration under subsection (4) is to be made;
(b) the time within which an application to the sheriff for a declaration under subsection (4) is to be made;
(c) when an application (whether made to a county court, the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).
(11) Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section.
(12) In this section “compromise” (except in the phrase “compromise sum”) means a settlement, or compromise, to avoid proceedings or bring proceedings to an end.
(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 as follows.
(2) In the entry for the London Building Acts (Amendment) Act 1939 (c. xcvii) after “109(2)” insert “ and (4) ”.
(3) Insert in the appropriate place—
Attachment of Earnings Act 1971 (c. 32)
Section 6A
Section 15B
Schedule 3A
.
(4) Insert in the appropriate place—
Charging Orders Act 1979 (c. 53)
Section 3A
.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In the entries for the County Courts Act 1984 (c. 28) insert in the appropriate place—
Section 85(2)
Part 6
Part 6A
.
(7) In the entry for section 26(5), (6) and (9) of the Judicial Pensions and Retirement Act 1993 (c. 8), for “and (9)” substitute
, (9) and (13)
.
(8) In the entries for the Employment Tribunals Act 1996 (c. 17) insert in the appropriate place—
Section 5A
Section 7A
Section 29A
.
(9) In the entry for the Social Security Act 1998 (c. 14) insert in the appropriate place—
Section 7(6A)
.
(10) In the entries for the Nationality, Immigration and Asylum Act 2002 (c. 41)—
(a) insert in the appropriate place—
Section 107
;
(b) in the entry for Schedule 4, for “and 7” substitute “ , 7 and 14 ”.
(11) Insert in the appropriate place—
Tribunals, Courts and Enforcement Act 2007
Part 1
Section 51
Part 3
Sections 95 to 102
.
145 Power to make supplementary or other provision
(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, consequential, transitory, transitional or saving provision which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
(2) An order under this section may in particular—
(a) provide for any provision of this Act which comes into force before another to have effect, until that other provision has come into force, with modifications specified in the order;
(b) amend, repeal or revoke any enactment other than one contained in an Act or instrument passed or made after the Session in which this Act is passed.
(3) The amendments that may be made by an order under this section are in addition to those made by or under any other provision of this Act.
(4) An order under this section may make different provision for different purposes.
(5) The power to make an order under this section is exercisable by statutory instrument.
(6) A statutory instrument containing an order under this section, unless it is an order to which subsection (7) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) No order amending or repealing an enactment contained in an Act may be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(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) are subject to subsections (4) and (5).
(4) Unless provided otherwise, amendments, repeals and revocations in this Act extend to any part of the United Kingdom to which the provisions amended, repealed or revoked extend.
(5) The following extend also to the Isle of Man—
(a) section 143(1) and (2),
(b) the repeal by this Act of any provision specified in Part 6 of Schedule 23 that extends to the Isle of Man,
(c) sections 145 and 148(5) to (7) so far as relating to—
(i) section 143(1) and (2), and
(ii) the provisions of this Act by which the repeals mentioned in paragraph (b) are effected, and
(d) this section and section 149.
(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 accordance with provision made by the Lord Chancellor or the Secretary of State by order.
(3) The provisions of Part 6 come into force, except as provided by subsection (4), in accordance with provision made by the Secretary of State by order.
(4) The provisions of Part 6 come into force, in so far as they extend to Scotland, in accordance with provision made by the Scottish Ministers by order.
(5) The remaining provisions of this Act, except sections 53, 55, 56, 57, 145, 147, 149, this section and Schedule 11, come into force in accordance with provision made by the Lord Chancellor by order.
(6) An order under this section may make different provision for different purposes.
(7) The power to make an order under this section is exercisable by statutory instrument.
Section 2
Part 1 Recommendations for appointment
Duty to fill vacancies
1 (1) If there is a vacancy in the office of Senior President of Tribunals, the Lord Chancellor must recommend a person for appointment to that office.
(2) Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice of England and Wales agrees that it may remain unfilled.
The two routes to a recommendation: agreement under this paragraph or selection under Part 2
2 (1) Before the Lord Chancellor may recommend a person for appointment to the office of Senior President of Tribunals, the Lord Chancellor must consult—
(a) the Lord Chief Justice of England and Wales,
(b) the Lord President of the Court of Session, and
(c) the Lord Chief Justice of Northern Ireland.
(2) Sub-paragraphs (3) and (4) apply if—
(a) the outcome of consultation under sub-paragraph (1) is agreement between—
(i) the Lord Chancellor,
(ii) the Lord Chief Justice of England and Wales,
(iii) the Lord President of the Court of Session, and
(iv) the Lord Chief Justice of Northern Ireland,
as to the person to be recommended, and
(b) the person is—
(i) an ordinary judge of the Court of Appeal in England and Wales,
(ii) a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court, or
(iii) a Lord Justice of Appeal in Northern Ireland.
(3) The Lord Chancellor must recommend the person for appointment to the office of Senior President of Tribunals, subject to sub-paragraph (4).
(4) Where the person—
(a) declines to be recommended, or does not agree within a time specified to him for that purpose, or
(b) is otherwise not available within a reasonable time to be recommended,
the Lord Chancellor must, instead of recommending the person for appointment, consult afresh under sub-paragraph (1).
(5) If the Lord Chancellor has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, the Lord Chancellor must make a request to the Judicial Appointments Commission for a person to be selected for recommendation for appointment to the office of Senior President of Tribunals.
Part 2 Selection by the Judicial Appointments Commission
Eligibility for selection
3 A person is eligible for selection in pursuance of a request under paragraph 2(5) only if—
(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis,
(b) he is an advocate or solicitor in Scotland of at least seven years' standing, or
(c) he is a barrister or solicitor in Northern Ireland of at least seven years' standing.
The selection process
4 In Chapter 2 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (appointments), after section 75 insert—
Senior President of Tribunals
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 Tribunals, Courts and Enforcement Act 2007 (request for person to be selected for recommendation for appointment to the office of Senior President of Tribunals).
(2) Those sections are subject to section 95 (withdrawal and modification of requests).
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) make a selection accordingly.
(3) As part of the selection process the panel must consult—
(a) the Lord Chief Justice, if not a member of the panel,
(b) the Lord President of the Court of Session, if not a member of the panel, and
(c) the Lord Chief Justice of Northern Ireland, if not a member of the panel.
(4) One person only must be selected for the recommendation to which a request relates.
(5) Subsection (4) applies to selection under this section and to selection under section 75G.
(6) A selection panel is a committee of the Commission.
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 Justice.
(4) Unless subsection (7) applies, the third member is the chairman of the Commission or his nominee.
(5) The fourth member is a lay member of the Commission designated by the third member.
(6) Subsection (7) applies if—
(a) there is no chairman of the Commission, or
(b) the chairman of the Commission is unavailable and has not nominated a person under subsection (4).
(7) In those cases the third member is a lay member of the Commission selected by the lay members of the Commission other than the chairman.
(8) A nominee of the Lord Chief Justice must be a Head of Division or a Lord Justice of Appeal.
(9) The person designated under subsection (3) must be—
(a) a person who holds, or has held, the office of Senior President of Tribunals,
(b) a person who holds, or has held, office as a Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, or
(c) a person who holds, or has held, an office that, in the opinion of the Lord Chief Justice, is such that a holder of it would acquire knowledge or experience of tribunals broadly similar to that which would be acquired by—
(i) a person who holds the office of Senior President of Tribunals, or
(ii) a person who holds office as a Chamber President of a chamber of the First-tier Tribunal, or
(iii) a person who holds office as a Chamber President of a chamber of the Upper Tribunal.
(10) Before designating a person under subsection (3), the Lord Chief Justice must consult—
(a) the Lord President of the Court of Session, and
(b) the Lord Chief Justice of Northern Ireland.
(11) A person may not be appointed to the panel if he is willing to be considered for selection.
(12) A person may not be appointed to the panel as the nominee of more than one person.
(13) A person appointed to the panel otherwise than as a nominee may not be a nominee.
(14) The first member is the chairman of the panel.
(15) On any vote by the panel the chairman of the panel has an additional, casting vote in the event of a tie.
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 required by the Lord Chancellor.
(3) The report must be in a form approved by the Lord Chancellor.
(4) After submitting the report the panel must provide any further information the Lord Chancellor may require.
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 rejection or reconsideration at stage 1
Stage 3: | where a person has been selected following a rejection or reconsideration at stage 2
(2) At stage 1 the Lord Chancellor must do one of the following—
(a) accept the selection;
(b) reject the selection;
(c) require the selection panel to reconsider the selection.
(3) At stage 2 the Lord Chancellor must do one of the following—
(a) accept the selection;
(b) reject the selection, but only if it was made following a reconsideration at stage 1;
(c) require the selection panel to reconsider the selection, but only if it was made following a rejection at stage 1.
(4) At stage 3 the Lord Chancellor must accept the selection, unless subsection (5) applies and he accepts a selection under it.
(5) If a person whose selection the Lord Chancellor required to be reconsidered at stage 1 or 2 was not selected again at the next stage, the Lord Chancellor may, at stage 3, accept the selection made at that earlier stage.
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 Lord Chancellor's opinion, the person selected is not suitable for the office of Senior President of Tribunals.
(2) The power of the Lord Chancellor under section 75E to require the selection panel to reconsider a selection at stage 1 or 2 is exercisable only on the grounds that, in the Lord Chancellor's opinion—
(a) there is not enough evidence that the person is suitable for the office of Senior President of Tribunals, or
(b) there is evidence that the person is not the best candidate on merit.
(3) The Lord Chancellor must give the selection panel reasons in writing for rejecting or requiring reconsideration of a selection.
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 select a person in accordance with this section.
(2) If the Lord Chancellor rejects a selection, the selection panel—
(a) may not select the person rejected, and
(b) where the rejection is following reconsideration of a selection, may not select the person (if different) whose selection it reconsidered.
(3) If the Lord Chancellor requires a selection to be reconsidered, the selection panel—
(a) may select the same person or a different person, but
(b) where the requirement is following a rejection, may not select the person rejected.
(4) The selection panel must inform the Lord Chancellor of the person selected following a rejection or a requirement to reconsider.
(5) Subsections (2) and (3) do not prevent a person being selected on a subsequent request under paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007.
Withdrawal and modification of requests under paragraph 2(5)
5 (1) Section 95 of the Constitutional Reform Act 2005 (c. 4) (withdrawal and modification of requests) is amended as follows.
(2) In subsection (1) (application of section), after “87” insert “ or paragraph 2(5) of Schedule 1 to the Tribunals, Courts and Enforcement Act 2007 ”.
(3) In subsection (4) (limitation on withdrawal of request under subsection (2)(c)), after “73(2),” insert “ 75E(2), ”.
Part 3 Terms of office
Tenure, removal, resignation etc.
6 (1) If—
(a) a person appointed to the office of Senior President of Tribunals is appointed on terms that provide for him to retire from the office at a particular time specified in those terms (“the end of the fixed-term”), and
(b) the end of the fixed-term is earlier than the time at which the person is required by the 1993 Act to retire from the office,
the person shall, if still holding the office at the end of the fixed-term, vacate the office at the end of the fixed-term.
(2) Subject to sub-paragraph (1) (and to the 1993 Act), a person appointed to the office of Senior President of Tribunals shall hold that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.
(3) It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under sub-paragraph (2).
(4) In this paragraph “the 1993 Act” means the Judicial Pensions and Retirement Act 1993 (c. 8).
7 (1) Sub-paragraph (2) applies to a person appointed to the office of Senior President of Tribunals on a recommendation made under paragraph 2(3).
(2) The person ceases to be Senior President of Tribunals if he ceases to fall within paragraph 2(2)(b).
8 A person who holds the office of Senior President of Tribunals may at any time resign that office by giving the Lord Chancellor notice in writing to that effect.
9 (1) The Lord Chancellor, if satisfied by means of a medical certificate that a person holding the office of Senior President of Tribunals—
(a) is disabled by permanent infirmity from the performance of the duties of the office, and
(b) is for the time being incapacitated from resigning the office,
may, subject to sub-paragraph (2), by instrument under his hand declare the person to have vacated the office; and the instrument shall have the like effect for all purposes as if the person had on the date of the instrument resigned the office.
(2) A declaration under sub-paragraph (1) with respect to a person shall be of no effect unless it is made with the concurrence of—
(a) the Lord Chief Justice of England and Wales,
(b) the Lord President of the Court of Session, and
(c) the Lord Chief Justice of Northern Ireland.
Remuneration, allowances and expenses
10 The Lord Chancellor may pay to the Senior President of Tribunals such amounts (if any) as the Lord Chancellor may determine by way of—
(a) remuneration;
(b) allowances;
(c) expenses.
Oaths
11 (1) A person appointed to the office of Senior President of Tribunals must take the required oaths in the presence of—
(a) the Lord Chief Justice of England and Wales, or
(b) another holder of high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005 (c. 4)) who is nominated by the Lord Chief Justice of England and Wales for the purpose of taking the oaths from the person.
(2) Sub-paragraph (1) applies whether or not the person has previously taken the required oaths after accepting another office.
(3) In this paragraph “the required oaths” means—
(a) the oath of allegiance, and
(b) the judicial oath,
as set out in the Promissory Oaths Act 1868 (c. 72).
Part 4 Certain functions of the Senior President
Meaning of “tribunal member”
12 (1) For the purposes of this Part of this Schedule, each of the following is a “tribunal member”—
(a) a judge, or other member, of the First-tier Tribunal or Upper Tribunal,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges),
(d) a judge, or other member, of the Employment Appeal Tribunal, and
(e) a person who is, or is a member of, a tribunal in a list in Schedule 6 that has effect for the purposes of section 30.
(2) In this Part of this Schedule “tribunals” means—
(a) the First-tier Tribunal,
(b) the Upper Tribunal,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) employment tribunals,
(e) the Employment Appeal Tribunal, and
(f) any tribunal in a list in Schedule 6 that has effect for the purposes of section 30.
Representations to Parliament
13 The Senior President of Tribunals may lay before Parliament written representations on matters that appear to him to be matters of importance relating—
(a) to tribunal members, or
(b) otherwise to the administration of justice by tribunals.
Representation of views of tribunal members
14 The Senior President of Tribunals is responsible for representing the views of tribunal members to Parliament, to the Lord Chancellor and to Ministers of the Crown generally.