(1) “Indemnifiable amounts”, in relation to an authorised person, means—
(a) costs which the person reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of the person's duty as an authorised person,
(b) costs which the person reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,
(c) damages awarded against the person or costs ordered to be paid by the person in such proceedings, or
(d) sums payable by the person in connection with a reasonable settlement of such proceedings or such a claim.
(2) The Lord Chancellor must indemnify an authorised person in respect of indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, the person acted reasonably and in good faith.
(3) The Lord Chancellor may indemnify an authorised person in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith.
(4) Any question whether, or to what extent, an authorised person is to be indemnified under this section is to be determined by the Lord Chancellor.
(5) The Lord Chancellor may, if an authorised person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—
(a) costs such as are mentioned in subsection (1)(a) or (b), or
(b) sums such as are mentioned in subsection (1)(d),
before the costs are incurred or the settlement in connection with which the sums are payable is made.
(6) But a determination under subsection (5) before costs are incurred—
(a) is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and
(b) does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.
(7) In the application of this section to Scotland, references to costs are to be read as references to expenses.
(1) The Lord Chancellor may by order provide for a function of a scheduled tribunal to be transferred—
(a) to the First-tier Tribunal,
(b) to the Upper Tribunal,
(c) to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order,
(d) to the First-tier Tribunal to the extent specified in the order and to the Upper Tribunal to the extent so specified,
(e) to the First-tier Tribunal and the Upper Tribunal with the question as to which of them is to exercise the function in a particular case being determined by, or under, Tribunal Procedure Rules,
(f) to an employment tribunal,
(g) to the Employment Appeal Tribunal,
(h) to an employment tribunal and the Employment Appeal Tribunal with the question as to which of them is to exercise the function in a particular case being determined by a person under provisions of the order, or
(i) to an employment tribunal to the extent specified in the order and to the Employment Appeal Tribunal to the extent so specified.
(2) In subsection (1) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.
(3) The Lord Chancellor may, as respects a function transferred under subsection (1) or this subsection, by order provide for the function to be further transferred as mentioned in any of paragraphs (a) to (i) of subsection (1).
(4) An order under subsection (1) or (3) may include provision for the purposes of or in consequence of, or for giving full effect to, a transfer under that subsection.
(5) A function of a tribunal may not be transferred under subsection (1) or (3) if, or to the extent that, the provision conferring the function—
(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or
(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.
(6) Subsection (5) does not apply to—
(a) the Secretary of State's function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39),
(b) functions of the Consumer Credit Appeals Tribunal,
(c) the Secretary of State's function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38), or
(d) functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53) (but see subsection (7)).
(7) Functions of an adjudicator under section 5 of the Criminal Injuries Compensation Act 1995 (c. 53), so far as they relate to Scotland, may be transferred under subsection (1) or (3) only with the consent of the Scottish Ministers.
(8) A function of a tribunal may be transferred under subsection (1) or (3) only with the consent of the Welsh Ministers if any relevant function is exercisable in relation to the tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person).
(9) In subsection (8) “relevant function”, in relation to a tribunal, means a function which relates—
(a) to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or
(b) to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.
31 Transfers under section 30: supplementary powers
(1) The Lord Chancellor may by order make provision for abolishing the tribunal by whom a function transferred under section 30(1) is exercisable immediately before its transfer.
(2) The Lord Chancellor may by order make provision, where functions of a tribunal are transferred under section 30(1), for a person—
(a) who is the tribunal (but is not the Secretary of State), or
(b) who is a member of the tribunal, or
(c) who is an authorised decision-maker for the tribunal,
to (instead or in addition) be the holder of an office specified in subsection (3).
(3) Those offices are—
(a) transferred-in judge of the First-tier Tribunal,
(b) transferred-in other member of the First-tier Tribunal,
(c) transferred-in judge of the Upper Tribunal,
(d) transferred-in other member of the Upper Tribunal, and
(e) deputy judge of the Upper Tribunal.
(4) Where functions of a tribunal are transferred under section 30(1), the Lord Chancellor must exercise the power under subsection (2) so as to secure that each person who immediately before the end of the tribunal's life—
(a) is the tribunal,
(b) is a member of the tribunal, or
(c) is an authorised decision-maker for the tribunal,
becomes the holder of an office specified in subsection (3) with effect from the end of the tribunal's life (if the person is not then already the holder of such an office).
(5) Subsection (4) does not apply in relation to a person—
(a) by virtue of the person's being the Secretary of State, or
(b) by virtue of the person's being a Commissioner for the general purposes of the income tax;
and a reference in subsection (4) to the end of a tribunal's life is to when the tribunal is abolished or (without being abolished) comes to have no functions.
(6) For the purposes of this section, a person is an “authorised decision-maker” for a tribunal if—
(a) the tribunal is listed in column 1 of an entry in the following Table, and
(b) the person is of the description specified in column 2 of that entry.
(1) | (2)
Tribunal | Authorised decision-maker
Adjudicator to Her Majesty's Land Registry | Member of the Adjudicator's staff who is authorised by the Adjudicator to carry out functions of the Adjudicator which are not of an administrative character
The Secretary of State as respects his function of deciding appeals under section 41 of the Consumer Credit Act 1974 (c. 39) | Person who is a member of a panel under regulation 24 of the Consumer Credit Licensing (Appeals) Regulations 1998 (S.I. 1998/1203)
The Secretary of State as respects his function of deciding appeals under section 7(1) of the Estate Agents Act 1979 (c. 38) | Person appointed, at any time after 2005, under regulation 19(1) of the Estate Agents (Appeals) Regulations 1981 (S.I. 1981/1518) to hear an appeal on behalf of the Secretary of State
(7) Where a function of a tribunal is transferred under section 30(1), the Lord Chancellor may by order provide for procedural rules in force immediately before the transfer to have effect, or to have effect with appropriate modifications, after the transfer (and, accordingly, to be capable of being varied or revoked) as if they were—
(a) Tribunal Procedure Rules, or
(b) employment tribunal procedure regulations, or Appeal Tribunal procedure rules, within the meaning given by section 42(1) of the Employment Tribunals Act 1996 (c. 17).
(8) In subsection (7)—
“procedural rules” means provision (whether called rules or not)—
regulating practice or procedure before the tribunal, and
applying for purposes connected with the exercise of the function;
“appropriate modifications” means modifications (including additions and omissions) that appear to the Lord Chancellor to be necessary to secure, or expedient in connection with securing, that the procedural rules apply in relation to the exercise of the function after the transfer.
(9) The Lord Chancellor may, in connection with provision made by order under section 30 or the preceding provisions of this section, make by order such incidental, supplemental, transitional or consequential provision, or provision for savings, as the Lord Chancellor thinks fit, including provision applying only in relation to cases selected by a member—
(a) of the First-tier Tribunal,
(b) of the Upper Tribunal,
(c) of the Employment Appeal Tribunal, or
(d) of a panel of members of employment tribunals.
(10) Subsections (1), (2) and (7) are not to be taken as prejudicing the generality of subsection (9).
32 Power to provide for appeal to Upper Tribunal from tribunals in Wales
(1) Subsection (2) applies if—
(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England but is not transferred under section 30(1) in relation to Wales, or
(b) a function that is not exercisable in relation to Wales is transferred under section 30(1)(a), (c), (d) or (e) in relation to England and, although there is a corresponding function that is exercisable in relation to Wales, that corresponding function is not transferred under section 30(1) in relation to Wales.
(2) The Lord Chancellor may by order—
(a) provide for an appeal against a decision to be made to the Upper Tribunal instead of to the court to which an appeal would otherwise fall to be made where the decision is made in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b);
(b) provide for a reference of any matter to be made to the Upper Tribunal instead of to the court to which a reference would otherwise fall to be made where the matter arises in exercising, in relation to Wales, the function mentioned in subsection (1)(a) or (as the case may be) the corresponding function mentioned in subsection (1)(b).
(3) The Lord Chancellor may by order provide for an appeal against a decision of a scheduled tribunal to be made to the Upper Tribunal, instead of to the court to which an appeal would otherwise fall to be made, where the decision is made by the tribunal in exercising a function in relation to Wales.
(4) In subsection (3) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of that subsection.
(5) An order under subsection (2) or (3)—
(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;
(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
33 Power to provide for appeal to Upper Tribunal from tribunals in Scotland
(1) Subsection (2) applies if—
(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Scotland,
(b) an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and
(c) no appeal may be made against a corresponding decision made in exercising the function in relation to Scotland.
(2) The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.
(3) An order under subsection (2)—
(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;
(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
(4) An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.
34 Power to provide for appeal to Upper Tribunal from tribunals in Northern Ireland
(1) Subsection (2) applies if—
(a) a function is transferred under section 30(1)(a), (c), (d) or (e) in relation to England (whether or not also in relation to Wales) but is not transferred under section 30(1) in relation to Northern Ireland,
(b) an appeal may be made to the Upper Tribunal against any decision, or any decision of a particular description, made in exercising the transferred function in relation to England, and
(c) no appeal may be made against a corresponding decision made in exercising the function in relation to Northern Ireland.
(2) The Lord Chancellor may by order provide for an appeal against any such corresponding decision to be made to the Upper Tribunal.
(3) An order under subsection (2)—
(a) may include provision for the purposes of or in consequence of, or for giving full effect to, provision made by the order;
(b) may include such incidental, supplemental, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
(4) An order under subsection (2) does not cease to have effect, and power to vary or revoke the order does not cease to be exercisable, just because either or each of the conditions in subsection (1)(b) and (c) ceases to be satisfied in relation to the function and decisions concerned.
35 Transfer of Ministerial responsibilities for certain tribunals
(1) The Lord Chancellor may by order—
(a) transfer any relevant function, so far as that function is exercisable by a Minister of the Crown—
(i) to the Lord Chancellor, or
(ii) to two (or more) Ministers of the Crown of whom one is the Lord Chancellor;
(b) provide for any relevant function that is exercisable by a Minister of the Crown other than the Lord Chancellor to be exercisable by the other Minister of the Crown concurrently with the Lord Chancellor;
(c) provide for any relevant function that is exercisable by the Lord Chancellor concurrently with another Minister of the Crown to cease to be exercisable by the other Minister of the Crown.
(2) In this section “relevant function” means a function, in relation to a scheduled tribunal, which relates—
(a) to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or
(b) to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.
(3) In subsection (2) “scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.
(4) A relevant function may not be transferred under subsection (1) if, or to the extent that, the provision conferring the function—
(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or
(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.
(5) Subsection (4) does not apply to any relevant function of the Secretary of State—
(a) under section 41 of the Consumer Credit Act 1974 (c. 39) (appeals), or
(b) under section 7 of the Estate Agents Act 1979 (c. 38) (appeals).
(6) Any reference in subsection (1) to a Minister of the Crown includes a reference to a Minister of the Crown acting jointly.
(7) An order under subsection (1)—
(a) may relate to a function either wholly or in cases (including cases framed by reference to areas) specified in the order;
(b) may include provision for the purposes of, or in consequence of, or for giving full effect to, the transfer or (as the case may be) other change as regards exercise;
(c) may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit;
(d) may include provision for the transfer of any property, rights or liabilities of the person who loses functions or whose functions become shared with the Lord Chancellor.
(8) An order under subsection (1), so far as it—
(a) provides under paragraph (a) for the transfer of a function, or
(b) provides under paragraph (b) for a function to become exercisable by the Lord Chancellor, or
(c) provides under paragraph (c) for a function to cease to be exercisable by a Minister of the Crown other than the Lord Chancellor,
may not, after that transfer or other change has taken place, be revoked by another order under that subsection.
(9) Section 1 of the 1975 Act (power to transfer Ministerial functions) does not apply to a function of the Lord Chancellor—
(a) so far as it is a function transferred to the Lord Chancellor under subsection (1)(a),
(b) so far as it is a function exercisable by the Lord Chancellor as a result of provision under subsection (1)(b), or
(c) so far as it is a function that has become exercisable by the Lord Chancellor alone as a result of provision under subsection (1)(c).
(10) In this section—
“Minister of the Crown” has the meaning given by section 8(1) of the 1975 Act but includes the Commissioners for Her Majesty's Revenue and Customs;
“the 1975 Act” means the Ministers of the Crown Act 1975 (c. 26).
36 Transfer of powers to make procedural rules for certain tribunals
(1) The Lord Chancellor may by order transfer any power to make procedural rules for a scheduled tribunal to—
(a) himself, or
(b) the Tribunal Procedure Committee.
(2) A power may not be transferred under subsection (1) if, or to the extent that, the provision conferring the power—
(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or
(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.
(3) Subsection (2) does not apply to—
(a) power conferred by section 40A(3). . . of the Consumer Credit Act 1974 (c. 39) (power to make provision with respect to appeals), or
(b) power conferred by section 7(3) of the Estate Agents Act 1979 (c. 38) (duty of Secretary of State to make regulations with respect to appeals under section 7(1) of that Act).
(4) An order under subsection (1)(b)—
(a) may not alter any parliamentary procedure relating to the making of the procedural rules concerned, but
(b) may otherwise include provision for the purpose of assimilating the procedure for making them to the procedure for making Tribunal Procedure Rules.
(5) An order under subsection (1)(b) may include provision requiring the Tribunal Procedure Committee to make procedural rules for purposes notified to it by the Lord Chancellor.
(6) An order under this section—
(a) may relate to a power either wholly or in cases (including cases framed by reference to areas) specified in the order;
(b) may include provision for the purposes of or in consequence of, or for giving full effect to, the transfer;
(c) may include such incidental, supplementary, transitional or consequential provision or savings as the Lord Chancellor thinks fit.
(7) A power to make procedural rules for a tribunal that is exercisable by the Tribunal Procedure Committee by virtue of an order under this section must be exercised by the committee with a view to securing—
(a) that the system for deciding matters within the jurisdiction of that tribunal is accessible and fair,
(b) that proceedings before that tribunal are handled quickly and efficiently,
(c) that the rules are both simple and simply expressed, and
(d) that the rules where appropriate confer on persons who are, or who are members of, that tribunal responsibility for ensuring that proceedings before that tribunal are handled quickly and efficiently.
(8) In this section—
“procedural rules”, in relation to a tribunal, means provision (whether called rules or not) regulating practice or procedure before the tribunal;
“scheduled tribunal” means a tribunal in a list in Schedule 6 that has effect for the purposes of this section.
37 Power to amend lists of tribunals in Schedule 6
(1) The Lord Chancellor may by order amend Schedule 6—
(a) for the purpose of adding a tribunal to a list in the Schedule;
(b) for the purpose of removing a tribunal from a list in the Schedule;
(c) for the purpose of removing a list from the Schedule;
(d) for the purpose of adding to the Schedule a list of tribunals that has effect for the purposes of any one or more of sections 30, 32(3), 35 and 36.
(2) The following rules apply to the exercise of power under subsection (1)—
(a) a tribunal may not be added to a list, or be in an added list, if the tribunal is established otherwise than by or under an enactment;
(b) a tribunal established by an enactment passed or made after the last day of the Session in which this Act is passed must not be added to a list, or be in an added list, that has effect for the purposes of section 30;
(c) if any relevant function is exercisable in relation to a tribunal by the Welsh Ministers (whether by the Welsh Ministers alone, or by the Welsh Ministers jointly or concurrently with any other person), the tribunal may be added to a list, or be in an added list, only with the consent of the Welsh Ministers;
(d) a tribunal may be in more than one list.
(3) In subsection (2)(c) “relevant function”, in relation to a tribunal, means a function which relates—
(a) to the operation of the tribunal (including, in particular, its membership, administration, staff, accommodation and funding, and payments to its members or staff), or
(b) to the provision of expenses and allowances to persons attending the tribunal or attending elsewhere in connection with proceedings before the tribunal.
(4) In subsection (1) “tribunal” does not include an ordinary court of law.
(5) In this section “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
(1) Provision in an order under any of sections 30 to 36 may take the form of amendments, repeals or revocations of enactments.
(2) In this section “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
(3) Any power to extend enactments to a territory outside the United Kingdom shall have effect as if it included—
(a) power to extend those enactments as they have effect with any amendments and repeals made in them by orders under any of sections 30 to 36, and
(b) power to extend those enactments as if any amendments and repeals made in them under those sections had not been made.
(1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—
(a) the First-tier Tribunal,
(b) the Upper Tribunal,
(c) employment tribunals, and
(d) the Employment Appeal Tribunal, . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and that appropriate services are provided for those tribunals (referred to in this section and in sections 40 and 41 as “the tribunals”).
(2) Any reference in this section, or in section 40 or 41, to the Lord Chancellor's general duty in relation to the tribunals is to his duty under subsection (1).
(3) The Lord Chancellor must annually prepare and lay before each House of Parliament a report as to the way in which he has discharged his general duty in relation to the tribunals.
(1) The Lord Chancellor may appoint such staff as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.
(2) Subject to subsections (3) and (4), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.
(3) The Lord Chancellor may not enter into contracts for the provision of staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.
(4) The Lord Chancellor may not enter into contracts for the provision of staff to carry out the administrative work of the tribunals unless an order made by the Lord Chancellor authorises him to do so.
(5) Before making an order under subsection (4) the Lord Chancellor must consult the Senior President of Tribunals as to what effect (if any) the order might have on the proper and efficient administration of justice.
(6) An order under subsection (4) may authorise the Lord Chancellor to enter into contracts for the provision of staff to discharge functions—
(a) wholly or to the extent specified in the order,
(b) generally or in cases or areas specified in the order, and
(c) unconditionally or subject to the fulfilment of conditions specified in the order.
(1) The Lord Chancellor may provide, equip, maintain and manage such tribunal buildings, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.
(2) The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of tribunal buildings, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the tribunals.
(3) The powers under—
(a) section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and
(b) section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),
to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).
(4) In this section “tribunal building” means any place where any of the tribunals sits, including the precincts of any building in which it sits.
(1) The Lord Chancellor may by order prescribe fees payable in respect of—
(a) anything dealt with by the First-tier Tribunal,
(b) anything dealt with by the Upper Tribunal,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) anything dealt with by an added tribunal, and
(e) mediation conducted by staff appointed under section 40(1).
(2) An order under subsection (1) may, in particular, contain provision as to—
(a) scales or rates of fees;
(b) exemptions from or reductions in fees;
(c) remission of fees in whole or in part.
(3) In subsection (1)(d) “added tribunal” means a tribunal specified in an order made by the Lord Chancellor.
(4) A tribunal may be specified in an order under subsection (3) only if—
(a) it is established by or under an enactment, whenever passed or made, and
(b) is not an ordinary court of law.
(5) Before making an order under this section, the Lord Chancellor must consult—
(a) the Senior President of Tribunals, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The making of an order under subsection (1) requires the consent of the Treasury except where the order contains provision only for the purpose of altering amounts payable by way of fees already prescribed under that subsection.
(7) The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees under subsection (1) to the attention of persons likely to have to pay them.
(8) Fees payable under subsection (1) are recoverable summarily as a civil debt.
(9) Subsection (8) does not apply to the recovery in Scotland of fees payable under this section.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Each year the Senior President of Tribunals must give the Lord Chancellor a report covering, in relation to relevant tribunal cases—
(a) matters that the Senior President of Tribunals wishes to bring to the attention of the Lord Chancellor, and
(b) matters that the Lord Chancellor has asked the Senior President of Tribunals to cover in the report.
(2) The Lord Chancellor must publish each report given to him under subsection (1).
(3) In this section “relevant tribunal cases” means—
(a) cases coming before the First-tier Tribunal,
(b) cases coming before the Upper Tribunal,
(c) cases coming before the Employment Appeal Tribunal, . . . and
(d) cases coming before employment tribunals , . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46 Delegation of functions by Lord Chief Justice etc.
(1) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the provisions listed in subsection (2).
(2) The provisions are—
paragraphs 3(4) and 6(3)(a) of Schedule 2;
paragraphs 3(4) and 6(3)(a) of Schedule 3;
paragraphs 2(2) and 5(5) of Schedule 4;
paragraphs 21(2), 22, 24 and 25(2)(a) of Schedule 5.
(3) The Lord President of the Court of Session may nominate any of the following to exercise any of his functions under the provisions listed in subsection (4)—
(a) a judge who is a member of the First or Second Division of the Inner House of the Court of Session;
(b) the Senior President of Tribunals.
(4) The provisions are—
paragraphs 3(2) and 6(3)(b) of Schedule 2;
paragraphs 3(2) and 6(3)(b) of Schedule 3;
paragraphs 2(3) and 5(6) of Schedule 4;
paragraphs 23, 24, 25(2)(b) and (c) and 28(1)(b) of Schedule 5.
(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the provisions listed in subsection (6)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act);
(c) the Senior President of Tribunals.
(6) The provisions are—
paragraphs 3(3) and 6(3)(c) of Schedule 2;
paragraphs 3(3) and 6(3)(c) of Schedule 3;
paragraphs 2(4) and 5(7) of Schedule 4;
paragraphs 24 and 25(2)(c) of Schedule 5.
(7) In Schedules 2 to 4 “senior judge” means—
(a) the Lord Chief Justice of England and Wales,
(b) the Lord President of the Court of Session,
(c) the Lord Chief Justice of Northern Ireland, or
(d) the Senior President of Tribunals.
47 Co-operation in relation to judicial training, guidance and welfare
(1) Persons with responsibilities in connection with a courts-related activity, and persons with responsibilities in connection with the corresponding tribunals activity, must co-operate with each other in relation to the carrying-on of those activities.
(2) In this section “courts-related activity” and “corresponding tribunals activity” are to be read as follows—
(a) making arrangements for training of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for training of tribunal members;
(b) making arrangements for guidance of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for guidance of tribunal members;
(c) making arrangements for the welfare of judiciary of a territory is a courts-related activity, and the corresponding tribunals activity is making arrangements for the welfare of tribunal members.
(3) Subsection (1) applies to a person who has responsibilities in connection with a courts-related activity only if—
(a) the person is the chief justice of the territory concerned, or
(b) what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the chief justice of that territory.
(4) Subsection (1) applies to a person who has responsibilities in connection with a corresponding tribunals activity only if—
(a) the person is the Senior President of Tribunals or the President of Welsh Tribunals, or
(b) what the person does in discharging those responsibilities is done (directly or indirectly) on behalf of the Senior President of Tribunals or the President of Welsh Tribunals.
(5) For the purposes of this section—
(a) “territory” means—
(i) England and Wales,
(ii) Scotland, or
(iii) Northern Ireland;
(b) the “chief justice”—
(i) of England and Wales is the Lord Chief Justice of England and Wales,
(ii) of Scotland is the Lord President of the Court of Session, and
(iii) of Northern Ireland is the Lord Chief Justice of Northern Ireland;
(c) a person is a “tribunal member” if the person is—
(i) a judge, or other member, of the First-tier Tribunal or Upper Tribunal,
(ii) a judge, or other member, of the Employment Appeal Tribunal, or
(iii) a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges), . . .
(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., or
(v) a judge, or other member, of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals).
48 Consequential and other amendments, and transitional provisions
(1) Schedule 8, which makes—
amendments consequential on provisions of this Part, and
other amendments in connection with tribunals and inquiries,
has effect.
(2) Schedule 9, which contains transitional provisions, has effect.
49 Orders and regulations under Part 1: supplemental and procedural provisions
(1) Power—
(a) of the Lord Chancellor to make an order, or regulations, under this Part,
(b) of the Senior President of Tribunals to make an order under section 7(9), or
(c) of the Scottish Ministers, or the Welsh Ministers, to make an order under paragraph 25(2) of Schedule 7,
is exercisable by statutory instrument.
(2) The Statutory Instruments Act 1946 (c. 36) shall apply in relation to the power to make orders conferred on the Senior President of Tribunals by section 7(9) as if the Senior President of Tribunals were a Minister of the Crown.
(3) Any power mentioned in subsection (1) includes power to make different provision for different purposes.
(4) Without prejudice to the generality of subsection (3), power to make an order under section 30 or 31 includes power to make different provision in relation to England, Scotland, Wales and Northern Ireland respectively.
(5) None of the orders or regulations mentioned in subsection (6) may be made unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.
(6) The orders and regulations are—
(a) an order under section 11(8), 13(6) or (14), 30, 31(1), 32, 33, 34, 35, 36, 37 or 42(3);
(aa) regulations under section 29D(4);
(b) an order under paragraph 15 of Schedule 4;
(c) an order under section 42(1)(a) to (d) that provides for fees to be payable in respect of things for which fees have never been payable;
(d) an order under section 31(2), (7) or (9), or paragraph 30(1) of Schedule 5, that contains provision taking the form of an amendment or repeal of an enactment comprised in an Act.
(7) A statutory instrument that—
(a) contains—
(i) an order mentioned in subsection (8), or
(ii) regulations under Part 3 of Schedule 9, and
(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(8) Those orders are—
(a) an order made by the Lord Chancellor under this Part;
(b) an order made by the Senior President of Tribunals under section 7(9).
(9) A statutory instrument that contains an order made by the Scottish Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(10) A statutory instrument that contains an order made by the Welsh Ministers under paragraph 25(2) of Schedule 7 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(1) Subsection (2) applies for the purposes of any statutory provision that—
(a) relates to an office or other position, and
(b) refers to a person who satisfies the judicial-appointment eligibility condition on an N-year basis (where N is the number stated in the provision).
(2) A person satisfies that condition on an N-year basis if—
(a) the person has a relevant qualification, and
(b) the total length of the person's qualifying periods is at least N years.
(3) In subsection (2) “qualifying period”, in relation to a person, means a period during which the person—
(a) has a relevant qualification, and
(b) gains experience in law (see section 52).
(4) For the purposes of subsections (2) and (3), a person has a relevant qualification if the person—
(a) is a solicitor or a barrister (but see section 51), or
(b) holds a qualification that under section 51(1) is a relevant qualification in relation to the office, or other position, concerned.
(5) In this section—
“barrister” means barrister in England and Wales;
“solicitor” means solicitor of the Senior Courts of England and Wales;
“statutory provision” means—
a provision of an Act, or
a provision of subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 (c. 30)).
(6) Schedule 10, which makes amendments—
for the purpose of substituting references to satisfying the judicial-appointment eligibility condition in place of references to having a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c. 41),
for the purpose of reducing qualifying periods for eligibility for appointment to certain judicial offices from ten and seven years to seven and five years respectively, and
for connected purposes,
has effect.
(7) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in subsection (5) is to be read as a reference to the Supreme Court.
51 “Relevant qualification” in section 50: further provision
(1) The Lord Chancellor may by order provide for a qualification specified in the order to be a relevant qualification for the purposes of section 50(2) and (3) in relation to an office or other position specified in the order.
(2) awarded by a body which, for the purposes of the Legal Services Act 2007, is an approved regulator in relation to the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).
(3) An order under subsection (1) may, in relation to a qualification specified in the order, include provision as to when a person who holds the qualification is, for the purposes of section 50, to be taken first to have held it.
(4) Where—
(a) a qualification is specified under subsection (1),
(b) the qualification is one awarded by a body such as is mentioned in subsection (2), and
(c) , for the purposes of the Legal Services Act 2007, the body—
(i) is not an approved regulator in relation to the exercise of a right of audience (within the meaning of that Act), and
(ii) is not an approved regulator in relation to the conduct of litigation (within the meaning of that Act),
the provision under subsection (1) specifying the qualification ceases to have effect, subject to any provision made under section 46 of the Legal Services Act 2007 (transitional etc. provision in consequence of cancellation of designation as approved regulator)..
(5) For the purposes of section 50 and this section, a person shall be taken first to become a solicitor when the person's name is entered on the roll kept under section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all solicitors) for the first time after the person's admission as a solicitor.
(6) For the purposes of section 50 and this section, a person shall be taken first to become a barrister—
(a) when the person completes pupillage in connection with becoming a barrister, or
(b) in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.
(7) For the purposes of section 50—
(a) a barrister,
(b) a solicitor, or
(c) a person who holds a qualification specified under subsection (1),
shall be taken not to have a relevant qualification at times when, as a result of disciplinary proceedings, he is prevented from practising as a barrister or (as the case may be) as a solicitor or as a holder of the specified qualification.
(8) The Lord Chancellor may by order make provision supplementing or amending subsections (5) to (7).
(9) Before making an order under subsection (1) or (8), the Lord Chancellor must consult—
(a) the Lord Chief Justice of England and Wales, and
(b) the Judicial Appointments Commission.
(10) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise his function under subsection (9)(a).
(11) In this section—
“barrister” means barrister in England and Wales;
“solicitor” means solicitor of the Senior Courts of England and Wales.
(12) Power to make an order under this section is exercisable by statutory instrument.
(13) An order under this section may make different provision for different purposes.
(14) No order may be made under this section unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.
(15) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in subsection (11) is to be read as a reference to the Supreme Court.
52 Meaning of “gain experience in law” in section 50
(1) This section applies for the purposes of section 50.
(2) A person gains experience in law during a period if the period is one during which the person is engaged in law-related activities.
(3) For the purposes of subsection (2), a person's engagement in law-related activities during a period is to be disregarded if the engagement is negligible in terms of the amount of time engaged.
(4) For the purposes of this section, each of the following is a “law-related activity”—
(a) the carrying-out of judicial functions of any court or tribunal;
(b) acting as an arbitrator;
(c) practice or employment as a lawyer;
(d) advising (whether or not in the course of practice or employment as a lawyer) on the application of the law;
(e) assisting (whether or not in the course of such practice) persons involved in proceedings for the resolution of issues arising under the law;
(f) acting (whether or not in the course of such practice) as mediator in connection with attempts to resolve issues that are, or if not resolved could be, the subject of proceedings;
(g) drafting (whether or not in the course of such practice) documents intended to affect persons' rights or obligations;
(h) teaching or researching law;
(i) any activity that, in the relevant decision-maker's opinion, is of a broadly similar nature to an activity within any of paragraphs (a) to (h).
(5) For the purposes of this section, an activity mentioned in subsection (4) is a “law-related activity” whether it—
(a) is done on a full-time or part-time basis;
(b) is or is not done for remuneration;
(c) is done in the United Kingdom or elsewhere.
(6) In subsection (4)(i) “the relevant decision-maker”, in relation to determining whether a person satisfies the judicial-appointment eligibility condition on an N-year basis in a particular case, means—
(a) where the condition applies in respect of appointment by Her Majesty to an office or other position, the person whose function it is to recommend the exercise of Her Majesty's function of making appointments to that office or position;
(b) where the condition applies in respect of appointment, by any person other than Her Majesty, to an office or other position, that person.
(7) In subsection (6) “appointment”, in relation to an office or position, includes any form of selection for that office or position (whether called appointment or selection, or not).
53 Transfer from salaried to fee-paid judicial office
(1) The Constitutional Reform Act 2005 (c. 4) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After section 85(2) (restriction on recommendations and appointments) insert—
(2A) This section is subject to—
(a) section 30(4) of the Courts-Martial (Appeals) Act 1951,
(b) sections 91(1ZB) and 102(1C) of the Supreme Court Act 1981,
(c) section 8(1ZC) of the County Courts Act 1984, and
(d) sections 94A and 94B below.
(4) After section 85(3) (power to amend Schedule 14) add—
(4) The Lord Chancellor may by order amend section 94A or 94B if he thinks that the amendment is consequential on an amendment made to Schedule 14 by an order under subsection (3).
(5) Section 97 (Scotland and Northern Ireland) is amended as follows.
(6) In subsection (1)—
(a) for “This section applies” substitute “ Subsections (2) and (3) apply ”, and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) After subsection (3) add—
(4) Subsections (2) and (3) apply to the reference in section 94A(1) to the Lord Chancellor obtaining the concurrence of the Lord Chief Justice as they apply to a reference in a provision specified in subsection (1) to the Lord Chancellor consulting the Lord Chief Justice.
(5) The Lord President of the Court of Session may nominate any of the following to exercise his function under section 94A(1)(b)—
(a) a judge who is a member of the First or Second Division of the Inner House of the Court of Session;
(b) the Senior President of Tribunals.
(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his function under section 94A(1)(b)—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b) a Lord Justice of Appeal (as defined in section 88 of that Act);
(c) the Senior President of Tribunals.
54 Continuation of judicial office after normal retirement date
(1) Section 26 of the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement date for holders of certain judicial offices etc.) is amended as follows.
(2) In subsection (12), in the definition of “the appropriate person”, after paragraph (c) insert
;
(d) the Senior President of Tribunals in the case of a person who holds a judicial office that—
(i) is specified in subsection (12A) below, and
(ii) is not in the person's case an office to which any of paragraphs (a) to (c) above applies;
(e) the Lord Chief Justice of England and Wales in the case of a person who holds a judicial office that is not in the person's case an office to which any of paragraphs (a) to (d) applies;
.
(3) After subsection (12) insert—
(12A) The judicial offices mentioned in paragraph (d) of the definition of “appropriate person” in subsection (12) above are—
(a) Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal;
(b) judge, or other member, of the First-tier Tribunal or of the Upper Tribunal appointed under paragraph 1(1) or 2(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”);
(c) deputy judge of the Upper Tribunal appointed under paragraph 7(1) of Schedule 3 to the 2007 Act, except in a case where the holding of the office by the person in question falls within subsection (7)(ga) above;
(d) transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of the 2007 Act);
(e) deputy judge of the Upper Tribunal by virtue of an order under section 31(2) of the 2007 Act;
(f) an office held by a person if the person's holding of the office results in the person being a member of, or person who is, a tribunal in a list in Schedule 6 to the 2007 Act that has effect for the purposes of section 30 of that Act (but only if the office is specified in Schedule 5 to this Act);
(g) President or other member of the Asylum and Immigration Tribunal;
(h) member of the Employment Appeal Tribunal appointed under section 22(1)(c) of the Employment Tribunals Act 1996;
(i) member of a panel of chairmen of employment tribunals.
(12B) Neither paragraph (d) nor paragraph (e) of the definition of “appropriate person” in subsection (12) above applies to an office held by a person if provision about that person's continuation in the office after the compulsory retirement date for the office—
(a) would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, or
(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.
(4) In subsection (13) (Lord Chief Justices to exercise functions under section with concurrence of Lord Chancellor), after “Northern Ireland” insert “ or the Senior President of Tribunals ”.
In section 24(1) of the Courts Act 1971 (c. 23) (appointment of deputy Circuit judges and assistant recorders) for paragraph (a) substitute—
(a) the Lord Chancellor may, with the concurrence of the Lord Chief Justice, appoint to be a deputy Circuit judge, during such period or on such occasions as the Lord Chancellor thinks fit, any person who has held office as a judge of the Court of Appeal or of the High Court or as a Circuit judge;
.
Schedule 11 (which makes amendments to the Supreme Court Act 1981 (c. 54) and the County Courts Act 1984 (c. 28) in connection with the appointment and assignment of deputy district judges and the assignment of district judges) has effect.
(1) Section 91 of the Supreme Court Act 1981 (which provides for persons to be appointed as deputies for holders of, or as temporary additional officers in, certain judicial offices) is amended as set out in subsections (2) to (5).
(2) In subsection (1)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for “the Lord Chief Justice may, after consulting the Lord Chancellor,” substitute “ the Lord Chancellor may ”.
(3) After subsection (1) insert—
(1ZA) The Lord Chancellor may not appoint a holder of relevant office under subsection (1) without the concurrence of the Lord Chief Justice.
(1ZB) Section 85 of the Constitutional Reform Act 2005 (selection of certain office holders) does not apply to an appointment to which subsection (1ZA) applies.
(1ZC) In this section a “holder of relevant office” means a person who holds, or has held within two years ending with the date when his appointment under this section takes effect—
(a) any office listed in column 1 of Part 2 or 3 of Schedule 2, or
(b) the office of district judge.
(4) For subsection (3) substitute—
(3) An appointment under this section may extend until the day on which a person attains the age of seventy-five years if it is an appointment of a holder of relevant office.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In section 92(1) of the Supreme Court Act 1981 after “this section” insert “ , to section 91(3) ”.
(7) In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the procedure in sections 86 to 93, and section 96, of that Act applies), after the entry for an assistant recorder appointed under section 24(1) of the Courts Act 1971 (c. 23), insert the following entry—
Person appointed by the Lord Chancellor as a deputy for a holder of, or as a temporary additional officer in, an office listed in column 1 of Part 2 of Schedule 2 to the Supreme Court Act 1981 | Section 91(1) of the Supreme Court Act 1981, unless subsection (1ZA) of that section applies to the appointment
59 Members and chairmen of certain Appeals Commissions
In Part 3 of Schedule 14 to the Constitutional Reform Act 2005 (c. 4) (which lists appointments to certain offices in relation to which the procedure in sections 86 to 93, and section 96, of that Act applies), omit the entries relating to—
Member of the Special Immigration Appeals Commission (appointed under paragraph 1(1) of Schedule 1 to the Special Immigration Appeals Commission Act 1997 (c. 68));
Chairman of the Special Immigration Appeals Commission (appointed under paragraph 2 of that Schedule);
Member of the Proscribed Organisations Appeal Commission (appointed under paragraph 1(1) of Schedule 3 to the Terrorism Act 2000 (c. 11));
Chairman of the Proscribed Organisations Appeal Commission (appointed under paragraph 1(2) of that Schedule);
Member of the Pathogens Access Appeal Commission (appointed under paragraph 1(1) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (c. 24));
Chairman of the Pathogens Access Appeal Commission (appointed under paragraph 1(2) of that Schedule).
61 Orders permitting disclosures to Judicial Appointments Commission
In section 90(5)(a) of the Justice (Northern Ireland) Act 2002 (c. 26) (which provides that certain orders under that Act are subject to annulment in pursuance of a resolution of either House of Parliament), after “section 2(2)(a) or (c),” insert “ 5A(6), ”.
(1) Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).
(2) The power conferred by a writ or warrant of control to recover a sum of money, and any power conferred by a writ or warrant of possession or delivery to take control of goods and sell them to recover a sum of money, is exercisable only by using that procedure.
(3) Schedule 13—
(a) amends some powers previously called powers to distrain, so that they become powers to use that procedure;
(b) makes other amendments relating to Schedule 12 and to distress or execution.
(4) The following are renamed—
(a) writs of fieri facias, except writs of fieri facias de bonis ecclesiasticis, are renamed writs of control;
(b) warrants of execution are renamed warrants of control;
(c) warrants of distress, unless the power they confer is exercisable only against specific goods, are renamed warrants of control.
(1) This section and section 64 apply for the purposes of Schedule 12.
(2) An individual may act as an enforcement agent only if one of these applies—
(a) he acts under a certificate under section 64;
(b) he is exempt;
(c) he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.
(3) An individual is exempt if he acts in the course of his duty as one of these—
(a) a constable;
(b) an officer of Revenue and Customs;
(ba) a person authorised to use the procedure in Schedule 12 by the Welsh Revenue Authority (or by a person to whom the Welsh Revenue Authority has delegated the function of authorising the use of the procedure);
(c) a person appointed under section 2(1) of the Courts Act 2003 (c. 39) (court officers and staff).
(4) An individual is exempt if he acts in the course of his duty as an officer of a government department.
(5) For the purposes of an enforcement power conferred by a warrant, an individual is exempt if in relation to the warrant he is a civilian enforcement officer, as defined in section 125A of the Magistrates' Courts Act 1980 (c. 43).
(6) A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).
(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A certificate may be issued under this section by a judge of the county court.
(2) The Lord Chancellor must make regulations about certificates under this section.
(3) The regulations may in particular include provision—
(a) for fees to be charged for applications;
(b) for certificates to be issued subject to conditions, including the giving of security;
(c) for certificates to be limited to purposes specified by or under the regulations;
(d) about complaints against holders of certificates;
(e) about suspension and cancellation of certificates;
(f) to modify or supplement Schedule 12 for cases where a certificate is suspended or cancelled or expires;
(g) requiring courts to make information available relating to certificates.
(4) A certificate under section 7 of the Law of Distress Amendment Act 1888 (c. 21) which is in force on the coming into force of this section has effect as a certificate under this section, subject to any provision made by regulations.
(1) This Chapter replaces the common law rules about the exercise of the powers which under it become powers to use the procedure in Schedule 12.
(2) The rules replaced include—
(a) rules distinguishing between an illegal, an irregular and an excessive exercise of a power;
(b) rules that would entitle a person to bring proceedings of a kind for which paragraph 66 of Schedule 12 provides (remedies available to the debtor);
(c) rules of replevin;
(d) rules about rescuing goods.
Where—
(a) by any provision of this Part a power becomes a power to use the procedure in Schedule 12, and
(b) before the commencement of that provision, goods have been distrained or executed against, or made subject to a walking possession agreement, under the power,
this Part does not affect the continuing exercise of the power in relation to those goods.
In section 85(2) of the County Courts Act 1984 (c. 28) (under which writs of control give the district judge, formerly called the registrar, power to execute judgments or orders for payment of money) for “the registrar shall be” substitute “ any person authorised by or on behalf of the Lord Chancellor is ”.
In the Magistrates' Courts Act 1980 (c. 43) after section 125 insert—
Warrants of control
125ZA (1) This section applies to a warrant of control issued by a justice of the peace.
(2) The person to whom it is directed must endorse the warrant as soon as possible after receiving it.
(3) For the purposes of this section a person endorses a warrant by inserting on the back the date and time when he received it.
(4) No fee may be charged for endorsing a warrant under this section.
For section 99 of the County Courts Act 1984 substitute—
Endorsement of warrants of control etc.
99 (1) This section applies to—
(a) a warrant of control issued under section 85(2);
(b) a warrant of delivery or of possession, but only if it includes a power to take control of and sell goods to recover a sum of money and only for the purposes of exercising that power.
(2) The person to whom the warrant is directed must, as soon as possible after receiving it, endorse it by inserting on the back the date and time when he received it.
(3) No fee may be charged for endorsing a warrant under this section.