Tribunals, Courts And Enforcement Act 2007
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The Tribunals, Courts and Enforcement Act 2007 (c. 15) is an act of the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures. Part 1 provides a scheme for radical overhaul of the
tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a singl ...
system in the UK, creating a new unified structure with two new tribunals to embrace the former fragmented scheme, along with a Senior President of Tribunals. Part 2 defines new criteria for appointment as a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
, generally reducing the length of experience required with the aim of increasing
diversity Diversity, diversify, or diverse may refer to: Business *Diversity (business), the inclusion of people of different identities (ethnicity, gender, age) in the workforce *Diversity marketing, marketing communication targeting diverse customers * ...
in the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. Part 3 creates a new system of taking control of goods in order to enforce
judgment Judgement (or judgment) is the evaluation of given circumstances to make a decision. Judgement is also the ability to make considered decisions. In an informal context, a judgement is opinion expressed as fact. In the context of a legal trial ...
s and abolishes ancient
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
writ In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...
s and remedies such as '' fieri facias'', ''
replevin Replevin () or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin ...
'' and distress for rent. It introduces a modern system of 'certified enforcement agents' and 'exempted enforcement agents' which includes civil servants such as court officers and County Court bailiffs, civilian enforcement officers and police officers. Part 4 makes some changes to attachment of earnings and
charging order A charging order, in English law, is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any stocks or funds or shares in a limited liability company or land stands charged with the pa ...
s to make recovery of debts more straightforward. Part 5 makes some changes to
insolvency In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
practice in order to provide low-cost protection for people who have previously been excluded owing to their small debts and lack of assets. Part 6 provides protection from seizure for foreign
antiquities Antiquities are objects from antiquity, especially the civilizations of the Mediterranean such as the Classical antiquity of Greece and Rome, Ancient Egypt, and the other Ancient Near Eastern cultures such as Ancient Persia (Iran). Artifact ...
and artefacts on display in the UK and whose
provenance Provenance () is the chronology of the ownership, custody or location of a historical object. The term was originally mostly used in relation to works of art, but is now used in similar senses in a wide range of fields, including archaeology, p ...
is alleged to be broken by misappropriation. Such artefacts can only be seized on a
court order A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying o ...
that was compelled by a Community obligation or a
treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
obligation.


Tribunals and inquiries

These provisions started to come into force on 19 September 2007. Though , no dates have been set for completing the process, the first tribunals under the new system are planned to sit from 3 November 2008.Tribunals, Courts and Enforcement Act 2007 (Commencement No.1) Order 2007
SI 2007/2709
/ref>Tribunals, Courts and Enforcement Act 2007 (Commencement No.2) Order 2007
SI 2007/3613
/ref>Tribunals, Courts and Enforcement Act 2007 (Commencement No.3) Order 2008
SI 2008/749
/ref>Tribunals, Courts and Enforcement Act 2007 (Commencement No.4) Order 2008
SI 2008/1158
/ref>Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008
SI 2008/1653
/ref>


Background

In the UK,
tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a singl ...
s have been created on an ''ad hoc'' basis to perform various
judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
functions, for example Employment Tribunals and Asylum and Immigration Tribunals. The tribunals' members were a mixture of
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s,
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
s,
expert An expert is somebody who has a broad and deep understanding and competence in terms of knowledge, skill and experience through practice and education in a particular field or area of study. Informally, an expert is someone widely recognized ...
s and laypeople, and were regulated by various government departments and bodies. Though these tribunals were supervised by, and had rights of
appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
within, the Courts of the United Kingdom, reform was recommended to create a unified and simplified structure, better integrated into the courts system.


New tribunal structure

Section 1 of the act recognises legally qualified members of tribunals as members of the
judiciary of the United Kingdom The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commissi ...
who are guaranteed continued
judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
(s. 1). Section 3 of the act creates two new tribunals to which existing
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s will be transferred, a
First-tier Tribunal The First-tier Tribunal is a first-instance general tribunal in the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since t ...
and an Upper Tribunal. The tribunals are divided into several chambers, each to bring together a single subject matter, for example
employment Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...
. Some tribunals will still lie outside the new system. All legally-qualified members will take the title of judge. There will be a right of appeal on a
question of law In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evide ...
from the First-tier to the Upper Tribunal and some limited jurisdiction for
judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
. The Upper Tribunal will be a senior
court of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record ...
. There is a right of appeal to the
Court of Appeal of England and Wales The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ...
, Court of Appeal in Northern Ireland or
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
(Scotland) (s. 13). The first chambers within the First-tier Tribunal were planned to start sitting on 3 November 2008. The act replaces the Council on Tribunals with an Administrative Justice and Tribunals Council and creates the office of Senior President of Tribunals, to be appointed by the
Queen Queen most commonly refers to: * Queen regnant, a female monarch of a kingdom * Queen consort, the wife of a reigning king * Queen (band), a British rock band Queen or QUEEN may also refer to: Monarchy * Queen dowager, the widow of a king * Q ...
on the recommendation of the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
. (s.2/ Sch.1). Chambers will be created flexibly by the Lord Chancellor in consultation with the Senior President of Tribunals and each will have its own Chamber President (s. 7/ Sch. 4). Tribunal judgments will carry a right to a warrant of execution or entry on the Register of Judgments, Orders and Fines and will no longer require to be registered in the County Court or High Court (s. 27).


Judicial appointments

These provisions started to come into force on 19 September 2007 and implementation was completed on 21 July 2008.


Background

In 2004, the Department of Constitutional Affairs consulted on means of increasing
diversity Diversity, diversify, or diverse may refer to: Business *Diversity (business), the inclusion of people of different identities (ethnicity, gender, age) in the workforce *Diversity marketing, marketing communication targeting diverse customers * ...
among the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
in the UK. They concluded that the qualifications required to serve as a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
were a barrier to a broader judiciary and recommended that they be varied, in particular by shortening the period of legal practice demanded before seeking office. However, the consultation recognised the anomaly that a
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
or
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
could seek office after a certain period of qualification, even had they never practised.


The judicial-appointment eligibility condition

The Act creates a judicial-appointment eligibility condition that a person (s.50(2)-(3)): *Holds a relevant qualification; and *Has gained experience in law for a specified period while holding a relevant qualification Relevant qualification is as a barrister or solicitor (s. 50) though the Lord Chancellor can extend this to members of the Institute of Legal Executives or other bodies (s. 51). The specified periods for which a relevant qualification must be held are generally reduced to five or seven years from the previous respective seven or ten (Sch. 10). In particular, qualification for appointment as a District Judge requires five years' experience and, as a Circuit Judge, seven years. Experience in law can be (s. 52): *Judicial functions of any court or tribunal; *Acting as an arbitrator; *Practice or employment as a
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
; *Advising on the application of the law; *Assisting persons involved in proceedings for the resolution of issues arising under the law; *Acting as a mediator; *Drafting documents intended to affect persons' rights or obligations; *Teaching or researching law; *Other activities of a broadly similar nature. Sections 53-59 make various changes to the rules for appointing judges while section 60 requires that the chairman of the
Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
is a judge of the
High Court of England and Wales The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
or the
Court of Appeal of England and Wales The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ...
.


Enforcement by taking control of goods

no dates have been set for the coming into force of these provisions.


Background

The previous system of warrants of execution and
writ In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...
s of '' fieri facias'' was increasingly considered as cumbersome, confusing and old-fashioned. Further, general concern about unlawful, violent and threatening behaviour by
bailiff A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary. Another official sometimes referred to as a '' ...
s led to a Department for Constitutional Affairs
White Paper A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. Since the 199 ...
proposing modernisation and regulation.


Distress for rent

Section 71 abolishes the ancient
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
self-help Self-help or self-improvement is "a focus on self-guided, in contrast to professionally guided, efforts to cope with life problems" —economically, physically, intellectually, or emotionally—often with a substantial psychological basis. When ...
remedy of distress for rent, replacing it, solely for
lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
s on
commercial property Commercial property, also called commercial real estate, investment property or income property, is real estate (buildings or land) intended to generate a Profit (economics), profit, either from capital gains or Renting, rental income. Commercial ...
, by a statutory system of Commercial Rent Arrears Recovery (CRAR) (ss. 72-87/ Sch. 14).


Enforcing judgments against goods

Writs of ''fieri facias'' are renamed writs of control. Warrants of execution and warrants of distress are renamed warrants of control. Writs of '' fieri facias de bonis ecclesiasticis'' are unaffected. (s. 62). Section 65 abolishes the common law rules concerning: *Distinctions between an illegal, an irregular and an excessive exercise of a power; *Remedies available to the
debtor A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this ...
; *''
Replevin Replevin () or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin ...
''; and *Rescuing goods. Schedules 12 and 13 create a new process of
taking control of goods Taking control of goods, formerly called Walking Possession, refers to the legal practice in the United Kingdom under which a bailiff takes possession of the goods of a defaulting debtor, but does not remove the goods. After a bailiff has gaine ...
.


Enforcement agents

The Act replaces the ancient office of bailiff with that of enforcement agent ( County Court bailiffs are still referred to as such). Section 63 of the Act restricts the role of enforcement agent to an individual who: *Acts under a certificate under the Act. Certificates can be issued by various judges and the Lord Chancellor has the power to make regulations for the granting of certificates (s. 64). *Is exempt because he acts in the course of his duty as: **A
constable A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions. ''Constable'' is commonly the rank of an officer within a police service. Other peo ...
; **An officer of
HM Revenue and Customs His Majesty's Revenue and Customs (commonly HM Revenue and Customs, or HMRC, and formerly Her Majesty's Revenue and Customs) is a department of the UK government responsible for the collection of taxes, the payment of some forms of stat ...
; **A person appointed under section 2(1) of the Courts Act 2003 (court officers and staff); *Acts in the presence or under the direction of one of the above; *Is exempt because he acts in the course of his duty as an officer of a government department. Otherwise, a person who knowingly or recklessly purports to act as an enforcement agent is guilty of a
summary offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...
and, on conviction, can be
fine Fine may refer to: Characters * Fran Fine, the title character of ''The Nanny'' * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (p ...
d up to level 5 on the
standard scale The standard scale is a system in Commonwealth of Nations, Commonwealth law whereby financial Criminal law, criminal penalties (Fine (penalty), fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it nec ...
(s. 63(6) -(7)).


Enforcement of judgments and orders

, no date is fixed for the coming into force of these provisions.


Background

Various problems were perceived to persist with the availability, quality and reliability of financial information from debtors. Attachment of earnings orders required the debtor to certify their own
income Income is the consumption and saving opportunity gained by an entity within a specified timeframe, which is generally expressed in monetary terms. Income is difficult to define conceptually and the definition may be different across fields. F ...
and this was frequently misstated.
Charging order A charging order, in English law, is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any stocks or funds or shares in a limited liability company or land stands charged with the pa ...
s could not be made unless the debtor was in arrears with payments against the debt. This situation was perceived as offering opportunities for the debtor to dispose of valuable property while making modest instalments in the short term. Information hearings under Part 71 of the
Civil Procedure Rules The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Court in civi ...
were widely perceived as ineffective.


Attachment of earnings orders

Section 91 and Schedule 15 amend the Attachment of Earnings Act 1971 to allow deductions to be made on the basis of a fixed rate, similar to the scheme already used for Council Tax arrears. Section 92 amends the 1971 Act to give the court the power to seek information on the details of a debtor's current employer from HM Revenue and Customs.


Charging orders

Section 93 amends the
Charging Orders Act 1979 Charging may refer to: * Charging (ice hockey), when a player takes more than three steps before checking an opposing player * Battery charger, a device used to put energy into a rechargeable battery * Charging station, a device used for recharging ...
to enable charging orders to be made even though the debtor is not in arrears of an order for payment of the debt by instalments. However, sale can only be ordered if instalments are missed. Section 94 gives the Lord Chancellor the power to make regulations setting minimum limits on the value of debts where these provisions can be used to prevent their being invoked unfairly or vexatiously.


Information requests and orders

Sections 95 to 105 establish a system of applications for information whereby a creditor can apply to the court for an information order to obtain information about the debtor's means from the
Department for Work and Pensions The Department for Work and Pensions (DWP) is a Departments of the Government of the United Kingdom, ministerial department of the Government of the United Kingdom. It is responsible for welfare spending, welfare, pensions and child maintenance ...
, HM Revenue and Customs, and third parties such as
bank A bank is a financial institution that accepts Deposit account, deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital m ...
s and
credit reference agencies A credit bureau is a data collection agency that gathers account information from various creditors and provides that information to a consumer reporting agency in the United States, a credit reference agency in the United Kingdom, a credit report ...
.


Debt management and relief

, no date is fixed for the coming into force of these provisions.


Background

Consultation by the Department for Constitutional Affairs suggested that some people, especially those with small debts and few
asset In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that can b ...
s, were excluded from the existing schemes for
insolvency In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
protection. In particular, the schemes of
Administration Order As a legal concept, administration is a procedure under the insolvency laws of a number of common law jurisdictions, similar to bankruptcy in the United States. It functions as a rescue mechanism for insolvent entities and allows them to carry on ...
s (AOs) and Enforcement Restriction Orders (EROs) were seen to be deficient.


AOs, EROs and DROs

The act makes changes to the schemes for AOs and EROs so that they are available to a broader class of people in financial difficulties (ss. 106-107/ Sch. 16). Section 108 and Schedules 17 to 20 amend the
Insolvency Act 1986 The Insolvency Act 1986 (c. 45) is an act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication ...
to create a new instrument of debt relief order (DRO). DROs are a low-cost scheme offered under narrow criteria for those currently excluded by the insolvency system. They will be administered by official receivers outside the courts' jurisdiction and will offer protection from creditors for a year. In 2007, it was estimated that there were 70,000 private, unregulated and unenforceable debt management schemes in operation in the UK. Sections 109 to 133 and Schedule 21 provide for a statutory system of Debt Management Schemes to regulate such practises.


Protection of cultural artifacts

These provisions came into effect in England on 31 December 2007, in Scotland on 21 April 2008,Tribunals, Courts and Enforcement Act 2007 (Commencement) (Scotland) Order 2008
SSI 2008/150
/ref> and in Wales and Northern Ireland on 22 April 2008.


Background

The possibility that
antiquities Antiquities are objects from antiquity, especially the civilizations of the Mediterranean such as the Classical antiquity of Greece and Rome, Ancient Egypt, and the other Ancient Near Eastern cultures such as Ancient Persia (Iran). Artifact ...
and cultural artifacts, sometimes allegedly misappropriated by their current custodians, would be seized by
court order A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying o ...
while on display in the UK, led to an increasing reluctance of foreign states and private individuals to allow loans for exhibitions. The provisions of the State Immunity Act 1978 were inadequate. Such uncertainties caused diplomatic tensions over a proposed loan of art works from
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
for an exhibition at the
Royal Academy The Royal Academy of Arts (RA) is an art institution based in Burlington House in Piccadilly London, England. Founded in 1768, it has a unique position as an independent, privately funded institution led by eminent artists and architects. Its ...
in December 2007. In particular, there was speculation that there might be attempts to seize
Henri Matisse Henri Émile Benoît Matisse (; 31 December 1869 – 3 November 1954) was a French visual arts, visual artist, known for both his use of colour and his fluid and original draughtsmanship. He was a drawing, draughtsman, printmaking, printmaker, ...
's '' The Dance'' which had been appropriated by the
Bolshevik The Bolsheviks, led by Vladimir Lenin, were a radical Faction (political), faction of the Marxist Russian Social Democratic Labour Party (RSDLP) which split with the Mensheviks at the 2nd Congress of the Russian Social Democratic Labour Party, ...
government from Sergei Shchukin during the
Russian Revolution The Russian Revolution was a period of Political revolution (Trotskyism), political and social revolution, social change in Russian Empire, Russia, starting in 1917. This period saw Russia Dissolution of the Russian Empire, abolish its mona ...
. The new provisions of this section of the Act came into force on 31 December and the Russian government gave permission for the paintings to travel to the UK and for the exhibition to go ahead on 9 January 2008.


Protection under the Act

Section 135 defines the articles to be protected as those normally kept and owned outside the UK, lawfully
import An importer is the receiving country in an export from the sending country. Importation and exportation are the defining financial transactions of international trade. Import is part of the International Trade which involves buying and receivin ...
ed for display or exhibition at an approved
museum A museum is an institution dedicated to displaying or Preservation (library and archive), preserving culturally or scientifically significant objects. Many museums have exhibitions of these objects on public display, and some have private colle ...
or gallery. The protection lasts for a maximum of 12 months, unless the article is damaged while in the UK and is undergoing repair, and protection only lasts while the article is: *On public display in a temporary exhibition at a museum or gallery; *Going to or returning from public display in a temporary exhibition at a museum or gallery; *Undergoing related repair, conservation or restoration; *Going to or returning from related repair, conservation or restoration; *Leaving the UK. Protected articles cannot be seized save under a court order made in the UK and which the court was required to make because of a Community obligation or
treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
obligation, or a
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
giving effect to a Community obligation or treaty (s. 136(1)). The Act does not provide immunity against
prosecution A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
for importing,
export An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is a ...
ing or otherwise dealing with the article (s. 136(2)). These provisions of the Act bind
the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
(s. 138).See
Crown Proceedings Act 1947 The Crown Proceedings Act 1947 ( 10 & 11 Geo. 6. c. 44) is an act of the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party. The act also r ...
, s. 2(2)


Notes


References


Bibliography

* ---- {{UK legislation United Kingdom Acts of Parliament 2007 Civil procedure Insolvency law of the United Kingdom Archaeological theft Art and cultural repatriation Courts of the United Kingdom Judiciary of England and Wales United Kingdom tribunals