Part 16 - Enforcement and dispute resolution

Infrastructure Bill [Lords] – in a Public Bill Committee at 3:30 pm on 15th January 2015.

Alert me about debates like this

Introductory

89 This Part of this code makes provision about—

(a) the court or tribunal by which agreements and rights under this code may be enforced,

(b) the meaning of references to “the court” in this code, and

(c) the power of the Secretary of State by regulations to confer jurisdiction under this code on other tribunals.

Enforcement of agreements and rights

90 An agreement under this code, and any right conferred by this code, may be enforced—

(a) in the case of an agreement imposed by a court or tribunal, by the court or tribunal which imposed the agreement,

(b) in the case of any agreement or right, by any court or tribunal which for the time being has the power to impose an agreement under this code, or

(c) in the case of any agreement or right, by any court of competent jurisdiction.

Meaning of “the court”

91 (1) In this code “the court” means—

(a) in relation to England and Wales, the county court,

(b) in relation to Scotland, the sheriff, and

(c) in relation to Northern Ireland, a county court.

(2) Sub-paragraph (1) is subject to provision made by regulations under paragraph 92.

Power to confer jurisdiction on other tribunals

92 (1) The Secretary of State may by regulations provide for a function conferred by this code on the court to be exercisable by any of the following—

(a) in relation to England and Wales, the First-tier Tribunal;

(b) in relation to England and Wales, the Upper Tribunal;

(c) in relation to Scotland, the Lands Tribunal for Scotland;

(d) in relation to Northern Ireland, the Lands Tribunal for Northern Ireland.

(2) Regulations under sub-paragraph (1) may make provision for the function to be exercisable by a tribunal to which the regulations apply—

(a) instead of by the court, or

(b) as well as by the court.

(3) The Secretary of State may by regulations make provision—

(a) requiring proceedings to which regulations under sub-paragraph (1) apply to be commenced in the court or in a tribunal to which the regulations apply;

(b) enabling the court or such a tribunal to transfer such proceedings to a tribunal which has jurisdiction in relation to them by virtue of such regulations or to the court.

(4) The power in section 402(3)(c) for regulations under sub-paragraph (1) or (3) to make consequential provision includes power to make provision which amends, repeals or revokes or otherwise modifies the application of any enactment.

Applications to the court

93 Regulation 3 of the Electronic Communications and Wireless Telegraphy Regulations 2011 (SI 2011/1210) makes provision about the time within which certain applications to the court under this code must be determined.

Appeals in Northern Ireland

94 Article 60 of the County Courts (Northern Ireland) Order 1980 (ordinary appeals from the county court in civil cases) is to apply in relation to any determination of the court in Northern Ireland under this code in the same manner as it applies in relation to any decree of the court made in the exercise of the jurisdiction conferred by Part 3 of that Order.