The Supreme Courtã¢â‚¬â„¢s Power of Judicial Review ________

Newidiadau dros amser i: Cross Heading: "Judicial review"

"Judicial review" U.G.

fifteen Upper Tribunal's "judicial review" jurisdiction U.Yard.

(1) The Upper Tribunal has power, in cases arising under the constabulary of England and Wales or under the law of Northern Ireland, to grant the following kinds of relief—

(a) a mandatory club;

(b) a prohibiting society;

(c) a quashing order;

(d) a annunciation;

(e) an injunction.

(two) The power under subsection (i) may be exercised by the Upper Tribunal if—

(a) sure weather condition are met (meet section xviii), or

(b) the tribunal is authorised to proceed fifty-fifty though not all of those conditions are met (see section nineteen(3) and (4)).

(3) Relief under subsection (ane) granted by the Upper Tribunal—

(a) has the aforementioned outcome as the corresponding relief granted by the High Courtroom on an awarding for judicial review, and

(b) is enforceable equally if it were relief granted past the High Court on an application for judicial review.

(4) In deciding whether to grant relief under subsection (1)(a), (b) or (c), the Upper Tribunal must apply the principles that the High Court would apply in deciding whether to grant that relief on an awarding for judicial review.

(5) In deciding whether to grant relief under subsection (1)(d) or (e), the Upper Tribunal must—

(a) in cases arising nether the law of England and Wales use the principles that the High Courtroom would employ in deciding whether to grant that relief under section 31(2) of the Supreme Courtroom Act 1981 (c. 54) on an application for judicial review, and

(b) in cases arising nether the law of Northern Republic of ireland employ the principles that the Loftier Courtroom would apply in deciding whether to grant that relief on an application for judicial review.

[F1(5A) In cases arising nether the constabulary of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Deed 1981 apply to the Upper Tribunal when deciding whether to grant relief under subsection (ane) every bit they apply to the High Courtroom when deciding whether to grant relief on an application for judicial review.

(5B) If the tribunal grants relief in reliance on section 31(2B) of the Senior Courts Act 1981 as applied past subsection (5A), the tribunal must certify that the condition in section 31(2B) every bit and so applied is satisfied. ]

(half dozen) For the purposes of the application of subsection (3)(a) in relation to cases arising under the police of Northern Ireland—

(a) a mandatory club under subsection (1)(a) shall be taken to correspond to an order of mandamus,

(b) a prohibiting order under subsection (1)(b) shall be taken to stand for to an order of prohibition, and

(c) a quashing order under subsection (i)(c) shall exist taken to correspond to an order of certiorari.

Textual Amendments

Modifications etc. (not altering text)

16 Application for relief under department fifteen(1) U.K.

(one) This section applies in relation to an application to the Upper Tribunal for relief nether section xv(1).

(2) The application may be made only if permission (or, in a case arising under the law of Northern Republic of ireland, leave) to get in has been obtained from the tribunal.

(3) The tribunal may not grant permission (or leave) to make the application unless information technology considers that the applicant has a sufficient interest in the matter to which the application relates.

[F2(3C) In cases arising under the police of England and Wales, when considering whether to grant permission to make the application, the tribunal—

(a) may of its own initiative consider whether the effect for the applicant would take been essentially dissimilar if the behave complained of had not occurred, and

(b) must consider that question if the respondent asks it to practise and so.

(3D) In subsection (3C) " the behave complained of " ways the comport (or alleged bear) of the respondent that the bidder claims justifies the tribunal in granting relief.

(3E) If, on because the question mentioned in subsection (3C)(a) and (b), it appears to the tribunal to be highly likely that the outcome for the bidder would not accept been substantially different, the tribunal must refuse to grant permission.

(3F) The tribunal may disregard the requirement in subsection (3E) if information technology considers that information technology is appropriate to practice so for reasons of infrequent public interest.

(3G) If the tribunal grants permission in reliance on subsection (3F), the tribunal must certify that the condition in subsection (3F) is satisfied. ]

(four) Subsection (5) applies where the tribunal considers—

(a) that there has been undue delay in making the application, and

(b) that granting the relief sought on the application would be probable to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to practiced administration.

(5) The tribunal may—

(a) pass up to grant permission (or leave) for the making of the application;

(b) refuse to grant whatever relief sought on the awarding.

(6) The tribunal may laurels to the bidder amercement, restitution or the recovery of a sum due if—

(a) the application includes a claim for such an award arising from any matter to which the application relates, and

(b) the tribunal is satisfied that such an award would have been made by the High Court if the claim had been made in an action begun in the High Courtroom by the bidder at the fourth dimension of making the application.

[F3(6A) In cases arising nether the police of England and Wales, subsections (2A) and (2B) of department 31 of the Senior Courts Act 1981 apply to the Upper Tribunal as regards the making of an honor under subsection (vi) as they apply to the High Courtroom as regards the making of an award under department 31(4) of the Senior Courts Act 1981.

(6B) If the tribunal makes an honor in reliance on section 31(2B) of the Senior Courts Act 1981 as practical by subsection (6A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied. ]

(7) An laurels under subsection (six) may be enforced as if it were an award of the High Court.

(8) Where—

(a) the tribunal refuses to grant permission (or leave) to employ for relief under section xv(1),

(b) the applicant appeals confronting that refusal, and

(c) the Court of Appeal grants the permission (or go out),

the Court of Entreatment may continue to decide the application for relief under section xv(1).

(ix) Subsections (4) and (5) do not foreclose Tribunal Procedure Rules from limiting the fourth dimension inside which applications may be made.

17 Quashing orders under section xv(i): supplementary provision U.M.

(i) If the Upper Tribunal makes a quashing social club nether department xv(1)(c) in respect of a determination, it may in addition—

(a) remit the thing concerned to the courtroom, tribunal or say-so that made the decision, with a direction to reconsider the matter and achieve a decision in accord with the findings of the Upper Tribunal, or

(b) substitute its own decision for the decision in question.

(2) The power conferred by subsection (i)(b) is exercisable just if—

(a) the decision in question was made by a court or tribunal,

(b) the decision is quashed on the ground that there has been an error of constabulary, and

(c) without the error, in that location would accept been only one decision that the courtroom or tribunal could have reached.

(3) Unless the Upper Tribunal otherwise directs, a decision substituted by it nether subsection (1)(b) has upshot as if it were a decision of the relevant courtroom or tribunal.

xviii Limits of jurisdiction nether section fifteen(ane) U.Thou.

(one) This department applies where an application made to the Upper Tribunal seeks (whether or not alone)—

(a) relief under section 15(1), or

(b) permission (or, in a case arising under the law of Northern Ireland, leave) to use for relief under section 15(one).

(ii) If Conditions 1 to iv are met, the tribunal has the function of deciding the application.

(3) If the tribunal does non accept the office of deciding the application, it must by society transfer the application to the High Court.

(four) Status 1 is that the application does not seek anything other than—

(a) relief under section 15(1);

(b) permission (or, in a example arising under the law of Northern Ireland, leave) to apply for relief nether section 15(ane);

(c) an award under section 16(6);

(d) interest;

(e) costs.

(five) Status 2 is that the awarding does non call into question annihilation done by the Crown Courtroom.

(six) Condition three is that the awarding falls inside a form specified for the purposes of this subsection in a management given in accordance with Part i of Schedule two to the Constitutional Reform Act 2005 (c. four).

(7) The ability to give directions nether subsection (six) includes—

(a) power to vary or revoke directions fabricated in exercise of the power, and

(b) ability to make dissimilar provision for different purposes.

(8) Condition 4 is that the judge presiding at the hearing of the awarding is either—

(a) a approximate of the High Court or the Court of Appeal in England and Wales or Northern Ireland, or a judge of the Court of Session, or

(b) such other persons as may exist agreed from time to time between the Lord Chief Justice, the Lord President, or the Lord Principal Justice of Northern Ireland, as the case may exist, and the Senior President of Tribunals.

(9) Where the application is transferred to the Loftier Court nether subsection (3)—

(a) the awarding is to be treated for all purposes as if it—

(i) had been made to the Loftier Court, and

(ii) sought things corresponding to those sought from the tribunal, and

(b) any steps taken, permission (or leave) given or orders made by the tribunal in relation to the application are to be treated equally taken, given or fabricated by the High Courtroom.

(10) Rules of court may brand provision for the purpose of supplementing subsection (9).

(11) The provision that may be fabricated by Tribunal Procedure Rules almost amendment of an application for relief under section 15(i) includes, in detail, provision about amendments that would cause the application to go transferrable under subsection (three).

(12) For the purposes of subsection (9)(a)(ii), in relation to an application transferred to the High Court in Northern Ireland—

(a) an gild of mandamus shall be taken to correspond to a mandatory society under section 15(ane)(a),

(b) an order of prohibition shall exist taken to correspond to a prohibiting social club under section 15(1)(b), and

(c) an gild of certiorari shall be taken to correspond to a quashing order nether section fifteen(one)(c).

nineteen Transfer of judicial review applications from High Court U.M.

(one) In the Supreme Court Human activity 1981 (c. 54), after section 31 insert—

"31A Transfer of judicial review applications to Upper Tribunal

(one) This section applies where an application is made to the Loftier Court—

(a) for judicial review, or

(b) for permission to apply for judicial review.

(2) If Atmospheric condition 1, 2, 3 and iv are met, the High Court must by social club transfer the application to the Upper Tribunal.

(3) If Conditions 1, 2 and four are met, but Condition iii is non, the High Court may past social club transfer the application to the Upper Tribunal if information technology appears to the High Court to exist just and user-friendly to do so.

(iv) Condition ane is that the application does not seek annihilation other than—

(a) relief under section 31(1)(a) and (b);

(b) permission to apply for relief nether section 31(1)(a) and (b);

(c) an award nether section 31(iv);

(d) interest;

(due east) costs.

(5) Condition 2 is that the application does not call into question anything washed past the Crown Court.

(half-dozen) Condition three is that the application falls within a class specified under section 18(half-dozen) of the Tribunals, Courts and Enforcement Act 2007.

(7) Condition 4 is that the application does not call into question any determination fabricated under—

(a) the Immigration Acts,

(b) the British Nationality Act 1981 (c. 61),

(c) any instrument having effect under an enactment within paragraph (a) or (b), or

(d) whatever other provision of law for the time beingness in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship."

(2) In the Judicature (Northern Ireland) Act 1978 (c. 23), later on section 25 insert—

"25A Transfer of judicial review applications to Upper Tribunal

(1) This section applies where an application is made to the High Court—

(a) for judicial review, or

(b) for exit to apply for judicial review.

(2) If Weather condition one, 2, 3 and 4 are met, the High Court must by order transfer the application to the Upper Tribunal.

(3) If Conditions one, 2 and four are met, but Condition 3 is not, the Loftier Courtroom may by club transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to practise so.

(4) Condition 1 is that the application does non seek anything other than—

(a) relief under section 18(1)(a) to (e);

(b) leave to apply for relief under section 18(1)(a) to (e);

(c) an honor under section 20;

(d) interest;

(east) costs.

(five) Status two is that the application does not call into question anything done by the Crown Court.

(vi) Condition three is that the application falls within a grade specified under section xviii(6) of the Tribunals, Courts and Enforcement Deed 2007.

(7) Condition 4 is that the application does not telephone call into question whatsoever decision made under—

(a) the Immigration Acts,

(b) the British Nationality Act 1981,

(c) any instrument having consequence under an enactment within paragraph (a) or (b), or

(d) whatsoever other provision of law for the time existence in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship."

(3) Where an application is transferred to the Upper Tribunal nether 31A of the Supreme Court Act 1981 (c. 54) or department 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court of judicial review applications)—

(a) the application is to be treated for all purposes every bit if information technology—

(i) had been made to the tribunal, and

(ii) sought things corresponding to those sought from the Loftier Court,

(b) the tribunal has the function of deciding the application, even if it does non fall within a class specified under section 18(6), and

(c) whatever steps taken, permission given, leave given or orders made by the High Court in relation to the application are to be treated as taken, given or made by the tribunal.

(four) Where—

(a) an awarding for permission is transferred to the Upper Tribunal under section 31A of the Supreme Court Act 1981 (c. 54) and the tribunal grants permission, or

(b) an application for go out is transferred to the Upper Tribunal nether section 25A of the Judicature (Northern Ireland) Human action 1978 (c. 23) and the tribunal grants leave,

the tribunal has the role of deciding any subsequent application brought under the permission or leave, even if the subsequent application does non fall inside a class specified under department eighteen(6).

(five) Tribunal Procedure Rules may make further provision for the purposes of supplementing subsections (3) and (4).

(vi) For the purposes of subsection (3)(a)(2), in relation to an application transferred to the Upper Tribunal under department 25A of the Judicature (Northern Republic of ireland) Act 1978—

(a) a mandatory order nether section fifteen(1)(a) shall be taken to correspond to an guild of mandamus,

(b) a prohibiting order under section 15(1)(b) shall be taken to correspond to an order of prohibition, and

(c) a quashing lodge under section 15(i)(c) shall be taken to correspond to an order of certiorari.

20 Transfer of judicial review applications from the Court of Session U.1000.

(1) Where an application is fabricated to the supervisory jurisdiction of the Court of Session, the Court—

(a) must, if Conditions 1 [F4and 2 are met, and ],

F5(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) may, if Conditions 1 [F6and 3 ] are met, just Condition two is not,

by order transfer the application to the Upper Tribunal.

(2) Condition one is that the application does not seek anything other than an exercise of the supervisory jurisdiction of the Court of Session.

(three) Condition two is that the application falls within a class specified for the purposes of this subsection by human action of sederunt made with the consent of the Lord Chancellor.

(4) Condition three is that the subject matter of the awarding is not a devolved Scottish matter.

F7(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) There may non be specified under subsection (3) any grade of application which includes an application the subject matter of which is a devolved Scottish matter.

(7) For the purposes of this section, the discipline thing of an application is a devolved Scottish thing if it—

(a) concerns the exercise of functions in or equally regards Scotland, and

(b) does not chronicle to a reserved thing inside the meaning of the Scotland Act 1998 (c. 46).

(8) In subsection (two), the reference to the do of the supervisory jurisdiction of the Court of Session includes a reference to the making of whatsoever order in connectedness with or in outcome of the exercise of that jurisdiction.

Textual Amendments

Commencement Information

[F820A. Procedural steps where application transferred U.K.

(1) This department applies where the Court of Session transfers an application nether section 20(1).

(2) It is for the Upper Tribunal to determine—

(a) whether the awarding has been made timeously, and

(b) whether to grant permission for the application to continue under department 27B of the Court of Session Deed 1988 ("the 1988 Act") (requirement for permission).

(3) Accordingly—

(a) the Upper Tribunal has the same powers in relation to the application as the Court of Session would accept had in relation to it under sections 27A to 27C of the 1988 Act,

(b) sections 27C and 27D of that Human action apply in relation to a decision of the Upper Tribunal nether section 27B(1) of that Act as they utilise in relation to such a decision of the Court of Session.

(4) The references in section 27C(3) and (4) of the 1988 Act (oral hearings where permission refused) to a different Lord Ordinary from the one who granted or refused permission are to exist read as references to unlike members of the Tribunal from those of whom information technology was composed when it refused or granted permission. ]

21 Upper Tribunal'southward "judicial review" jurisdiction: Scotland U.K.

(1) The Upper Tribunal has the function of deciding applications transferred to it from the Court of Session under section 20(1).

(2) The powers of review of the Upper Tribunal in relation to such applications are the aforementioned as the powers of review of the Court of Session in an awarding to the supervisory jurisdiction of that Court.

(3) In deciding an application by virtue of subsection (one), the Upper Tribunal must use principles that the Court of Session would use in deciding an application to the supervisory jurisdiction of that Courtroom.

(four) An order of the Upper Tribunal by virtue of subsection (1)—

(a) has the same effect every bit the corresponding gild granted by the Court of Session on an application to the supervisory jurisdiction of that Court, and

(b) is enforceable as if information technology were an order so granted by that Courtroom.

(5) Where an awarding is transferred to the Upper Tribunal past virtue of section 20(1), any steps taken or orders made by the Court of Session in relation to the application (other than the order to transfer the application under section 20(1)) are to exist treated as taken or made by the tribunal.

(six) Tribunal Procedure Rules may make further provision for the purposes of supplementing subsection (5).

Modifications etc. (not altering text)

Commencement Information

flanaganlapet1987.blogspot.com

Source: https://www.legislation.gov.uk/cy/ukpga/2007/15/part/1/chapter/2/crossheading/judicial-review/data.htm?wrap=true