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Act of Sederunt (Transfer of Judicial Review Applications from the Court of Session) 2008

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Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes provision specifying, for the purposes of section 20(3) of the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”), a class of judicial review application which, subject to other conditions being met, must be transferred by the Court of Session to the Upper Tribunal which is established under section 3(2) of the 2007 Act. In terms of section 20(1)(a) of the 2007 Act, an application shall be transferred if three conditions are met. One of those conditions is that the application falls within a class specified for the purposes of section 20(3) by act of sederunt made with the consent of the Lord Chancellor.

The specified class of application is an application challenging a procedural decision or procedural ruling of the First-tier Tribunal, established under section 3(1) of the 2007 Act (paragraphs 2 and 3).

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