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Tribunals, Courts and Enforcement Act 2007

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20Transfer of judicial review applications from the Court of SessionE+W+S+N.I.
This sectionnoteType=Explanatory Notes has no associated

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

(a)must, if Conditions 1, 2 and 4 are met,

[F1(aa)must, if Conditions 1, 2 and 5 are met, but Condition 4 is not, and]

(b)may, if Conditions 1, 3 and 4 are met, but Condition 2 is not,

by order transfer the application to the Upper Tribunal.

(2)Condition 1 is that the application does not seek anything other than an exercise of the supervisory jurisdiction of the Court of Session.

(3)Condition 2 is that the application falls within a class specified for the purposes of this subsection by act of sederunt made with the consent of the Lord Chancellor.

(4)Condition 3 is that the subject matter of the application is not a devolved Scottish matter.

(5)Condition 4 is that the application does not call into question any decision made 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)any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.

[F2(5A)Condition 5 is that the application calls into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 2002 wholly or partly on the basis that they are not significantly different from material that has previously been considered (whether or not it calls into question any other decision).]

(6)There may not be specified under subsection (3) any class of application which includes an application the subject matter of which is a devolved Scottish matter.

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

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

(b)does not relate to a reserved matter within the meaning of the Scotland Act 1998 (c. 46).

(8)In subsection (2), the reference to the exercise of the supervisory jurisdiction of the Court of Session includes a reference to the making of any order in connection with or in consequence of the exercise of that jurisdiction.

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Amendments (Textual)

Commencement Information

I1S. 20 wholly in force at 3.11.2008; s. 20 not in force at Royal Assent see s. 148; s. 20(3)(6)(7) in force at 19.9.2007 by S.I. 2007/2709, art. 2(a); s. 20(1)(2)(4)(5)(8) in force at 3.11.2008 by S.I. 2008/2696, art. 5(a)

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