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The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 3) Order 2008
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- UK Statutory Instruments
- 2008 No. 749 (C. 31)
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EXPLANATORY NOTE
(This note is not part of the Order)
This Order is the third commencement order made under the Tribunals, Courts and Enforcement Act 2007.
The Order brings section 141 of the Tribunals, Courts and Enforcement Act 2007 into force on 6th April 2008. Section 141 relates to judicial review; it substitutes the existing section 31(5) of the Supreme Court Act 1981 and extends the power of the High Court in respect of quashing orders. The High Court will have the power to substitute its own decision for the decision of a court or tribunal in certain circumstances: where the decision maker is a court or tribunal, the decision is quashed on the ground that there has been an error of law and if the High Court is satisfied that it is the only decision the court or tribunal could have reached.
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