PART 6Review or appeal of decisions

CHAPTER 2Special jurisdiction

I158Decision on remittal

1

The Upper Tribunal is to determine the issues raised in each petition remitted to it under section 57.

2

In relation to a petition so remitted, the Upper Tribunal—

a

has the same powers as the Court of Session has on a petition to it for judicial review,

b

is to apply the same principles as the Court applies in the exercise of its judicial review function.

3

An order made by the Upper Tribunal on a petition so remitted has the same effect as an order made by the Court of Session on a petition for judicial review (and the order is therefore enforceable accordingly).

4

Subsection (3) does not limit the operation of section 48 in connection with a determination under subsection (1).