Part 2Duties on public authorities

Remedies for unlawful acts

10Restriction on proceedings in respect of judicial acts

(1)

Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—

(a)

by exercising a right of appeal,

(b)

on an application to the supervisory jurisdiction of the Court of Session, or

(c)

in a case where proceedings in respect of the judicial act could not be brought under paragraph (a) or (b), in the Court of Session.

(2)

Subsection (1) does not affect any enactment or rule of law which prevents a court or tribunal from being subject to the supervisory jurisdiction of the Court of Session.

(3)

In proceedings under this Act, damages may not be awarded in respect of a judicial act done in good faith.

(4)

In this section, “judicial act” means a judicial act of a court or tribunal and includes an act done on the instructions, or on behalf, of a judge or a member of a tribunal.