Part 7Miscellaneous
Judicial review
141Judicial review: power to substitute decision
In section 31 of the Supreme Court Act 1981 (c. 54) (application for judicial review), for subsection (5) substitute—
5
If, on an application for judicial review, the High Court quashes the decision to which the application relates, it may in addition—
a
remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or
b
substitute its own decision for the decision in question.
5A
But the power conferred by subsection (5)(b) is exercisable only if—
a
the decision in question was made by a court or tribunal,
b
the decision is quashed on the ground that there has been an error of law, and
c
without the error, there would have been only one decision which the court or tribunal could have reached.
5B
Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal.