Part 1Tribunals and Inquiries
Chapter 2First-tier Tribunal and Upper Tribunal
“Judicial review”
I120Transfer of judicial review applications from the Court of Session
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, 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.
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.