20Transfer of judicial review applications from the Court of SessionU.K.
(1)Where an application is made to the supervisory jurisdiction of the Court of Session, the Court—
(a)must, if Conditions 1 [F1and 2 are met, and],
F2(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)may, if Conditions 1 [F3and 3] 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.
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1Words in s. 20(1)(a) substituted (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(2)(a)(i), 61(3); S.I. 2013/2200, art. 5
F2S. 20(1)(aa) omitted (1.11.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 22(2)(a)(ii), 61(3); S.I. 2013/2200, art. 5
F3Words in s. 20(1)(b) substituted (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(2)(a)(iii), 61(3); S.I. 2013/2200, art. 5
F4S. 20(5)(5A) omitted (1.11.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 22(2)(b), 61(3); S.I. 2013/2200, art. 5
Commencement Information
I1S. 20 wholly in force at 3.11.2008; s. 20 not in force at Royal Assent see s. 148; s. 20(3)(6)(7) in force at 19.9.2007 by S.I. 2007/2709, art. 2(a); s. 20(1)(2)(4)(5)(8) in force at 3.11.2008 by S.I. 2008/2696, art. 5(a)