S. 21 wholly in force at 3.11.2008; s. 21 not in force at Royal Assent see s. 148; s. 21(6) in force at 19.9.2007 by S.I. 2007/2709, art. 2(a); s. 21(1)-(5) in force at 3.11.2008 by S.I. 2008/2696, art. 5(a)

S. 21(2): functions transferred (3.11.2008) by virtue of The First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684), art. 7(b)(ii)

http://www.legislation.gov.uk/ukpga/2007/15/section/21Tribunals, Courts and Enforcement Act 2007An Act to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments and appointments to the Law Commission; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes.texttext/xmlenStatute Law Database2026-02-03Expert Participation2026-02-02Tribunals, Courts and Enforcement Act 2007Sch. 7 para. 6(1)(e)Crime and Courts Act 2013Sch. 14 para. 13(2)s. 61(3)art. 3(g)Tribunals, Courts and Enforcement Act 2007Sch. 7 para. 6(4)(b)Crime and Courts Act 2013Sch. 14 para. 13(2)s. 61(3)art. 3(g)Tribunals, Courts and Enforcement Act 2007s. 22(6)Judicial Review and Courts Act 2022Sch. 4 para. 4(2)s. 51(4)Tribunals, Courts and Enforcement Act 2007s. 23(8)Judicial Review and Courts Act 2022Sch. 4 para. 4(3)s. 51(4)Tribunals, Courts and Enforcement Act 2007s. 13(8)(bza)Nationality and Borders Act 2022s. 23(2)s. 87(1)Tribunals, Courts and Enforcement Act 2007s. 13(8)(bzb)Nationality and Borders Act 2022s. 24(9)s. 87(1)Tribunals, Courts and Enforcement Act 2007s. 25ANationality and Borders Act 2022s. 80(1)s. 87(1)Tribunals, Courts and Enforcement Act 2007Sch. 5 para. 11A and cross-headingNationality and Borders Act 2022s. 80(2)s. 87(1)Tribunals, Courts and Enforcement Act 2007s. 29(3A)Nationality and Borders Act 2022s. 81(6)s. 87(1)Tribunals, Courts and Enforcement Act 2007s. 16(3)(a)Criminal Justice and Courts Act 2015s. 85(3)(a)s. 95(1)Tribunals, Courts and Enforcement Act 2007s. 16(3)(b) and wordCriminal Justice and Courts Act 2015s. 85(3)(b)s. 95(1)Tribunals, Courts and Enforcement Act 2007s. 16(3A)(3B)Criminal Justice and Courts Act 2015s. 85(4)s. 95(1)Part 1Tribunals and InquiriesChapter 2First-tier Tribunal and Upper Tribunal “Judicial review”
21Upper Tribunal's “judicial review” jurisdiction: Scotland(1)

The Upper Tribunal has the function of deciding applications transferred to it from the Court of Session under section 20(1).

(2)

The powers of review of the Upper Tribunal in relation to such applications are the same as the powers of review of the Court of Session in an application to the supervisory jurisdiction of that Court.

(3)

In deciding an application by virtue of subsection (1), the Upper Tribunal must apply principles that the Court of Session would apply in deciding an application to the supervisory jurisdiction of that Court.

(4)

An order of the Upper Tribunal by virtue of subsection (1)—

(a)

has the same effect as the corresponding order granted by the Court of Session on an application to the supervisory jurisdiction of that Court, and

(b)

is enforceable as if it were an order so granted by that Court.

(5)

Where an application is transferred to the Upper Tribunal by virtue of section 20(1), any steps taken or orders made by the Court of Session in relation to the application (other than the order to transfer the application under section 20(1)) are to be treated as taken or made by the tribunal.

(6)

Tribunal Procedure Rules may make further provision for the purposes of supplementing subsection (5).