Part 1Judicial review
1Quashing orders
1
After section 29 of the Senior Courts Act 1981 insert—
29AFurther provision in connection with quashing orders
1
A quashing order may include provision—
a
for the quashing not to take effect until a date specified in the order, or
b
removing or limiting any retrospective effect of the quashing.
2
Provision included in a quashing order under subsection (1) may be made subject to conditions.
3
4
5
6
7
8
In deciding whether to exercise a power in subsection (1), the court must have regard to—
a
the nature and circumstances of the relevant defect;
b
any detriment to good administration that would result from exercising or failing to exercise the power;
c
the interests or expectations of persons who would benefit from the quashing of the impugned act;
d
the interests or expectations of persons who have relied on the impugned act;
e
so far as appears to the court to be relevant, any action taken or proposed to be taken, or undertaking given, by a person with responsibility in connection with the impugned act;
f
any other matter that appears to the court to be relevant.
9
In this section—
“impugned act” means the thing (or purported thing) being quashed by the quashing order;
“relevant defect” means the defect, failure or other matter on the ground of which the court is making the quashing order.
2
In section 31 of the Senior Courts Act 1981 (judicial review)—
a
in subsection (5), for “quashes” substitute “makes a quashing order in respect of”
;
b
in subsection (5A)(b), for “decision is quashed” substitute “quashing order is made”
.
3
In section 17 of the Tribunals, Courts and Enforcement Act 2007 (supplementary provision about quashing orders made by the Upper Tribunal)—
a
before subsection (1) insert—
A1
In cases arising under the law of England and Wales, section 29A of the Senior Courts Act 1981 applies in relation to a quashing order under section 15(1)(c) of this Act as it applies in relation to a quashing order under section 29 of that Act.
b
in subsection (2)(b), for “decision is quashed” substitute “quashing order is made”
.