Section 19: Transfer of judicial review applications from High Court, Tribunals, Courts and Enforcement Act 2007

In the Supreme Court Act 1981 (c. 54), after section 31 insert—

In the Judicature (Northern Ireland) Act 1978 (c. 23), after section 25 insert—

Where an application is transferred to the Upper Tribunal under 31A of the Supreme Court Act 1981 (c. 54) or section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court of judicial review applications)—

the application is to be treated for all purposes as if it—

had been made to the tribunal, and

sought things corresponding to those sought from the High Court,

the tribunal has the function of deciding the application, even if it does not fall within a class specified under section 18(6), and

any steps taken, permission given, leave given or orders made by the High Court in relation to the application are to be treated as taken, given or made by the tribunal.

Where—

an application for permission is transferred to the Upper Tribunal under section 31A of the Supreme Court Act 1981 (c. 54) and the tribunal grants permission, or

an application for leave is transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) and the tribunal grants leave,

the tribunal has the function of deciding any subsequent application brought under the permission or leave, even if the subsequent application does not fall within a class specified under section 18(6).

Tribunal Procedure Rules may make further provision for the purposes of supplementing subsections (3) and (4).

For the purposes of subsection (3)(a)(ii), in relation to an application transferred to the Upper Tribunal under section 25A of the Judicature (Northern Ireland) Act 1978—

a mandatory order under section 15(1)(a) shall be taken to correspond to an order of mandamus,

a prohibiting order under section 15(1)(b) shall be taken to correspond to an order of prohibition, and

a quashing order under section 15(1)(c) shall be taken to correspond to an order of certiorari.

Section 19: Transfer of judicial review applications from High Court

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