Section 20: Transfer of judicial review applications from the Court of Session

Tribunals, Courts and Enforcement Act 2007 · 2007 c. 15View on legislation.gov.uk

Part 1: Tribunals and Inquiries — Chapter 2: First-tier Tribunal and Upper Tribunal

Where an application is made to the supervisory jurisdiction of the Court of Session, the Court—

must, if Conditions 1 and 2 are met, and,
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may, if Conditions 1 and 3 are met, but Condition 2 is not,

by order transfer the application to the Upper Tribunal.

Condition 1 is that the application does not seek anything other than an exercise of the supervisory jurisdiction of the Court of Session.

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.

Condition 3 is that the subject matter of the application is not a devolved Scottish matter.

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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.

For the purposes of this section, the subject matter of an application is a devolved Scottish matter if it—

concerns the exercise of functions in or as regards Scotland, and
does not relate to a reserved matter within the meaning of the Scotland Act 1998 (c. 46).

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.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.