Judicature (Northern Ireland) Act 1978

Yn ddilys o 03/11/2008

[F1 25A Transfer of judicial review applications to Upper Tribunal U.K.

(1) This section applies where an application is made to the High Court—

(a) for judicial review, or

(b) for leave to apply for judicial review.

(2) If Conditions 1, 2, 3 and 4 are met, the High Court must by order transfer the application to the Upper Tribunal.

(3) If Conditions 1, 2 and 4 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.

(4) Condition 1 is that the application does not seek anything other than—

(a) relief under section 18(1)(a) to (e);

(b) leave to apply for relief under section 18(1)(a) to (e);

(c) an award under section 20;

(d) interest;

(e) costs.

(5) Condition 2 is that the application does not call into question anything done by the Crown Court.

(6) Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.

(7) Condition 4 is that the application does not call into question any decision made under—

(a) the Immigration Acts,

(b) the British Nationality Act 1981,

(c) any instrument having effect under an enactment within paragraph (a) or (b), or

(d) any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.]

Textual Amendments

F1 S. 25A inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 19(2), 148(5); S.I. 2008/2696, art. 5(a) (with arts. 3, 4)