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Tribunals, Courts and Enforcement Act 2007
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Tribunals, Courts and Enforcement Act 2007, Section 20 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(8)(bza) inserted by 2022 c. 36 s. 23(2)
- s. 13(8)(bzb) inserted by 2022 c. 36 s. 24(9)
- s. 16(3)(a) word inserted by 2015 c. 2 s. 85(3)(a)
- s. 16(3)(b) and word inserted by 2015 c. 2 s. 85(3)(b)
- s. 16(3A)(3B) inserted by 2015 c. 2 s. 85(4)
- s. 22(6) inserted by 2022 c. 35 Sch. 4 para. 4(2)
- s. 23(8) inserted by 2022 c. 35 Sch. 4 para. 4(3)
- s. 25A inserted by 2022 c. 36 s. 80(1)
- s. 29(3A) inserted by 2022 c. 36 s. 81(6)
- Sch. 5 para. 11A and cross-heading inserted by 2022 c. 36 s. 80(2)
- Sch. 7 para. 6(1)(e) words substituted by 2013 c. 22 Sch. 14 para. 13(2) (Sch. 7 was already repealed when this amendment came into force)
- Sch. 7 para. 6(4)(b) words substituted by 2013 c. 22 Sch. 14 para. 13(2) (Sch. 7 was already repealed when this amendment came into force)
20Transfer of judicial review applications from the Court of SessionU.K.
This section has no associated Explanatory Notes
(1)Where an application is made to the supervisory jurisdiction of the Court of Session, the Court—
(a)must, if Conditions 1 [F1and 2 are met, and],
F2(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)may, if Conditions 1 [F3and 3] are met, but Condition 2 is not,
by order transfer the application to the Upper Tribunal.
(2)Condition 1 is that the application does not seek anything other than an exercise of the supervisory jurisdiction of the Court of Session.
(3)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.
(4)Condition 3 is that the subject matter of the application is not a devolved Scottish matter.
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)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.
(7)For the purposes of this section, the subject matter of an application is a devolved Scottish matter if it—
(a)concerns the exercise of functions in or as regards Scotland, and
(b)does not relate to a reserved matter within the meaning of the Scotland Act 1998 (c. 46).
(8)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.
Textual Amendments
F1Words in s. 20(1)(a) substituted (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(2)(a)(i), 61(3); S.I. 2013/2200, art. 5
F2S. 20(1)(aa) omitted (1.11.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 22(2)(a)(ii), 61(3); S.I. 2013/2200, art. 5
F3Words in s. 20(1)(b) substituted (1.11.2013) by Crime and Courts Act 2013 (c. 22), ss. 22(2)(a)(iii), 61(3); S.I. 2013/2200, art. 5
F4S. 20(5)(5A) omitted (1.11.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 22(2)(b), 61(3); S.I. 2013/2200, art. 5
Commencement Information
I1S. 20 wholly in force at 3.11.2008; s. 20 not in force at Royal Assent see s. 148; s. 20(3)(6)(7) in force at 19.9.2007 by S.I. 2007/2709, art. 2(a); s. 20(1)(2)(4)(5)(8) in force at 3.11.2008 by S.I. 2008/2696, art. 5(a)
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