Judicial control of tribunals etc.
C213 Appeals from certain tribunals. C1
C3C4C5C61
If any party to proceedings before any such tribunal as is specified in paragraph 2(b), F14, F26F26(a)F36B, 10 F410A, 16, 17(b), F518(a), 21, 26, 28 F6(a) or(b) or 32 of Schedule 1 to this Act F7or to proceedings before a Registered Homes Tribunalis dissatisfied in point of law with a decision of the tribunal he may, according as rules of court may provide, either appeal therefrom to the High Court or require the tribunal to state and sign a case for the opinion of the High Court.
F81A
Subsection (1) of this section shall not apply in relation to proceedings before industrial tribunals which arise under or by virtue of any of the enactments mentioned in section 136(1) of the M1Employment Protection (Consolidation) Act 1978.
2
Rules of court made with respect to all or any of the said tribunals may provide for authorising or requiring a tribunal, in the course of proceedings before it, to state, in the form of a special case for the decision of the High Court, any question of law arising in the proceedings; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the Court within the meaning of section F916 of M2 the Supreme Court Act 1981 (jurisdiction of Court of Appeal to hear and determine appeals from judgments of the High Court).
C73
In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—
a
the giving of any decision which might have been given by the tribunal;
b
the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the tribunal;
c
the giving of directions to the tribunal;
and different provisions may be made for different tribunals.
(4) . . . F10 no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.
5
F11Subsection (1) of this section shall apply to a decision of the Secretary of State on an appeal from the traffic commissioners for any area or the traffic commissioner for the metropolitan traffic area as it applies to a decision of any of the tribunals mentioned in that subsection, but with the substitution for the reference to a party to proceedings of a reference to any person who had, or if aggrieved would have had, a right to appeal to the Secretary of State (whether or not he has exercised that right); and accordingly references in subsections (1) and (3) of this section to a tribunal shall be construed, in relation to such an appeal, as references to the Secretary of State.
F125A
Subsection (1) of this section shall apply to a decision of the Secretary of State on an appeal under section 41 of the M3Consumer Credit Act 1974 from a determination of the Director General of Fair Trading as it applies to a decision of any of the tribunals mentioned in that subsection, but with the substitution for the reference to a party to proceedings of a reference to any person who had a right to appeal to the Secretary of State (whether or not he has exercised that right); and accordingly references in subsections (1) and (3) of this section to a tribunal shall be construed, in relation to such an appeal, as references to the Secretary of State.
6
The following provisions shall have effect for the application of this section to Scotland—
a
in relation to any proceedings in Scotland of any of the tribunals referred to in the foregoing provisions of this section, . . . F13, F14or on an appeal under section 41 of the M4Consumer Credit Act 1974 by a company registered in Scotland or by any other person whose principal or prospective principal place of business in the United Kingdom is in Scotland this section shall have effect with the following modifications, that is to say—
i
for references to the High Court or the Court of Appeal there shall be substituted references to the Court of Session;
ii
in subsection (2) for the words “in the form of a special case for the decision of the High Court” there shall be substituted the words “a case for the opinion of the Court of Session on” and the words from “and a decision” to the end of the subsection shall be omitted;
iii
subsection (4) shall be omitted;
b
this section shall apply, subject to the modifications specified in the foregoing paragraph, to proceedings before any such tribunal as is specified in paragraphs 38, 39, 41(b), 42 or 45(a) or (b) of Schedule 1 to this Act as it applies to proceedings before the tribunals referred to in subsection (1) of this section;
F15bb
subsection (1) of this section shall not apply in relation to proceedings before the Lands Tribunal for Scotland which arise under section 1(3A) of the Lands Tribunal Act M51949 (jurisdiction of the Tribunal in valuation matters).
c
an appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section, and such leave may be given on such terms as to costs or otherwise as the Court of Session or the House of Lords may determine.
7
In relation to any proceedings in Northern Ireland of any of the tribunals referred to in subsection (1) of this section, F16and in relation to a decision of the Secretary of State on an appeal under section 41 of the M6Consumer Credit Act 1974 by a company registered in Northern Ireland or by any other person whose principal or prospective principal place of business in the United Kingdom is in Northern Ireland this section shall have effect with the following modifications, that is to say—
a
in subsection (2), for the words from the beginning to “provide” there shall be substituted the words “Rules may be made under F17section 55 of the M7Judicature (Northern Ireland) Act 1978 providing”, and for the words “section 27 of the M8Supreme Court of Judicature (Consolidation) Act 1925” there shall be substituted the words F17“section 35 of the M9Judicature (Northern Ireland) Act 1978”;
b
c
in subsection (4), for the words from the beginning to “Divisional Court” there shall be substituted the words “Rules made under F17section 55 of the M11Judicature (Northern Ireland) Act 1978, relating to such proceedings as aforesaid, shall provide that the appeal shall be heard, or as the case may be, the decision of the High Court shall be given by, a single judge”.
8
Her Majesty may by Order in Council direct that all or any of the provisions of this section, so far as it relates to proceedings in the Isle of Man or any of the Channel Islands of the tribunal specified in paragraph 32 of Schedule 1 to this Act, shall extend to the Isle of Man or to any of the Channel Islands subject to such modifications as may be specified in the Order.
9
In this section “decision” includes any direction or order, and references to the giving of a decision shall be construed accordingly.
10
In relation to any such tribunals as are specified in paragraph 10 or 38 of Schedule 1 to this Act this section shall have effect subject to any enactment passed in the same Session as this Act with respect to appeals from such tribunals. C8
14 Extension of supervisory powers of superior courts.
1
F18As respects England and Wales . . . F19, any provision in an Act passed before 1st August 1958 that any order or determination shall not be called into question in any court, or any provision in such an Act which by similar words excludes any of the powers of the High Court, shall not have effect so as to prevent the removal of the proceedings into the High Court by order of certiorari or to prejudice the powers of the High Court to make orders of mandamus:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
2
As respects Scotland, any provision in an Act passed before 1st August 1958 that any order or determination shall not be called into question in any court, or any provision in such an Act which by similar words excludes any jurisidiction which the Court of Session would otherwise have to entertain an application for reduction or suspension of any order or determination, or otherwise to consider the validity of any order or determination, shall not have effect so as to prevent the exercise of any such jurisdiction.