Judicial control of tribunals etc.

12 Supervisory functions of superior courts not excluded by Acts passed before 1st August 1958.

1

As respects England and Wales—

a

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

b

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.

2

As respects Scotland—

a

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

b

any provision in such an Act which by similar words excludes any jurisdiction 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.

3

Nothing in this section shall apply—

a

to any order or determination of a court of law, or

b

where an Act makes special provision for application to the High Court or the Court of Session within a time limited by the Act.