Part 1Tribunals and Inquiries
Chapter 2First-tier Tribunal and Upper Tribunal
“Judicial review”
17Quashing orders under section 15(1): supplementary provision
1
If the Upper Tribunal makes a quashing order under section 15(1)(c) in respect of a decision, it may in addition—
a
remit the matter concerned to the court, tribunal or authority that made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the Upper Tribunal, or
b
substitute its own decision for the decision in question.
2
The power conferred by subsection (1)(b) is exercisable only if—
a
the decision in question was made by a court or tribunal,
b
the decision is quashed on the ground that there has been an error of law, and
c
without the error, there would have been only one decision that the court or tribunal could have reached.
3
Unless the Upper Tribunal otherwise directs, a decision substituted by it under subsection (1)(b) has effect as if it were a decision of the relevant court or tribunal.