Tribunals, Courts and Enforcement Act 2007

17 Quashing orders under section 15(1): supplementary provision U.K.

[F1 (A1) In cases arising under the law of England and Wales, section 29A of the Senior Courts Act 1981 applies in relation to a quashing order under section 15(1)(c) of this Act as it applies in relation to a quashing order under section 29 of that Act.]

(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 [F2 quashing order is made] 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.

Textual Amendments

F1 S. 17(A1) inserted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 1(3)(a), 51(4) (with s. 1(4)); S.I. 2022/816, regs. 1(2), 3(a)

F2 Words in s. 17(2)(b) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 1(3)(b), 51(4) (with s. 1(4)); S.I. 2022/816, regs. 1(2), 3(a)