Section 141 — Tribunals, Courts and Enforcement Act 2007: Judicial review: power to substitute decision

Judicial review: power to substitute decision 141 In section 31 of the Supreme Court Act 1981 (c. 54) (application for judicial review), for subsection (5) substitute— 5 If, on an application for judicial review, the High Court quashes the decision to which the application relates, it may in addition—

a remit the matter to the court, tribunal or authority which made the decision, with a direction to reconsider the matter and reach a decision in accordance with the findings of the High Court, or b substitute its own decision for the decision in question. 5A But the power conferred by subsection (5)(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 which the court or tribunal could have reached. 5B Unless the High Court otherwise directs, a decision substituted by it under subsection (5)(b) has effect as if it were a decision of the relevant court or tribunal.