Section 17 — Tribunals, Courts and Enforcement Act 2007: Quashing orders under section 15(1): supplementary provision

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