Section 20 — Tribunals, Courts and Enforcement Act 2007: Transfer of judicial review applications from the Court of Session

Transfer of judicial review applications from the Court of Session 20 1 Where an application is made to the supervisory jurisdiction of the Court of Session, the Court—

a must, if Conditions 1 and 2 are met, and , aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b may, if Conditions 1 and 3 are met, but Condition 2 is not, by order transfer the application to the Upper Tribunal.

2 Condition 1 is that the application does not seek anything other than an exercise of the supervisory jurisdiction of the Court of Session.

3 Condition 2 is that the application falls within a class specified for the purposes of this subsection by act of sederunt made with the consent of the Lord Chancellor.

4 Condition 3 is that the subject matter of the application is not a devolved Scottish matter. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 There may not be specified under subsection (3) any class of application which includes an application the subject matter of which is a devolved Scottish matter.

7 For the purposes of this section, the subject matter of an application is a devolved Scottish matter if it—

a concerns the exercise of functions in or as regards Scotland, and b does not relate to a reserved matter within the meaning of the Scotland Act 1998 (c. 46).

8 In subsection (2), the reference to the exercise of the supervisory jurisdiction of the Court of Session includes a reference to the making of any order in connection with or in consequence of the exercise of that jurisdiction.