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Change 1
As published
31A Transfer of judicial review applications to Upper Tribunal
(1) This section applies where an application is made to the High Court—
(a) for judicial review, or
(b) for permission to apply for judicial review.
(2) If Conditions 1, 2 and 3 are met, the High Court must by order transfer the application to the Upper Tribunal.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.
(4) Condition 1 is that the application does not seek anything other than—
(a) relief under section 31(1)(a) and (b);
(b) permission to apply for relief under section 31(1)(a) and (b);
(c) an award under section 31(4);
(d) interest;
(e) costs.
(5) Condition 2 is that the application does not call into question anything done by the Crown Court.
(6) Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
31A Transfer of judicial review applications to Upper Tribunal
(1) This section applies where an application is made to the High Court—
(a) for judicial review, or
(b) for permission to apply for judicial review.
(2) If Conditions 1, 2 and 3 are met, the High Court must by order transfer the application to the Upper Tribunal.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If Conditions 1 and 2 are met, but Condition 3 is not, the High Court may by order transfer the application to the Upper Tribunal if it appears to the High Court to be just and convenient to do so.
(4) Condition 1 is that the application does not seek anything other than—
(a) relief under section 31(1)(a) and (b);
(b) permission to apply for relief under section 31(1)(a) and (b);
(c) an award under section 31(4);
(d) interest;
(e) costs.
(5) Condition 2 is that the application does not call into question anything done by the Crown Court.
(6) Condition 3 is that the application falls within a class specified under section 18(6) of the Tribunals, Courts and Enforcement Act 2007.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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