Comments on: The new ‘Administrative Appeals Chamber’ in Scotland http://www.jonathanmitchell.info/2008/10/30/the-new-administrative-appeals-chamber-in-scotland/ Scots law and legal practice Mon, 06 Sep 2010 11:19:48 +0000 hourly 1 http://wordpress.org/?v=abc By: Joe Bryce http://www.jonathanmitchell.info/2008/10/30/the-new-administrative-appeals-chamber-in-scotland/comment-page-1/#comment-618 Joe Bryce Mon, 13 Jul 2009 05:30:59 +0000 http://www.jonathanmitchell.info/?p=250#comment-618 Jonathan What do you see as being the actual mechanism for making an application to the judicial review jurisdiction of the Upper Tribunal in relation to one of the areas of its mandatory or discretionary jurisdiction in Scotland? Do the terms of section 21 of the 2007 Act imply that the Court of Session acts as "gatekeeper" in Scotland, in contrast with the seeming provisions in terms of sections 15 and 16 for applications direct to the UT in England, Wales & NI? If so, may one disregard the Procedure Rule 28 time limits so far as Scotland is concerned? I agree with you, the website is "horribly misleading". Jonathan

What do you see as being the actual mechanism for making an application to the judicial review jurisdiction of the Upper Tribunal in relation to one of the areas of its mandatory or discretionary jurisdiction in Scotland?

Do the terms of section 21 of the 2007 Act imply that the Court of Session acts as “gatekeeper” in Scotland, in contrast with the seeming provisions in terms of sections 15 and 16 for applications direct to the UT in England, Wales & NI?

If so, may one disregard the Procedure Rule 28 time limits so far as Scotland is concerned?

I agree with you, the website is “horribly misleading”.

]]> By: JM http://www.jonathanmitchell.info/2008/10/30/the-new-administrative-appeals-chamber-in-scotland/comment-page-1/#comment-51 JM Sun, 02 Nov 2008 16:38:53 +0000 http://www.jonathanmitchell.info/?p=250#comment-51 @MM; Right now it's impossible to know, as it has not been published anywhere, but from the Scottish Parliament's Statutory Instrument Tracker for 31 October it appears that there is indeed an Act of Sederunt (Rules of the Court of Session Amendment no 5) (Miscellaneous) 2008, SSI 2008/349, which was laid before Parliament on 29 October and is due to be considered by the Subordinate Legislation Committee on 4 November. The SLC will only consider vires, not merits. So the answer ought at least to become public next week. @MM;
Right now it’s impossible to know, as it has not been published anywhere, but from the Scottish Parliament’s Statutory Instrument Tracker for 31 October it appears that there is indeed an Act of Sederunt (Rules of the Court of Session Amendment no 5) (Miscellaneous) 2008, SSI 2008/349, which was laid before Parliament on 29 October and is due to be considered by the Subordinate Legislation Committee on 4 November. The SLC will only consider vires, not merits. So the answer ought at least to become public next week.

]]> By: MM http://www.jonathanmitchell.info/2008/10/30/the-new-administrative-appeals-chamber-in-scotland/comment-page-1/#comment-43 MM Sat, 01 Nov 2008 22:22:46 +0000 http://www.jonathanmitchell.info/?p=250#comment-43 To add to these links, the parliamentary history for the 2007 Act is at http://www.publications.parliament.uk/pa/pabills/200607/tribunals_courts_and_enforcement.htm . A question: under reference to Rule 44, you refer to an unpublished Act of Sederunt, no 5 of 2008. Could this also include the provision for compulsory transfer? To add to these links, the parliamentary history for the 2007 Act is at http://www.publications.parliament.uk/pa/pabills/200607/tribunals_courts_and_enforcement.htm .

A question: under reference to Rule 44, you refer to an unpublished Act of Sederunt, no 5 of 2008. Could this also include the provision for compulsory transfer?

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