The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 3) Order 2008

Made: 14th March 2008

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 148(5) of the Tribunals, Courts and Enforcement Act 2007(¹.

Citation

1

This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 3) Order 2008.

Commencement

2

Section 141 of the Tribunals, Courts and Enforcement Act 2007 (judicial review: power to substitute decision) comes into force on 6th April 2008.

Signed

Signed on behalf of the Lord Chancellor

Bridget Prentice — Parliamentary under Secretary of State — Ministry of Justice — 14th March 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the third commencement order made under the Tribunals, Courts and Enforcement Act 2007.

The Order brings section 141 of the Tribunals, Courts and Enforcement Act 2007 into force on 6th April 2008. Section 141 relates to judicial review; it substitutes the existing section 31(5) of the Supreme Court Act 1981 and extends the power of the High Court in respect of quashing orders. The High Court will have the power to substitute its own decision for the decision of a court or tribunal in certain circumstances: where the decision maker is a court or tribunal, the decision is quashed on the ground that there has been an error of law and if the High Court is satisfied that it is the only decision the court or tribunal could have reached.

Footnotes