Article 7 Amendments to the Civil Procedure Rules 1998

In Part 54—

(a)

in the table of contents, omit—

(i)

“II STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002^f1”; and

(ii)

the entries relating to rules 54.21 to 54.27;

(b)

for rule 54.19(2) substitute—

“(2)
The court may—

(a)
(i)
remit the matter to the decision-maker; and

(ii)
direct it to reconsider the matter and reach a decision in accordance with the judgment of the court; or

(b)
in so far as any enactment permits, substitute its own decision for the decision to which the claim relates.

(Section 31 of the Supreme Court Act 1981^f2 enables the High Court, subject to certain conditions, to substitute its own decision for the decision in question.)”;

(c)

omit rule 54.19(3) and the parenthesis following that rule; and

(d)

after rule 54.20—

(i)

omit the heading “Section II – Statutory Review under the Nationality, Immigration and Asylum Act 2002”; and

(ii)

omit rules 54.21 to 54.27.

Annotations

Footnotes

f1: 2002 c.41.
f2: 1981 c.54. Section 31 is amended by section 141 of the Tribunals, Courts and Enforcement Act 2007 (c. 15).