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Regulation 52 Appeals to the High Court or the Court of Session

Original text. Later amendments are not shown.

(1)

This regulation applies where—

(a)

under regulation 47 a pending applicant has made an appeal to the High Court or the Court of Session in respect of a pending application; and

(b)

the court holds that the Authority made an error of law in upholding the non-qualification determination in respect of the application.

(2)

The court may in its discretion—

(a)

remit the pending application to the Authority to re-consider the non-qualification determination;

(b)

hold that the pending application is a qualifying application and require the delivery body to comply with, as appropriate, regulation 51(2) or (3) as is relevant to the application; or

(c)

grant such further or other remedy as it thinks fit.

(3)

Where—

(a)

paragraph (2)(a) applies; and

(b)

on a re-consideration the Authority determines that the pending application is a qualifying application,

the delivery body must comply with regulation 51(2) or (3) as is relevant to the application.