Regulation 52 Appeals to the High Court or the Court of Session
This regulation applies where—
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
the court holds that the Authority made an error of law in upholding the non-qualification determination in respect of the application.
The court may in its discretion—
remit the pending application to the Authority to re-consider the non-qualification determination;
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
grant such further or other remedy as it thinks fit.
Where—
paragraph (2)(a) applies; and
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.