Paragraph 12

In section 27 (review of other decisions by the court)—

(a)

in subsection (1)—

(i)

for “Treasury” substitute “Policy Council”; and

(ii)

omit the words “other than a decision to which section 26 applies (appeal to the court in relation to designations)”;

(b)

in subsection (2), for “High Court or, in Scotland, the Court of Session,” substitute “Royal Court”; and

(c)

for subsections (3) and (4) substitute–

“(3)
The grounds for determining whether the decision should be set aside are that-

(a)
the decision was ultra vires or there was some other error of law,

(b)
the decision was unreasonable,

(c)
the decision was made in bad faith,

(d)
there was a lack of proportionality, or

(e)
there was a material error as to the facts or as to the procedure.

(4)
On an appeal under this section the Court may–

(a)
set the decision of the Policy Council aside and, if the Court considers it appropriate to do so, remit the matter to the Policy Council with such directions as the Court thinks fit, or

(b)
confirm the decision, in whole or in part.

(5)
A decision of the Royal Court under this section shall be final as to any question of fact, but an appeal from such a decision shall lie to the Court of Appeal on any question of law within such period and in such manner as may be prescribed by Order of the Royal Court.”.