Appeal: Difference between revisions
(Note legislation permitting appeals to UKSC) |
(Actually, I don't think the Court of Session Act it strictly relevant.) |
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Appeals against decisions of the Upper Tribunal go to the Court of Appeal in England and Wales, the Court of Session, or the Court of Appeal in Northern Ireland, as appropriate, by virtue of section 13 of the {{ukpga|2007|15}}. | Appeals against decisions of the Upper Tribunal go to the Court of Appeal in England and Wales, the Court of Session, or the Court of Appeal in Northern Ireland, as appropriate, by virtue of section 13 of the {{ukpga|2007|15}}. | ||
Appeals from each of those courts go to the Supreme Court of the United Kingdom by virtue of section 40 of the {{ukpga|2005|4}} | Appeals from each of those courts go to the Supreme Court of the United Kingdom by virtue of section 40 of the {{ukpga|2005|4}} and section 42 of the {{ukpga|1978|23}}. | ||
==Scottish appeals== | ==Scottish appeals== | ||
Appeals against decisions of the Scottish Information Commissioner go straight to the Court of Session under section 56 of the {{asp|2002|13}}, and thereafter to the Supreme Court. | Appeals against decisions of the Scottish Information Commissioner go straight to the Court of Session under section 56 of the {{asp|2002|13}}, and thereafter to the Supreme Court. | ||
Revision as of 17:34, 8 December 2010
If either a complainant or a public authority is unhappy with a decision of the Information Commissioner or the Scottish Information Commissioner, they can appeal the decision through the courts. The precise appeal route depends on the commissioner in question.
Non-Scottish appeals
Appeals against decisions of the Information Commissioner go to the First-Tier Tribunal or the Upper Tribunal by virtue of section 57 of the Freedom of Information Act 2000, as amended by SI 2010/22. Such cases are assigned to the General Regulatory Chamber of the First-Tier Tribunal by SI 2010/2655. Cases can be transferred to the Upper Tribunal under rule 19 of SI 2009/1976 (as amended by SI 2010/43).
Appeals against decisions of the First Tier Tribunal go to the Upper Tribunal by virtue of section 11 of the Tribunals, Courts and Enforcement Act 2007. Such appeals are assigned to the Administrative Appeals Chamber by SI 2010/2655.
Appeals against decisions of the Upper Tribunal go to the Court of Appeal in England and Wales, the Court of Session, or the Court of Appeal in Northern Ireland, as appropriate, by virtue of section 13 of the Tribunals, Courts and Enforcement Act 2007.
Appeals from each of those courts go to the Supreme Court of the United Kingdom by virtue of section 40 of the Constitutional Reform Act 2005 and section 42 of the Judicature (Northern Ireland) Act 1978.
Scottish appeals
Appeals against decisions of the Scottish Information Commissioner go straight to the Court of Session under section 56 of the Freedom of Information (Scotland) Act 2002, and thereafter to the Supreme Court.
