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The Civil Procedure (Amendment No.2) Rules 2007

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Amendments to the Civil Procedure Rules 1998

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7.  In Part 54—

(a)in the table of contents, omit—

(i)“II STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002(1)”; 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(2) 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.

(2)

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

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