Commentary on Sections Special jurisdiction Section 58 – Decision on remittal
205.Section 58 provides that the Upper Tribunal has the same powers and should apply the same principles as the Court of Session when determining a petition for judicial review. Subsection (4) makes it clear that a determination of a petition for judicial review remitted to the Upper Tribunal under section 57 is not an excluded decision and can be appealed to the Court of Session in accordance with section 48.