Member

The proposed new clause says that it applies to all decisions taken by the National Age Assessment Board. There is an option in rare cases for local authorities still to make decisions; those, of course, would not be caught by this clause—that is in subsection (1). Subsection (2) says that this applies only if there is a judicial review of the age-assessment decision. Subsection (3), as I am sure the Minister will have seen, requires the court or tribunal determining the judicial review application to determine that application on the basis that the person’s age is a matter of fact to be determined by NAAB and not by the court—this has the effect of reversing the decision in A v Croydon—in light of the new statutory regime which this Government have enacted. Accordingly, as it says at subsection (3)(a), the court or tribunal