101Application to Supreme Court for declaration

### 101 Application to Supreme Court for declaration > > (1)  If a relevant person is adversely affected by a final decision of the Commission under [regulation 100](#GS100@EN) , the person may request the Commission to apply to the Supreme Court for a declaration in respect of that decision. > > > (2)  If so requested by a relevant person, the Commission must apply to the Supreme Court for a declaration in respect of a final decision. > > > (3)  Subject to [subregulation (5)](#GS101@Gs5@EN) , the Supreme Court, on an application under this regulation, may make a declaration as to the validity or otherwise of the final decision in respect of which the application is made. > > > (4)  The Supreme Court is to have regard to any relevant fact or event in making the declaration. > > > (5)  The Supreme Court must not make a declaration in respect of a final decision, the validity of which cannot be decided at the time when the Court is asked to make the declaration. > > > (6)  For the purpose of reviewing a final decision by the Commission, the Supreme Court has all the powers and discretions conferred on the Commission. > > > (7)  The Supreme Court may make a declaration – > > > > > > (a) affirming the Commission's final decision; or > > > > > > > (b) remitting the matter to which the Commission's final decision relates to the Commission for reconsideration in accordance with the directions of the Supreme Court; or > > > > > > > (c) varying the Commission's final decision; or > > > > > > > (d) setting aside the Commission's final decision and substituting a decision for the decision set aside. > > > (8)  Except as provided in [subregulations (9)](#GS101@Gs9@EN) and [(10)](#GS101@Gs10@EN) , the cost of making an application to the Supreme Court is to be met by the Commission from the PS Fund or the PRB Fund, as the case may require. > > > (9)  On requesting the Commission to apply to the Supreme Court for a declaration, a relevant person must pay to the Commission an application fee of 200 fee units. > > > (10)  If, in the opinion of the Supreme Court, the request is frivolous or not in good faith, the Court may award costs in full or part against the relevant person making the request.