A discretionary power must be exercised for proper purposes which are consistent with the conferring statute1. The exercise of such a power will be quashed where, on a proper construction of the relevant statute, the decision-maker has failed to take account of relevant considerations or has taken into account irrelevant considerations2. In some statutes, some or all of the relevant considerations may be express3; where the statute is silent or the express considerations are not exhaustive, the courts will determine whether any particular consideration is relevant or irrelevant to the exercise of the discretion by reference to the implied
**Trials are provided to all ½Û×ÓÊÓƵ products and content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ½Û×ÓÊÓƵ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to ½Û×ÓÊÓƵ or register for a free trial.
CONTINUE READING
To continue reading Halsbury's Laws of England, register for a free Lexis+ trial.
0330 161 1234