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PostPosted: Sun Aug 05, 2007 7:38 pm 
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Some may be wondering what is meant by Ultra Vires in respect of council decision making, I hope the following gives everyone a greater insight into the meaning of making unlawful decisions as defined in the context of Ultra Vires which relates specifically to administrative bodies such as local councils.
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The doctrine of ultra vires.

The rules which require statutory corporations to act intra vires and which are applied by the courts to local authorities consist not only of the limitation of powers but extend also to matters concerning the manner of the exercise of a discretion or duty and the procedure adopted. The following matters are among the relevant considerations in deciding whether any action of a local authority which is subject to challenge in the courts is lawful or is ultra vires:

(1) whether the action of the local authority is expressly or impliedly authorised or is within the general subsidiary powers of the authority;

(2) whether the action challenged has been exercised in good faith and for the purposes for which the power was conferred;

(3) whether the decision challenged was influenced to a significant extent by relevant considerations not being taken into account or by irrelevant considerations being taken into account;

(4) whether the decision challenged was manifestly unreasonable in the sense that it could not have been reached by any reasonable body;

(5) whether the decision challenged was accompanied by a failure to comply with mandatory procedural requirements or other mistake of law;

(6) whether a discretion has been exercised or a duty executed;

(7) whether a discretion has been fettered by an improper application of general rules for policy established by the local authority;

8. whether the action taken by an appropriate authority, committee or person has been taken by an authority, committee or person with the powers for that purpose lawfully entrusted and exercised, or whether a lawfully entrusted authority, committee or person was correctly constituted when it decided the matter;

(9) whether, in exercising powers or duties of a semi-judicial or judicial character, a local authority (or its authorised committee, sub-committee or officer) followed procedure contrary to the rules of natural justice.
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PostPosted: Sun Aug 05, 2007 7:51 pm 
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Examples of the grant of quashing orders and prohibiting orders.

Quashing orders (formerly known as orders of certiorari) are frequently made when applications for judicial review are successful.

By way of example, orders of certiorari have been made against a department of state, an individual minister who made an invalid clearance order or an order to take over a school for wrong reasons or in breach of natural justice.

Or an order wrongly not to hold a public inquiry, a local authority that wrongfully granted a licence or planning permission, licensing justices, a valuation officer who made a rating list on wrong principles, an immigration officer who refused leave to enter on wrong grounds, the Gaming Board for refusal of a certificate of consent for a gaming club without a fair hearing, the Police Complaints Board, an election court, a local legal aid committee, rent tribunals, a rent assessment committee, a medical appeal tribunal, a vaccine damage tribunal, a dairy produce quotas tribunal, the Milk Marketing Board, the Health and Safety Commission, a prison board of visitors, a prison governor in respect of a disciplinary award, the Commission for Racial Equality, the Registrar of Companies in respect of the registration of a charge, and mental health commissioners.

Prohibiting orders (formerly known as orders of prohibition) are also frequently made on applications for judicial review. By way of example, orders of prohibition have been made against Electricity Commissioners to prevent them from holding an inquiry with a view to bringing into force an ultra vires scheme for the supply of electricity, magistrates to prevent them from exceeding their jurisdiction, a prison board of visitors to prevent them from hearing a charge which they are not entitled to deal with, a local authority to prohibit it from acting on a resolution with regard to the number of taxi licences to be issued without first hearing representations on behalf of interested parties, or licensing indecent films, a minister making an invalid clearance order, a rent tribunal to prevent it from proceeding with a case outside its jurisdiction, a housing authority to prevent it from requiring the demolition of a house which was improperly condemned, Income Tax Commissioners, the Comptroller-General of Patents, Designs and Trade Marks, and a chief medical officer who was likely to be biased.

Declaratory judgments rather than the prerogative remedies appear to be regarded as appropriate for challenging delegated legislation.
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