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Words: | Submitted: Tue Jun 20 2006
... official body such as that of SRA could do this on purpose or unconsciously which the court may decide is an unlawful decision. The courts may come in where it seems the discretion has not been exercised correctly however; the court will not be able to give its own decision for the decision made by i.e. The SRA. With this mind we must look at the grounds on which a court may review the exercise of this discretion and whether the SRA is intra vires Rail Passengers Council. (a)Firstly a public authority's powers must be exercised consistent with the conferring statute. The exercise of power will be unlawful where the decisions maker takes in to account factors in law which are irrelevant or leaves matters which are relevant. The SRA sets up an advisory committee that will provide recommendations in the process of franchising. The key question is, does the SRA follow ...
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