Chapter 11 Self-test questions

. What does the Latin phrase ultra vires mean in English?

Outside the power

Within the power

Wholly of the power

That the exercise of the power is justified in law

. What is 'simple' or 'narrow' ultra vires?

When the public authority has made a simple error

The public authority has acted outside of its powers, but it only affects a narrow range of people

When the public authority has acted outside the scope of the powers granted to it under statutes passed by Parliament

When the public authority has acted outside of its powers because it has made a simple mistake

. What is a discretionary power?

A power that when exercised means a public authority has a legal obligation to always apply a set of defined criteria to any decision that it has to make

A power that allows a public authority some flexibility over its exercise in individual cases, as long the purpose of the Act that grants the power is being furthered

A power that requires the public authority to reach the same decision each time the power is exercised

A power that gives the public authority complete freedom on how to act, to the extent that the courts cannot question how the power has been exercised

. Which one of the following is considered to be a disadvantage of discretionary powers?

Discretionary powers allow public authorities to decide the matter, taking into account the specific facts of an individual case

Discretionary powers mean that rules are relatively easy to draft as decisions are effectively made by decision makers

Discretionary powers allow public authorities to consider factors that Parliament had not considered when granting the power

Discretionary powers can mean that decisions are made arbitrarily

. Which one of the following is not a method of fettering discretion?

Abdication

Delegating authority according to the statute, granting the power to a public authority

Dictation

Adopting a policy which is rigidly applied to each decision

. When can a public authority delegate power granted to it by Parliament?

Whenever the public authority chooses to

Never

When the statute granting the power, or another statute, either expressly or by necessary application authorises a public authority to delegate the power to another person

When the Prime Minister says so

. How does the Carltona principle apply to the delegation of power?

A public authority can delegate any of their powers to the Carltona Committee on Delegated Powers

Officials within government departments can act in the name of a minister without any formal delegation of power to them

A minister can delegate any of their powers to the Carltona Committee on Delegated Powers

The Carltona Committee on Delegated Powers decides whether a proposed delegation of power is 'reasonable'

. In R v Secretary of State for the Home Department, ex p Venables [1998] AC 407, which of the following was found to be an irrelevant consideration?

The seriousness of the crime that Venables had committed

The age of Venables at the time he committed the crime

Public confidence in the penal system

A petition organised by a national newspaper

. Which one of the following need not be considered by public authorities under the Public Sector Equality Duty, as provided by the Equality Act 2010, section 149(1)?

Employing an equal number of men and women

Eliminating discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act

Advancing equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

Fostering good relations between persons who share a relevant protected characteristic and persons who do not share it

. Which one of these is not a 'relevant protected characteristic' under the Public Sector Equality Duty, as provided by the Equality Act 2010, section 149?

Socio-economic status

Disability

Sexual orientation

Age