Chapter 16 Self-test questions

If a body acts ultra vires it means it has acted;

beyond its legal powers

within its legal powers

without discretion

If a public authority has a statutory discretion it means;

it has a choice as to the course of action taken

it has a duty to act in a particular way

it has a duty not to act in a certain way

Consider which statement is the most accurate;

a public authority may not adopt a policy when exercising its discretionary power.

a public authority may adopt a policy when exercising its discretionary power if the relevant statute permits.

a public authority may adopt a policy provided it does not apply it rigidly and is willing to listen to those with something new to say.

A public authority will be abusing its discretion if it acts for an improper purpose. An improper purpose is;

a purpose which is not stated in the relevant statute.

a purpose which is related to resources.

a purpose which is not stated in the statute and cannot be implied into the statute.

Consider which statement is the most accurate.
The courts are reluctant to judicially review errors of fact because;

the facts are complex

judicial review is about law and not facts

factual matters are better decided by the primary decision maker who has heard the evidence. And the judicial review process is not really suitable for making determinations of fact.