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JUDICIAL REVIEW ACT 1991 - SECT 47 Powers of court

JUDICIAL REVIEW ACT 1991 - SECT 47

Powers of court

47 Powers of court

(1) The court may grant the declaration or injunction sought in an application under section 43 instead of, or in addition to, a prerogative order if it considers it would be just and convenient to do so having regard to—
(a) the nature of the matters in relation to which relief may be granted by way of a prerogative order; and
(b) the nature of the persons against whom relief may be granted by way of a prerogative order; and
(c) all the circumstances of the case.
(2) On an application for review—
(a) any relief mentioned in section 43 (1) or (2) may be sought instead of, or in addition to, any other relief mentioned if it relates to the same matter; or
(b) the court may grant the relief it considers the most appropriate available under this section, even if it is not included in the application.
(3) If—
(a) the relief sought in an application for review is a certiorari order; and
(b) the court is satisfied that there are grounds for setting aside the decision to which the application relates;
the court may, in addition to setting aside the decision, remit the matter to the court, tribunal, person or body concerned for further consideration, subject to such directions (including the setting of time limits for the further consideration, and for preparatory steps in the further consideration) as the court considers appropriate.
(4) If the relief sought in an application for review is a certiorari order or prohibition order, the court may—
(a) by order, suspend the operation of a decision or order of a court, tribunal, authority or person to which the application relates until further order of the court; or
(b) order a stay of the proceedings to which the application relates until—
(i) the determination of the application; or
(ii) such other time as the court orders.