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 43instead 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—