2011/12/23 John Cross <[email protected]>: > There is a risk that the impartial regulator/judge might reach the > wrong decision when applying the public interest test and in that way > reach a different view to that of the senior civil servant >
No, that's not how the section is drafted at all. http://www.legislation.gov.uk/ukpga/2000/36/section/36 Take the example of ministerial discussion. The decision on whether or not the exemption applies is taken by a minister (who is the "qualified person") for the purposes of s36(2). The only way a court or tribunal could come later overturn that decision is if they found that the minister's belief was *unreasonable*. That is a fairly high hurdle. As a general rule public servants are not allowed to act unreasonably anyway. Maybe Gus wants something like s36(7) for ministerial discussions. -- Francis Davey _______________________________________________ developers-public mailing list [email protected] https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public Unsubscribe: https://secure.mysociety.org/admin/lists/mailman/options/developers-public/archive%40mail-archive.com
