17th April 2009, 08:24 PM
Just a point on Wednesbury it has to fall into one of the following.
?
? the corporation, in making that decision, took into account factors that ought not to have been taken into account, or
? the corporation failed to take account factors that ought to have been taken into account, or
? the decision was so unreasonable that no reasonable authority would ever consider imposing it.
I would suggest that a council stipulating membership of a Body that was not recognised in law as the controlling body of that profession such as that controlling medical practice or law would be acting unreasonably as in the first point above. Secondly PPGs are advisory and therefore cannot be relied on in law other than by reference to the legislation from which they derive their power.
?
? the corporation, in making that decision, took into account factors that ought not to have been taken into account, or
? the corporation failed to take account factors that ought to have been taken into account, or
? the decision was so unreasonable that no reasonable authority would ever consider imposing it.
I would suggest that a council stipulating membership of a Body that was not recognised in law as the controlling body of that profession such as that controlling medical practice or law would be acting unreasonably as in the first point above. Secondly PPGs are advisory and therefore cannot be relied on in law other than by reference to the legislation from which they derive their power.