The particular individual on whom the task of forming the relevant opinion had been imposed by statute could not possibly perform all the tasks delegated to the relevant financial officer. He had, and needed, a staff to perform his functions, and it was a member of his staff who had formed the relevant opinion. The question was not whether there had been a delegation so that the decision was not that of the treasurer but of the subordinate; the question was whether the treasurer had authorised the subordinate to act as his agent in forming the opinion.
References: [1981] 1 WLR 173
Judges: Lord Roskill
Jurisdiction: England and Wales
This case is cited by:
- Explained – Cheshire County Council v Secretary of State for the Environment 1988
The court was asked as to the authority of an assistant solicitor to issue an enforcement notice when the standing orders which dealt with delegated powers referred in this context, but not in others, to the County Solicitor and Secretary alone. The . .
([1988] JPL 30) - Cited – Younger Homes (Northern) Ltd v First Secretary of State and Another Admn 26-Nov-2003
The claimant sought to quash a planning decision on the basis that a screening decision had not been made.
Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to . .
(, [2003] EWHC 3058 (Admin))
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.192005
