Helping you understand Welsh law

Is the right person making the decision?

There is a general rule that where legislation gives a specified individual or body a power to do a particular thing, that power may not be assigned or delegated to another individual or body.

This rule may be rebutted. Legislation may set out in express terms that a power may be delegated, or the Court may infer a power to delegate from the wording and purpose of the legislation.

The Court is more likely to infer a power to delegate administrative functions than judicial or legislative ones, but will consider the circumstances and facts of each case.

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