Can the Court infer additional procedural requirements?
The most obvious procedural requirements are those set out on the face of legislation (or in Codes, Codes of Practice, or guidance). However, the Court may, in limited circumstances, infer procedural requirements above and beyond those that appear in legislation. It will only do so where there is no implication from the wording of the legislation that the requirements set out there are exhaustive and where additional requirements must be inferred to achieve fairness (for example, particular consultation requirements).
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