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1.     Illegality- the decision maker must understand the law that regulates his decision-making powers and must give effect to it. The decision must not be ultra vires, there should be no errors of law or fact and improper purpose, bad faith unauthorized delegation and failure to act;

 

2.     Procedural impropriety- Failure to comply with the mandatory procedures such as breach of natural justice, bias, duty to act fairly, audi alteram partem and failure to give reasons.

 

3.     Irrationality - As Lord Diplock put it in the Council of Civil Service Unions V The Minister for the Civil Service [1983] UKHL 9, a decision so outrageous in its defiance to logic or of accepted moral standards that no sensible person who had applied his mind to the question would have arrived at it.

 

 d)    The court found that the applicant raised only merit oriented issues failing to touch on the key issues of illegality, procedural impropriety and irrationality.

 e)     The Retirement Benefits Appeals Tribunal is properly seized with the jurisdiction to deal with matters on merit by virtue of section 48 of the Act.

 f)      The application for order of certiorari was dismissed with costs to the Respondent.

 Import of the judgment

 1.     The Authority has the powers to appoint an interim administrator provided the appointment is in line with the law and free from procedural impropriety and irrationality.

 2.     Schemes and Authority to continuously work together for the better management and supervision of schemes;

 3.     There needs to be a fully constituted Retirement Benefits Appeals Tribunal in order for retirement benefit matters to be considered based on merit.

 

Clare Abuodha, legal officer at Retirement Benefits Authority

 

 


 
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