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Education (Northern Ireland) Order 1998

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3.—(1) Paragraph 1(1) does not apply for the purposes of determining any question arising on an application for judicial review as to whether [F1the Authority] had power to enter into a contract (or exercised any power properly in entering into a contract).N.I.

(2) Paragraph 1(1) has effect subject to any determination or order made in relation to a certified contract on an application for judicial review.

(3) Where, on an application for judicial review relating to a certified contract entered into by [F1the Authority], a court—

(a)is of the opinion that [F1the Authority] did not have power to enter into the contract (or exercised any power improperly in entering into it); but

(b)(having regard in particular to the likely consequences for the financial position of [F1the Authority], and for the provision of services to the public, of a decision that the contract should not have effect) considers that the contract should have effect,

the court may determine that the contract has (and always has had) effect as if [F1the Authority] had had power to enter into it (and had exercised that power properly in entering into it).

(4) In this paragraph and paragraphs 4 and 5 references to an application for judicial review include any appeal (or further appeal) against a determination or order made on such an application.

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