Commentary on Sections

Section 8 – Judicial review and other legal proceedings

19.This section enables the Commissioner to institute or intervene in legal proceedings in England and Wales if it appears to the Commissioner that the proceedings are relevant to a matter in respect of which he or she has a function.

20.In addition to providing that the Commissioner’s power to institute or intervene in legal proceedings is subject to any limitations and restrictions imposed by legislation or rules of court, subsection (2) makes clear that subsection (1) does not, of itself, create a cause of action.