Law and change: Scottish legal heroes
Law and change: Scottish legal heroes

Start this free course now. Just create an account and sign in. Enrol and complete the course for a free statement of participation or digital badge if available.

Free course

Law and change: Scottish legal heroes

6.1 Consultation

Legislation can also impose specific procedural conditions or requirements which must be satisfied before a power can be exercised. For example, legislation might stipulate that the Scottish ministers or another public authority must:

  • consult with particular persons
  • publish a decision in draft
  • make due inquiry
  • consider any objections before making a decision.

These procedural requirements are important, and failure to comply with them may make a decision invalid. The decision-maker will need to fulfil them (and be able to show that they have been fulfilled) in spirit, as well as literally.

Consultation helps to make the process a transparent and fair one and helps to ensure that the decision-maker is in possession of all the relevant information, so that the decision is a ‘rational’ one as well. Where consultation is undertaken, it has to be conducted properly if it is to satisfy the requirement for procedural fairness. Four conditions have to be satisfied, as illustrated in the figure below.

Figure 3 Four conditions
WXM151_4

Take your learning further

Making the decision to study can be a big step, which is why you'll want a trusted University. The Open University has 50 years’ experience delivering flexible learning and 170,000 students are studying with us right now. Take a look at all Open University courses.

If you are new to University-level study, we offer two introductory routes to our qualifications. You could either choose to start with an Access module, or a module which allows you to count your previous learning towards an Open University qualification. Read our guide on Where to take your learning next for more information.

Not ready for formal University study? Then browse over 1000 free courses on OpenLearn and sign up to our newsletter to hear about new free courses as they are released.

Every year, thousands of students decide to study with The Open University. With over 120 qualifications, we’ve got the right course for you.

Request an Open University prospectus371