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Amendments of decisions or documents subject to Part 9 judicial review
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288. (1) This section applies to Part 9 judicial review proceedings in which an order of certiorari is sought and where—
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(a) an applicant succeeds on at least one ground and the High Court is satisfied that—
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(i) the ground concerned is based on an error with a decision or act, including an error on the face of the record, of a relevant body,
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(ii) making an amendment to a decision or document would address the ground, render the ground moot in whole or in part, or act as a satisfactory remedy in respect of the ground, and
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(iii) it is within the jurisdiction of the relevant body to make the amendment referred to in subparagraph (ii),
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or
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(b) in relation to a ground pleaded concerning an error, including an error on the face of the record, of a relevant body that is a respondent or notice party in the proceedings—
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(i) the relevant body—
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(I) admits or acknowledges that it made the error so pleaded, and
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(II) pleads that the error is one in which it is appropriate for the High Court to exercise its powers under this section,
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and
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(ii) the High Court is satisfied that the error is one in which it is appropriate for it to exercise its powers under this section.
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(2) Where this section applies, a court may, instead of granting an order of certiorari—
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(a) order the relevant body to give effect to the amendment referred to in subparagraph (ii) of paragraph (a) of subsection (1), within such period as it may direct, which period shall be no longer than is necessary in order to give effect to the amendment,
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(b) order an adjournment of the Part 9 judicial review proceedings in order for the relevant body to perform a function or exercise a power, and
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(c) make such orders consequential on, or necessary to give effect to, a decision under this section as it sees fit.
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(3) The power of the High Court under subsection (2) is without prejudice to its power to—
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(a) award any remedy within its jurisdiction, other than an order of certiorari, in respect of the ground concerned, and
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(b) award any remedy within its jurisdiction in respect of a ground to which subsection (1) does not apply.
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(4) Where the High Court is satisfied that, after any period of adjournment referred to in paragraph (b) of subsection (2)—
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(a) the relevant body has given effect to an order under that subsection, and
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(b) doing so has addressed the ground to which such an order relates, or rendered it moot in whole or in part,
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it may make an order striking out the ground.
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