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Review Your SQE 1 Practice Records

Examination Timing: 00H01M05S

The National Fishing Authority (NFA) was established by statute to determine whether fishing is permissible or prohibited in all lakes and watercourses, and to regulate such use when permitted. The NFA has a committee of seven members, all selected by the Secretary of State for the Environment. Statutory procedures require the NFA to consult relevant property owners, local authorities, and "organisations representing large numbers of water sport participants" before making rules. However, the National Watercourse Federation (NWF), which has over 20,000 members, was not consulted before new rules were issued. 

Please identify which principle of judicial review is raised by the NFA's decision:

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The scenario highlights a breach of a mandatory statutory requirement to consult relevant stakeholders before making rules. The failure to consult the National Watercourse Federation (NWF), a significant stakeholder, constitutes procedural impropriety. This principle ensures that decision-making processes are fair and that all relevant parties are given the opportunity to contribute their views. 

Key Point: Procedural impropriety in judicial review involves failures to follow required procedures or to act fairly in the decision-making process. It serves to uphold standards of administrative justice and fairness in public decision-making.

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