Special provision for judicial reviewN.I.
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.
F1Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)