25.5  Exercise of Authorised Functions

In exercising the Authorised Functions the Service Provider shall act in accordance with the principles of any Law which governs the conduct of the Authority and, without prejudice to the generality of the foregoing, shall:

(a)  comply with all relevant Law, Guidance, [Highways Standards and Relevant Lighting Standards]15 and any other administrative and procedural requirements:

(b)  not take any decisions or actions which may be considered perverse or unreasonable and liable to be quashed;

(c)  obey the rules of natural justice; and

(d)  take such reasonable actions as are necessary to minimise the risk of Judicial Review

[and if the Service Provider fails to exercise any Authorised Function in the manner set out in this clause 25 then the Authority may withdraw or suspend the authorisation in respect of any such Authorised Function]16.

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15  See footnote to definition of Guidance.

16  Consideration needs to be given as to the remedy for failure by the Service Provider to exercise the Authorised Functions properly.  Simply withdrawing or suspending the authorisation may not be practical or appropriate.  It could be dealt with by deductions under the Payment Mechanism or may allow step in by the Authority pursuant to clause 60.