Case No. UKUT-00515-(IAC)

to the court or tribunal to attribute little weight to the two considerations specified .” 18. Next, in construing the provisions under scrutiny, certain observations about the structure and syntax of sections 117A and 117B are appropriate. The draftsman’s mechanism of enjoining a decision maker, whether it be a c ourt or t ribunal or other agency, to “ have regard to ” specified matters is of some longevity. It is long established that where this mechanism is employed, the corresponding duty is to obey the legislature ’ s instruction, that is to say the decision maker must have regard to the matter in question. In the typical statutory model, the legislature goes no further. Where this model is invoked this denotes the first stage in the exercise to be performed by the judge or decision maker . T he second stage is a product of the common law : it imports a duty to give such rational weigh t to the matters specified as the judge or decision maker consider s appropriate . W ithin this formulation lies the principle that in the generality of cases in volving decisions of this genre the barometer for judicial review , or appeal on a point of law, is the