Nullity of the administrative act

(1) An administrative act is void insofar as it suffers from a particularly serious defect and this is manifest on a reasonable assessment of all circumstances that come into consideration.
(2) Without regard to whether the conditions of subsection (1) are met, an administrative act is void
1. that has been issued in writing or electronically but does not disclose the issuing authority;
2. that, under a legal provision, may be issued only by the handing over of an instrument, but does not satisfy this form;
3. that an authority has issued outside the competence founded by section 3(1), no. 1, without being empowered to do so;
4. that no one can carry out for factual reasons;
5. that demands the commission of an unlawful act realising the elements of a criminal offence or a regulatory offence;
6. that offends against public policy.
(3) An administrative act is not void merely because
1. provisions on local jurisdiction have not been observed, except where a case under subsection (2), no. 3 exists;
2. a person excluded under section 20(1), first sentence, nos. 2 to 6 has participated;
3. a committee called upon by legal provision to participate has not adopted the resolution prescribed for the issuing of the administrative act, or lacked a quorum;
4. the participation of another authority required by a legal provision has been omitted.
(4) Where the nullity concerns only part of the administrative act, it is void as a whole where the void part is so material that the authority would not have issued the administrative act without the void part.
(5) The authority may establish the nullity at any time on its own initiative; on application, it must be established where the applicant has a legitimate interest in this.