consequences". It is a question of law, and has to be decided on an objective basis with full reference to the facts of the case. Although the GCHQ case states that "effect will be given in public law" for a legitimate expectation, the legitimacy of an expectation is not meant to be a conclusory label assuring the court's provision of remedies, but rather to warrant prima facie protection only. It may be rebutted by countervailing public interests. Nature of representation made A legitimate expectation does not arise when it is made ultra vires of the decision-maker's statutory powers, that is, when the decision-maker lacked legal power to make the representation. Courts are reluctant to protect such an expectation that has been created. The rationale is undoubtedly clear and rests on the scope of the administrative authority's powers. It prevents public authorities from expanding their powers simply by making ultra vires representations. Secondly, allowing public authorities to be bound by their ultra vires representations may potentially prevent them from exercising their statutory powers or duties. Also, allowing a public authority to be bound could be unfair to third parties who are affected. However, courts may be obliged to protect legitimate expectations arising from representations by unauthorized officers of the public body. Ultra vires representations Expectations are not legitimate when they require a public authority to act in breach of its statutory duty. This applies only when the statutory provisions diametrically conflict with the representation. In other words, the statutory provision will render the courts' fulfilment of the expectation impossible. However, a statutory provision which merely permits, but does not compel the public authority to breach the expectation will not necessarily justify any such breach. An individual's human rights protected by the Human Rights Act 1998 of the UK, may occasionally override arguments of legality. In Stretch v. United Kingdom (2003), the European Court of Human Rights declared that whether the legality of the authority's action should be ignored will be determined on a case-by-case basis, and in light of proportionality. Statements by unauthorized officers For an expectation to be legitimate, the individual making the representation must have actual or apparent authority to make it on the behalf of the public authority. Such representations would prima facie bind the public authority. Although representations made by an individual with apparent authority may have been made outside his or her powers, they are nevertheless