I should have added that I have used a similar phraseology (as in LookingForAJob's example). This was in the context of the MATS Pt.1 stating that nothing in it precluded the ATCO from using his own discretion in circumstances which necessitated such actions. Does this still exist ?
In such circumstances as LFAJ describes, I feel that its use is "legal" & justified; & is still complying with "The Book".
But, without the "let out" described above, I don't think that this should be used as a regular course of action.