Consultation: requirement and process


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Public Law expert
Practice notes

Consultation: requirement and process


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Public Law expert

Practice notes
imgtext

Any Consultation exercise carried out by a Public authority in relation to a proposed decision must be conducted at a time when proposals are at a sufficiently formative stage, with adequate information, and time to allow a proper and informed response, leading to an open-minded consideration of responses.

The legal requirements of consultation, first laid down in R v Brent London Borough Council ex parte Gunning, were approved by the Supreme Court in the context of a statutory requirement on a local Authority to consult in Moseley.

How and when does the duty to consult arise?

There is no general duty for public authorities to consult those affected by their decisions; but a duty to consult may be imposed by statute, or may arise in public law either because of the duty to act fairly, or as a result of a legitimate expectation. The mere use of the word consultation cannot create a duty to consult, as whether an engagement attracts legal obligations is a question of substance, not form (R (Eveleigh) v Secretary of

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Consultation definition
What does Consultation mean?

Legal requirement to consult members where there are material changes in the terms of a pension plan.

Read more

Popular documents

Consultation: requirement and process

Consultation: requirement and processAny consultation exercise carried out by a public authority in relation to a proposed decision must be conducted at a time when proposals are at a sufficiently formative stage, with adequate information, and time to allow a proper and informed response, leading

What is a public authority?

What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.Rather, on one hand the courts have developed case law on which bodies are subject to administrative law through the judicial review procedure;

Royal Charters

Royal ChartersFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and the plan, as set out in Charities Act 2022: implementation plan is for its provisions to come into force in three defined groups over three stages, on 31 October 2022, on 14 June 2023

Parliamentary supremacy—implied repeal

Parliamentary supremacy—implied repealEssential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It follows that, where a later Act of Parliament conflicts with an earlier one, the later one cannot be read as