The Weekly Law Reports
[1986] 2 WLR 1
[HOUSE OF LORDS]
NOTTINGHAMSHIRE COUNTY COUNCIL RESPONDENTS AND SECRETARY OF STATE FOR THE ENVIRONMENT APPELLANT
CITY OF BRADFORD METROPOLITAN COUNCIL RESPONDENTS AND SECRETARY OF STATE FOR THE ENVIRONMENT APPELLANT
[On appeal from REGINA v.
SECRETARY OF STATE FOR THE ENVIRONMENT, Ex parte
NOTTINGHAMSHIRE COUNTY COUNCIL AND ANOTHER]
1985 Oct. 28,
29,
30,
31;
Nov. 4, 5, 7;
Dec. 12
Nov. 4, 5, 7;
Dec. 12
Lord Scarman, Lord Roskill, Lord Bridge of Harwich, Lord Templeman and Lord Griffiths
Crown
— Minister
— Statutory powers
— Statutory discretion to give guidance to local authorities
— Rate support grant
— Expenditure targets
— Guidance differentiating between high-spending and low-spending authorities
— Guidance for high-spending authorities based on previous year's guidance rather than on authorities' grant-related expenditure
— Whether guidance lawful
— Whether “framed by reference to principles applicable to all local authorities”
— Whether unreasonable
—
Local Government, Planning and Land Act 1980 (c. 65) (as amended by Local Government Finance Act 1982 (c. 32), s. 8), s. 59(6)(cc) (11A)
Judicial Review
— Crown
— Limits of judicial review
— Rate support grant
— Guidance to local authorities on expenditure
— Guidance laid before and approved by House of Commons
— Whether guidance reviewable by courts on grounds of “unreasonableness”
24
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