Local Government: Judicial Review

(asked on 28th November 2023) - View Source

Question to the Department for Levelling Up, Housing & Communities:

To ask His Majesty's Government, in relation to duties imposed on local authorities by the Economic Activity of Public Bodies (Overseas Matters) Bill for which there is an enforcement authority, whether there are any other instances in statute in which persons are able to make applications for judicial review of the local authority, rather than the enforcement authority.


Answered by
Baroness Penn Portrait
Baroness Penn
Minister on Leave (Parliamentary Under Secretary of State)
This question was answered on 12th December 2023

It is expected that the enforcement regime will act as the main deterrent to breaches of the ban. However, where the public body in question would be amenable to judicial review in relation to the decision, the Bill is clear that judicial review is still available to any persons, irrespective of the other enforcement provisions in the Bill. This is in line with the normal principle that the exercise of public functions should be subject to judicial review.

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