Administrative Law and The Administrative Court in Wales

THE PUBLIC LAW OF WALES

Administrative Law and the Administrative Court in Wales

THE PUBLIC LAW OF WALES

Administrative Law and the Administrative Court in Wales

David C. Gardner LLB (Hons),

Administrative Court Office Lawyer for Wales, Barrister of Lincoln’s Inn, Solicitor of the Senior Courts

© David C. Gardner, 2016

All rights reserved. No part of this book may be reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright owner. Applications for the copyright owner’s written permission to reproduce any part of this publication should be addressed to the University of Wales Press, 10 Columbus Walk, Brigantine Place, Cardiff CF10 4UP.

The views expressed in this text are those of the author, and do not necessarily reflect those of Her Majesty’s Courts and Tribunals Service or the Ministry of Justice.

The content of this publication does not constitute legal or other professional advice, and should not be relied upon as such. While every reasonable effort has been made to ensure that the content is accurate and up to date, any reliance on the content is solely at the user’s own risk.

www.uwp.co.uk

British Library CIP Data

A catalogue record for this book is available from the British Library.

ISBN 978-1-78316-932-0

eISBN 978-1-78316-934-4

The right of David C. Gardner to be identified as author of this work has been asserted in accordance with sections 77 and 79 of the Copyright, Designs and Patents Act 1988.

Series Preface

For several centuries after the union of the two countries under the Tudors, the laws which applied in England and the laws which applied in Wales were almost exactly identical. Although administered differently in Wales by the courts of Great Session, the laws were not different. Only in the nineteenth century, barely half a century after the abolition of the Great Sessions in 1830, did laws begin to be made for Wales which did not apply in neighbouring England. The number of such laws however remained small when compared with those which were common to both countries. England and Wales was a single law district with a single law – the law of England and Wales, which was in reality English law.

Devolution has changed that situation significantly. The creation of the National Assembly for Wales and its subsequent acquisition of primary law-making powers has meant that there is now a growing number of differences between the laws which apply in Wales and those which apply in England. Although in the majority of cases, the laws of the two countries remain the same, there is an increasing divergence in the rules relating to those matters which have been devolved. In truth, there are now three bodies of law in England and Wales: one which applies only in Wales; a second which applies only in England, and a third which applies in both countries. Whenever the National Assembly legislates for Wales or the United Kingdom Parliament legislates only for England, the divergence increases. As that divergence increases, so does the importance that lawyers, law students and the public should be able to inform themselves of what the law is in Wales. People need to know the laws which govern their lives from the perspective of the society in which they live. In both countries, lawyers need to know what the law is on either side of the border.

The temptation has been to present the law which applies in Wales in terms of the law which applies in England, while merely noting the differences. As divergence increases, that approach becomes not merely unhelpful from a Welsh perspective, but unacceptable. The purpose of this series therefore is to present to the professions and to the public an account of the law as it applies in Wales in the areas where there is now divergence, and in so doing to both redress the deficit and provide the foundation for a legal literature to serve the distinct needs of Wales.

Thomas Glyn Watkin

Contents

Series Preface

Foreword

Preface

Acknowledgements

Note on the Text

List of UK Statutes

List of UK Statutory Instruments

List of Acts of the National Assembly

List of Assembly Measures

List of Welsh Statutory Instruments

List of Conventions

List of European Treaties

List of Cases

Practice Directions, Notes and Statements

1Historical Introduction

Introduction

Prehistory and the Romans

The Welsh Princes

After the Welsh Princes

The Legal Union of England and Wales

The Establishment of the Current Judicial System in England and Wales

Modern Development of Administrative Law and the Crown Office/Administrative Court Office

The European Element

The Road to Devolution

The Government of Wales Act 1998

The Government of Wales Act 2006

Conclusion

2The Administrative Court in Wales: Creation and Jurisdiction

Introduction

Creating the Administrative Court in Wales

The Current Arrangement for the Administrative Court in Wales

The Jurisdiction of the Administrative Court in Wales

The Western Circuit

Conclusion

3Administrative Law

Introduction

Overview

Unlawfulness

Unreasonableness

Procedural Impropriety

Human Rights

Conclusion

4Public Law Defendants in Wales

Introduction

Public Bodies – Defendants in Administrative Court Cases

United Kingdom Government

The National Assembly for Wales

The Welsh Government and the Welsh Ministers

Local Government

Other Welsh Public Body Defendants

Conclusion

5Judicial Review

Introduction

Establishing the Parties

Pre-Action Considerations

Representation, Funding and Advice

An Overview of the Judicial Review Procedure

Lodging the Claim

Interim, Urgent, and Pre-Action Applications

The Acknowledgement of Service

Permission to Apply for Judicial Review

The Substantive Judicial Review

Remedies

The Role of the Upper Tribunal in Judicial Review Proceedings

The Planning Court

Conclusion

6Non-Judicial Review Administrative Court Procedures

Introduction

Pre-Action Conduct

Statutory Applications

General Statutory Appeals

Appeals By Way of Case Stated

Habeas Corpus

Committal for Contempt

Devolution Issues in Court Proceedings: Part 2 of Schedule 9 to the Government of Wales Act 2006

Conclusion

7Consequential and Ancillary Orders in the Administrative Court

Introduction

Ending a Case

Costs

References to the Court of Justice of the European Union

Appeals

Enforcing After Non-Compliance with an Order of the Court

Conclusion

Annex A – Part 54 Civil Procedure Rules

Annex B – ACO Wales Listing Policy

Annex C – Contact Details

Annex D – Addresses for Service of Central Government Departments

Annex E – Judicial Review Checklist

Annex F – ACO Wales Statistics

Annex G – Pro Formas

Annex H – The Legal System of England and Wales

Bibliography

Notes

Foreword

Judicial review, the mainstay work of the Administrative Court, derives from the ancient prerogative writs whereby citizens directly petitioned the monarch for relief against the acts done in the monarch’s name. As a result, the jurisdiction of the court has historically been particularly metrocentric. Until very recently, all claims had to be brought, and heard, in London.

That has now changed. From 1999, claimants were able to issue claims in Cardiff – although they were still generally managed and heard in London. More fundamentally, in 2009, four out-of-London Administrative Court Offices were opened, where claims concerning the relevant circuits can be issued, managed and heard. Two Queen’s Bench Division High Court Judges were appointed to administer this work, and, with other High Court Judges and Deputies, to hear it. Each of the English centres – in Birmingham, Manchester and Leeds – has, in its own way, been successful. About one-quarter of Administrative Court cases are now dealt with outside London. Many have a high level of local public interest, and these offices not only enable parties to have their cases managed and heard locally, but also enable all those with an interest in the case conveniently to attend hearings. This has been an important initiative in favour of access to justice.

The fourth office to open was that of the Administrative Court in Wales. However, whilst it too offers local access to justice, this office is in a somewhat different position to the regional offices in England. Devolution in Wales – a process which appears not yet to have run its full course – made it imperative that challenges to decisions of the Welsh Ministers and other devolved institutions could be made in Wales; hence, the setting up of the post box facility in 1999. From 2009, that became a fully fledged Administrative Court Office, with, in addition to staff, a dedicated High Court Liaison Judge. It is now inconceivable that the challenge to a Welsh decision, made in Wales by a Welsh institution and affecting the people of Wales, is heard anywhere but in Wales. Furthermore, although the court office is in Cardiff, in recognition of the geography of Wales, the Administrative Court in Wales sits throughout the country, in any court appropriate to the subject matter, North or South.

As with the Masters and lawyers who assist with the Administrative Court in London, each of the out-of-London centres has a dedicated lawyer, who is vital to the efficient working of the office. David Gardner has been the Administrative Court lawyer in Cardiff since the office opened. The judges and users of the centres outside London owe him – and his colleagues in the English regional offices – a substantial debt for their contribution to the success of the initiative to enable public law work to be issued and heard outside London. David has a unique perspective of where the Administrative Court in Wales now stands – and how it has got there – as well as what the future might hold. This invaluable book covers past, present and future; and will be invaluable for all those who practise in public law in Wales, or who have an interest in it.

The Hon Mr Justice Hickinbottom

Former Queen’s Bench Division Liaison Judge for Wales

October 2014

Preface

Ihad the honour of being present on 21 April 2009 when the architect of the decentralised Administrative Court, Sir Anthony May, attended Cardiff Civil Justice Centre and formally opened the Administrative Court in Wales. He told the story of his vision of the decentralised Courts which arose out of the recommendation in his Justice Outside London report.¹ In the tale Sir Anthony opened his diary in 2007, turned to 21 April 2009, and wrote that this was the date on which the out-of-London Courts would open. It represented for him an unshakable goal. It represented for Wales a step towards legal and judicial autonomy and a decentralised check on devolved powers.

Two years later, the Administrative Court sat in Cardiff Civil Justice Centre and heard the case of R (Brynmawr Foundation School Governors) v Welsh Ministers.² The claimants challenged the decision of the Welsh Ministers to enter into an arrangement with Blaenau Gwent County Borough Council, pursuant to s. 83(1)(a) of the Government of Wales Act 2006, under which the Council would exercise the function of consulting upon and making proposals about the provision of sixth-form education. The Council was restructuring sixth-form education in its area and wished to close the sixth-form at Brynmawr School. In that case, Mr Justice Beatson (as he then was) was called upon to determine whether the Welsh Ministers were entitled to delegate their statutory power to consult upon and make proposals about the provision of sixth-form education to a Welsh local authority. It was a particularly Welsh issue that, on the one hand, dealt with the provision of education in Wales but, on the other, dealt with the limits of the statutory powers of the Welsh Government.

Five years after decentralisation a Divisional Court³ sat in Cardiff Civil Justice Centre and heard the case of R (Welsh Language Commissioner) v National Savings and Investments.⁴ As with the aforementioned Brynmawr case, this case embodied the need for an Administrative Court in Wales. In the claim the Welsh Language Commissioner, a Welsh public office based in Wales, challenged the decision of National Savings and Investments, a UK-wide public body, to withdraw its Welsh language scheme. These two public bodies had equally valid, yet competing interests. The Commissioner represented the distinctly Welsh goal of promoting the use of the Welsh language. NS&I represented a UK-wide goal of public bodies cutting spending to aid the financial recovery of the UK. It was a case that had public policy implications that affected Welsh speakers, a big issue for a relatively small number of people.⁵ It was also the first Administrative Court case to be conducted in both Welsh and English (at the speaker’s preference);⁶ a right held by Welsh speakers in Welsh Courts pursuant to s. 22 of the Welsh Language Act 1993.

These two cases are wonderfully illustrative of the need for an Administrative Court and an Administrative Court Office in Wales. The Court represents the ability to bring distinctly Welsh issues in a distinctly Welsh way to challenge the decisions of the Governments in Westminster and Cardiff, as well as other public bodies. It would be contrary to the principles behind the legislative and executive autonomy brought by the devolution settlement if these judicial checks were still conducted in London.

The Administrative Court in Wales also has the potential to be the focal point around which the local legal professions can develop an administrative law practice. In his address as part of the Cardiff Law School Public Lecture Series on 7 May 2009, Carwyn Jones outlined the potential that arises out of the Administrative Court in Wales:

[T]here are wider benefits of the expansion of the Administrative Court office in Cardiff, such as encouraging the development of public law practices in Wales – something the Welsh Assembly Government is strongly in favour of.

The enhancement of the Administrative Court in Wales and the growing body of law particular to Wales both create the need for a greater span of lawyers located in Wales, who understand the law as it applies in Wales, and have the knowledge and experience to take on the most complex and sensitive of cases … [W]hat this means is great opportunities for lawyers in Wales – a devolution dividend for the legal professions. I know that changes are happening. We are now seeing the establishment of specialist criminal and civil chambers in Cardiff. However, we need more advocates who are prepared to branch out into areas such as administrative and employment law. I very much hope that the legal professions in Wales will demonstrate that they have the ambition and the will to broaden their horizons, and ensure that centres of legal expertise in a wide range of areas can be found here in Wales.

We also need public bodies and local authorities in Wales to ask themselves why they are instructing counsel from outside Wales. If they are getting a better service elsewhere then we need to know so that the situation in Wales can be improved. Over the next ten years however, I would want to see advocates from Wales getting the lion’s share of the work. The challenge for the Bar particularly is to structure itself to compete for that work.⁷

Sadly a strong public law practice has not developed in Wales. The majority of the public law advocates in Wales travel out from chambers in London. In 2014 only 13 per cent of the advocates appearing in the Administrative Court in Wales came from chambers in Wales.⁸ In his Report: The Future of Legal Services in Wales,⁹ Professor Dermot Cahill analysed what can be done to encourage a stronger local legal profession. Two passages from his report are of particular interest:

A new vision is needed, and Welsh Law Firms and Chambers need to adopt a longer term practice development view … The Welsh Government can play its part by reviewing the appropriateness of the supports it currently has on offer for practice expansion and development. Existing supports are not meeting the development needs of Law Firms. Law Firms and Chambers should be looked on as a distinct [small- and medium-sized enterprises] sector, with supports tailored towards those seeking to develop high growth potential in new areas of practice. Tailored supports should be considered to help support sector growth. Supports should not remain confined to supporting indigenous firms, but should also seek to attract firms from outside Wales in order to foster innovation, competition and attract in seasoned practices with already-established client bases.¹⁰

Much of the specialist public procurement Bar is currently situated in London. As public sector bodies are located throughout Wales, and given that Cardiff is now one of the Administrative Court Centres, this is a practice area ripe for development.¹¹

The potential is there, the cases are there, but more encouragement is needed from Welsh public bodies, the profession itself, and those responsible for legal education in building a strong, local public law profession. Just as the Administrative Court in Wales is vital to the constitutional settlement in Wales, a strong legal profession is a vital component in maintaining a check on executive power in Wales.

Having outlined the importance of the Administrative Court in Wales I should like to say something about the importance of this book, and indeed the Public Law of Wales series. When I took on the role of the Administrative Court Office lawyer for Wales in 2009 I immediately looked for a text on the subject. Wales had enjoyed the benefits of devolution for around ten years and I reasoned that the law of England and the law of Wales would have been slowly diverging. Thus, surely a text existed to guide me through the subtle differences between English and Welsh administrative law. I discovered that such a text did not exist. After three years in the role I had become acutely aware of two points. First, the administrative law of England and the administrative law of Wales were very similar, but not identical. Secondly, in the short time I had been in the role, there were more differences than when I started. The gap was widening. It occurred to me that if a book was to be written on administrative law in Wales, now was the time. I contacted the University of Wales Press and discovered, as seems to be the case with all good ideas, that someone had already had it. Sarah Lewis and Professor Thomas Watkin had also recognised this gap in the market and had resolved to create the Public Law of Wales series. To my good fortune, they invited me to write the inaugural text.

To my mind there was already a demand for a Public Law of Wales series and a text on Administrative Law in Wales. If we look to the future, the case is even stronger. At the Legal Wales Conference held in Cardiff on 7 October 2011 Carwyn Jones, announced that a Green Paper would be produced that would start the debate as to a separate legal jurisdiction for Wales. He pointed to the fact that whilst Wales has distinct Welsh law, the law of England and Wales still applies in Wales which, if nothing else, provides for complex questions over present jurisdiction. The Welsh Government Consultation, A Separate Legal Jurisdiction for Wales, was published on 27 March 2012. In its response to the twelve-week consultation in 2012, the Welsh government said no purpose would be usefully served in seeking immediate responsibility for the whole of administration of justice. In 2014, the Silk Commission agreed with the reasoning of the Welsh Government, but did not remove the idea of a separate legal jurisdiction from the agenda:

We are not therefore convinced of the case for devolving the court system or creating a Welsh judiciary and legal profession at present. We also recognise that there seems from our opinion poll to be limited public appetite for devolution in this area. However, given the emergence of a distinct body of Welsh law that will need to be adequately administered, a separate Welsh courts system and a separate Welsh judiciary is something that must be contemplated in the future. We recommend that the two Governments review the case for this within the next ten years.¹²

The final sentence of the above quote can be seen as much a challenge as a recommendation. It may be that over the next ten years the people of Wales and the authorities in Wales decide that a separate legal jurisdiction is not warranted. If that is the case then the laws of Wales will continue to diverge as they are now. This book and the series it appears in will still be invaluable as an aid to practitioners and students in Wales. If, however, the people and the authorities in Wales truly wish to take up ‘the challenge’ and a separate legal jurisdiction for Wales is to be a reality within ten years, the Government, the legal profession, and the universities in Wales must act now. The public authorities must show that they are capable of setting up and maintaining an infrastructure, the legal profession must show that it has the capability and breadth of experience to conduct legal proceedings, and the universities must show that they can train suitable lawyers for the future. In those circumstances, I hope the Public Law of Wales series, and from a personal perspective, this text, is received and utilised in the spirit of the challenge.

David C. Gardner

October 2015

Acknowledgements

Had I known, when I started writing this book, how long it would take or how many people would be of such assistance I would have allocated more than 500 words to this section. I apologise in advance to those I have forgotten. I have separated my acknowledgements into three sections: publishing, professional, and personal.

The publishing acknowledgements must start with my eternal gratitude to Professor Thomas Watkin. From his initial review of my proposal right through to publication he has been a constant source of encouragement as well as a sound guide and mentor. His intellect and eye for detail have properly steered me in the right direction, from correction of typos (some hilarious) to discussion of the niche details of the National Assembly’s legislative process. Thomas, thank you. My thanks also to Tom Haworth (ACO lawyer, Birmingham), Ian Freer (UTIAC lawyer, London), the judges of the Administrative Court in Wales (you can find a list of them in chapter two), and Upper Tribunal Judge Edward Mitchell for comments on earlier drafts. Finally, thank you to all at the University of Wales Press for having the foresight to publish this series and for helping me through the publishing process.

My professional thanks must start with the Judges of the Administrative Court in Wales, as well as the two liaison Judges I have worked with, Mr Justice Beatson (now Lord Justice Beatson) and Mr Justice Hickinbottom. I can say without exception that our Judges possess the enviable combination of keen, quick, considered thought and an affable manner. We in the Administrative Court Office (ACO) in Wales consider ourselves very lucky. I would also like to thank the ACO Wales managers I have had the pleasure of working with, Simon Jenkins, Becky Logar, and Beth Weaver. Each has brought his or her own style to the administration of the ACO and contributed much to its strategic direction. A book about Courts in Wales cannot fail but thank the infamous Annette Parsons. As diary manager for Wales she ensures that we have sufficient time in the lists for our cases to be heard expeditiously and efficiently, which maintains the good reputation the ACO in Wales has acquired. I would finally like to thank the ACO Wales caseworkers. There have been too many to mention them all, but thank you to each of you.

As for personal thanks, there could be many. First should be thanks to my mother and late father, Elaine and Chris, whose upbringing shaped three keen young minds in me, my brother Rich, and my sister Claire, to whom thanks are also due. No small part was also played by my grandparents, Harold, Sheila, Roma and Ron. Thanks to you all for all your help and support. As with the caseworkers, there are too many helpful and supportive (more often fun and distracting) friends to thank. You know who you are and my thanks to you. The biggest personal thank you, and the one with which I shall end, is for my wife, Re. Since I started writing this book in 2012 I have lost two close relatives, become a world record holder, had major knee surgery twice, and climbed Mount Fuji. I have been at my figurative lowest and literal highest. Re has been by my side for every moment. Her love and support never wavered and was a constant source of happiness, just as it has been since we started our relationship in our mid-teens. Thank you for everything.

David C. Gardner

October 2015

Note on the Text

The law in this text and annexes and any addresses mentioned in the text and annexes are accurate as far as I am aware, up to 1 October 2015 although some elements have been included to incorporate known future changes.

A number of public sector licensed sources are reproduced/referenced with permission under the Open Government License v.3.0. All judgments handed down after 1 January 2003 and quoted in this text are quoted from the judgments as they appear on www.bailii.org, despite the fact that the footnotes may not refer to the bailii neutral citation in accordance with Practice Direction – Citation of Authorities [2012] 2 All ER 255. Use is made of an extract from a publication by Cardiff University, quoted under fair dealing. Permission has been granted from the following publishers to quote extracts under fair dealing:

Cambridge University Press;

European Union Publishing Office: http://eur-lex.europa.eu, © European Union, 1998–2015;

The Incorporated Council of Law Reporting;

Legal Action Group;

Lexis Nexis (All England Law Reports and Justice of the Peace Reports). Reproduced by permission of Reed Elsevier (UK) Limited, trading as LexisNexis;

Reproduced by permission of Thomson Reuters (Professional) UK Limited: Administrative Law Reports, Administrative Court Digest, Crown Office Digest, Entertainment and Media Law Reports, European Human Rights Reports, European Law Review, Public Law (Nason, S., and Sunkin, M., The Regionalisation of Judicial Review: Constitutional Authority, Access to Justice and Specialisation of Legal Services in Public Law) © 2015 Thomson Reuters (Professional) UK Limited and contributors; and

Wiley Publishing; © 2013 Nason, S., and Sunkin, M., The Modern Law Review © 2013 The Modern Law Review Limited (2013) 76(2) MLR 223–53.

List of UK Statutes

Abergavenny Improvement Act 1854 3-4

28 3-4

The Act for Certain Ordinances in the King’s Dominion and Principality of Wales of 1542/3 1-17

The Act for Law and Justice to be Ministered in Wales in like Form as it is in this Realm of 1535/6 1-17

Acquisition of Land Act 1981 4-31

23(1) 4-31

Administration of Justice Act 1960 1-30, 7-33

1(2) 7-33

2(1) 7-33

Administration of Justice Act 1969 7-29

12 7-29

13 7-29

15 7-29

Administration of Justice Act 1970 1-29

Administration of Justice (Miscellaneous Provisions) Act 1938 1-32

Agricultural Wages Act 1948 4-11

Anti-terrorism, Crime and Security Act 2001 5-53

23 5-53

Architects Act 1997 6-6, 7-31

22 6-6, 7-31

(7) 7-31

Asylum and Immigration Act 1996 5-63

Asylum and Immigration Appeals Act 1993 5-63

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 5-63

Children Act 1989 3-7

23(1) 3-7

Chiropractors Act 1994 6-6

31 6-6

Civil Procedure Act 1997 5-36

Sch.1 para.2 5-36

Companies Act 2006 5-2

16(2) 5-2

Constitutional Reform Act 2005

23(1) 1-31

38(1) 1-31

40(2) 1-31, 4-31

(5) 1-31

42(1) 1-31

Contempt of Court Act 1981 6-17, 6-20

16 6-20, 7-38

Coroners Act 1988 6-3

13 6-3

County Courts Act 1846 1-22

County Courts Act 1984 1-22

A1 1-22

5 1-22

Courts Act 1971 1-28

Crime and Courts Act 2013 1-22

17(1) 1-22

(3) 1-23

Criminal Appeal Act 1968 1-30

Criminal Injuries Compensation Act 1995 5-62

5(1) 5-62

Criminal Justice Act 2003 6-21

258 6-21

Criminal Justice and Courts Act 2015

87(3) 7-17

(4) 7-17

(5) 7-17

(6) 7-17

(9) 7-17

(10) 7-17

87(11) 7-17

88(3) 7-21, 7-23

(4) 7-21

(6) 7-22

(7) 7-22

(8) 7-22

89(1) 7-22

(2) 7-22

Criminal Procedure and Investigations Act 1996 6-3

54(3) 6-3

Crown Proceedings Act 1947 4-5, 5-30, 5-53, 5-59

40 5-59

Dentists Act 1984 6-6

29 6-6

44 6-6

Enterprise and Regulatory Reform Act 2013 4-11

Environment Act 1995 4-35

65(5) 4-35

66(1) 4-35

Equality Act 2010 3-10

149 3-10

Sch.19, part 2 3-10

European Communities Act 1972 1-35, 1-37

1(2) 1-37

3(1) 1-37

Sch.1 Pt II 1-37

Extradition Act 2003 6-6

Forestry Act 1967 4-34

46(1) 4-34

(4C) 4-34

Government of Wales Act 1998 1-39

22 4-21

(1) 1-39

Sch.2 1-39

Government of Wales Act 2006 1-41

1(1) 1-41

22 1-44

27(1) 1-44

(5) 1-44 41(1) 4-18

(2), 4-19

(3) 4-18

(4) 4-19

(5) 4-18, 4-19

45(1) 1-44

(2) 5-3

48(1) 1-44

51(1) 1-44, 4-20

57(1) 4-26

(4) 4-26

58(1) 4-21

(4) 4-21

93(1) 1-41

94 1-41

103(1) 1-42

(8) -1-42

107 1-42

(1) 1-42

(5) 4-7

108 1-42

(1) 1-43, 4-7

(2) 1-43, 4-7

(4) 4-11, 4-12

(4)(a) 4-7

(4)(b) 4-7

(5) 4-7, 4-12

(6) 3-25, 4-12

(6)(a) 4-7

(6)(b) 4-7

(6)(c) 4-7

(7) 4-8, 4-11

109(1) 4-7

(4) 4-7

110 1-42

112 4-19

(1) 4-9, 4-13, 4-14

(2) 4-14

(3) 4-14

114 4-19

(1) 4-17

(2) 4-17

(3) 4-17

(4) 4-17

(5) 4-17

(8) 4-17, 4-19

115 1-42

(2) 4-14

(3) 4-16

154 4-11

(1) 4-8

(2) 4-8, 4-10

(3) 4-8

161(5) 4-21

162(1) 4-21

Sch.2 1-44

Sch.3 1-44, 4-21

Sch.5 1-41, 1-42

Sch.7, Part 1 1-43, 4-7, 4-8, 4-11

Paragraph 9 4-12

Part 2

Paragraph 1 4-2

Paragraph 2 4-2

Paragraph 3 4-7

Paragraph 4 4-7

Paragraph 5 4-7

Part 3

Paragraph 6(1)(b) 4-10

Sch.9 6-22

Paragraph 1 5-30, 6-22

Paragraph 2 6-23

Paragraph 5 6-23

Paragraph 6 6-26

Paragraph 7 6-26

Paragraph 8 6-26

Paragraph 9 6-26

Paragraph 10 6-26

Paragraph 11 6-26, 7-36

Sch.11

Paragraph 30 4-21

Human Rights Act 1998 1-35

2(1) 3-11, 3-30

3(1) 3-11

4 5-52, 5-63

(1) 5-52

(2) 5-52

(3) 5-52

(4) 5-52

(6) 5-52

5(1) 5-53

(2) 5-53

6(1) 3-11, 3-25

(3) 4-2

8(1) 5-55

21(1) 3-4

Immigration Act 1971 5-63

Immigration Act 1988 5-63

Immigration Act 2014 5-63

Immigration and Asylum Act 1999 5-63

Immigration, Asylum and Nationality Act 2006 5-63

Interpretation Act 1978

5 1-37

21(1) 3-4

Sch.1 1-37, 5-62