When to disapply subordinate legislation: Melanie Carter & Alistair Williams write for Law Society Gazette

In a blog for the Law Society Gazette, Melanie Carter and Alistair Williams examine the case of RR v Secretary of State for Work and Pensions, and the court’s judgment that ‘it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a human right’.

Public & Regulatory

In summary, this case addressed the application of the so-called ‘bedroom tax’ and, in particular, the application of regulation B13 by a local authority. The outcome of this case, heard before the Supreme Court, resulted in a ruling which will give pause for thought to public authorities across the UK.

Melanie and Alistair scrutinise the key aspects of this matter, in the process setting out the specific legal implications of the Supreme Court’s ruling, and note that this case underlines how public authorities must understand the importance of recognising convention rights when deciding on cases involving regulation B13.

If you’d like to read more of the authors’ insights regarding this case, click here.

This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.

All content on this page is correct as of January 22, 2020.