Consultation

There is no common law duty for Ministers or Departments to consult with any outsiders before making regulations, but such a duty is often imposed by the enabling statute and consultation is common practice even where it is not obligatory. Indeed, one of the advantages of delegated legislation is the opportunity it gives for experts outside the Government to influence its content. The Act may therefore require the Minister or other legislator to consult with specified people or organisations before using his powers: even if he does not need the consultees' approval, it gives them the opportunity to point out any obvious flaws in the Minister's proposals and perhaps to rally support elsewhere.

Agricultural Training Board v Aylesbury Mushrooms [1972] 1 All ER 280, Donaldson J

Legislation required the Minister to consult relevant bodies before making Orders of a certain type, and through a clerical error there was no consultation with the Mushroom Growers' Association (who were conceded to be a "relevant body" for this purpose). The court ruled that the consultation requirement was mandatory, and that its breach made the Order invalid as far as mushroom growers were concerned.