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Paragraph 43 TO WHAT EXTENT DO INDIVIDUAL CIRCUMSTANCES ACCOUNT FOR AN APPARENT FAILURE OF A DUTY?

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

To what extent is the apparent failure of a duty a consequence of—

(a)

the authority having paid regard to its other obligations, policies and objectives (see section 16(1) of the Act);

(b)

the action or inaction of another authority (see section 16(1)(b) of the Act); or

(c)

actions, or a lack of them, that could be considered reasonable when compared with a sample of—

(i)

neighbouring authorities,

(ii)

authorities of a similar type,

(iii)

authorities with similar circumstances, or

(iv)

all authorities?