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United Kingdom

Welsh Language Act 1993: Crown bodies may revoke adopted schemes, but must consult where legitimate expectation arises—NS&I revocation quashed for failure to consult (Administrative Court, England and Wales)

Published on: 28 November 2024

Published by a LexisNexis Public Law expert
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Article summary

R (on the application of the Welsh Language Commissioner) v National Savings and Investments [2014] EWHC 488 (Admin)

What are the practical implications of this case?

This was the first judicial review concerning the Welsh language and the first conducted in Welsh. Although the governing law has since been replaced, it has consequences for all Crown bodies that have adopted Welsh language schemes. As a Crown body, National Savings and Investments is subject to a less onerous statutory framework than a public authority. It was not obliged to adopt a Welsh language scheme, yet did so. The scheme’s terms were found to create a legitimate expectation that NS&I would undertake a consultation before deciding to revoke it. The case underscores that where a procedural benefit—such as consultation—is legitimately expected, that expectation must be taken into account when exercising implied statutory powers. Failure to do so leaves the decision susceptible to judicial review.

What was the background?

The Welsh Language Commissioner assumed responsibility for the approval and regulation of Welsh language schemes under the WLA...

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