Overview

Background

On 24 March 2010, following affirmative resolutions in both Houses of Parliament, Orders were made by the Secretary of State for Communities and Local Government to create unitary authorities for Exeter and Norwich.

Devon and Norfolk County Councils challenged the Secretary of State's decisions to lay the Orders before Parliament, contending that the statutory consultations undertaken prior to the decisions being made were unfair and did not comply with the requirements of the Local Government and Public Involvement in Health Act 2007 (the Act).

The court agreed, and quashed not only the Secretary of State's initial decision but also the Orders themselves, even though they had been passed by a positive vote of the members of both Houses of Parliament.

Had the court not quashed the decisions, the new Coalition Government intended to use primary legislation to stop local government restructuring in Exeter and Norwich.