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Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015

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This is the original version (as it was originally enacted).

17Duty to follow statutory guidance

This section has no associated Explanatory Notes

(1)A relevant authority must follow the course set out in guidance issued to it in accordance with this Act when exercising a power or duty (including a power or duty that is contingent upon the opinion of the authority concerned); but this is subject to the following provisions of this section.

(2)A relevant authority is not subject to the duty under subsection (1) so far as—

(a)the authority concerned thinks there is good reason for it not to follow the guidance in particular categories of case or at all,

(b)it decides on an alternative policy for the exercise of its functions in respect of the subject matter of the guidance, and

(c)a policy statement issued by the authority in accordance with section 18 is in effect.

(3)Where subsection (2) applies in the case of an authority to which this section applies, the authority—

(a)must follow the course set out in the policy statement, and

(b)is subject to the duty under subsection (1) only so far as the subject matter of the guidance is not displaced by the policy statement.

(4)The duties in subsections (1) and (3) do not apply to a relevant authority so far as it would be unreasonable for the authority to follow the statutory guidance or policy statement in a particular case or category of case.

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