ABSTRACT
Statute may provide that a minister has powers to act in order to oblige a decision making body to comply with their statutory duty. For example, section 9 of the Caravan Sites Act 1968 provided that the Secretary of State had the power to give directions to local authorities to comply with their statutory duty to provide adequate sites for Gypsies residing in, or resorting to their area.56 Other examples of similar powers are found in the Public Health Act 1936, the Education Act 1944, the National Health Service Act 1977, the Housing Act 1985, the Local Government Act 1985 and the Town and Country Planning Act 1990. In respect of the Housing Act provisions, in R v Secretary of State for the Environment ex parte Norwich City Council (1982), the Secretary of State had the power to act as he ‘thinks necessary’ to ensure that tenants are able to exercise their ‘right to buy’ from local authorities. His failure to enforce the local authorities’ duty was itself subject to the control of the courts through judicial review. Default powers are a backstop, but an important weapon in ensuring that local authorities and other bodies comply with the requirements of statute.
