Guidance and directions in relation to the purpose of this Act
17Duty to follow statutory guidance
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.