When looking at whether a person was a gypsy so as to qualify for additional consideration, the test was to be applied at the time when the decision was made and not when the application was made. It was acknowledged that an applicant could change status from time to time, and that this might lead to some logical inconsistency, but the statute was clear and no supporting guidance suggested otherwise.
England and Wales
Appeal from – Hearne v Secretary of State for Wales and Carmarthenshire County Council Admn 25-May-1999
Cited – Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry CA 19-Jun-2003
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act.
Held: The Act defined ‘Gypsies’ as . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 May 2022; Ref: scu.81295