The meaning of ‘Gypsy’ under the Act requires some element of travelling, and should include that this was associated with the means of earning a living. In applying the statutory definition of gypsies the actual words used are to be used, taking account of the purpose of the Act and the duty imposed The are relevant (1) The links within the group and with other groups who might visit. Living and travelling together in cohesive groups is a feature of nomadic peoples. (2) The pattern of the journeys. Though a group may have a permanent residence (Greenwich v. Powell . . ), a nomadic habit involves travelling. Since the duty relates to the provision of accommodation ‘for gypsies residing in or resorting to’ the area it is relevant to inquire whether the group visits regularly. (3) The purpose of the travel. The word ‘nomadic’ no longer has any connection with the concept of ‘seeking pasture,’ but in the Act the word ‘nomadic’ adds to the words ‘habit of life’ a sense of purpose for the travelling. ‘habit of life’ also involves purposive activities including work and that travel forms part of that habit of life.
Judges:
Neill and Leggatt LJJ
Citations:
Independent 15-Jun-1994, Times 08-Jun-1994, Gazette 07-Sep-1994, [1995] QB 158
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v South Hams District Council, ex parte Gibb, Regina v Gloucestershire County Council, ex parte Davis Etc QBD 15-Nov-1993
The term ‘Gypsy’ is to be interpreted to include persons who have a nomadic life but more than just habit. . .
Cited – Greenwich London Borough Council v Powell HL 1989
A person could be a gypsy for the purpose of section 16 of the 1968 Act if he led a nomadic way of life only seasonally. . .
Cited by:
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.
Housing, Discrimination
Updated: 05 May 2022; Ref: scu.88081
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