26Exception to consultation requirement—routine matters

26  Exception to consultation requirement—routine matters 

 (1) A requesting entity need not comply with section 23 where it considers that the advice sought is likely to involve no more than the application of a settled interpretation of the law to particular facts (a routine matter).

 (2) However, where the entity subsequently discovers that a matter is not routine, it must comply with section 23 (to the extent it is applicable in the circumstances) from that time on.

 (3) To avoid doubt, a matter is not routine where:

 (a) the advice:

 (i) relates to a legislative provision that has not yet been considered by a court, unless the requesting entity considers that the interpretation of the provision is nevertheless well‑understood; or

 (ii) is inconsistent with existing policy; or

 (iii) could raise new policy issues in respect of the legislation; or

 (b) the matter could create a precedent; or

 (c) the requesting entity has identified a potential weakness in the legislation.