10.

Cmmd 6400 and proceed on the basis that

the grant of a licence to CPA would be

no less consistent with the purposes of

fostering the development of the United

Kingdom's trade and tourism and strengthen-

ing the balance of payments of the United

Kingdom than the grant of such a licence

to BCAL or Laker.

20.

We have inserted (b)(ii) to cover the

possibility that the previous Guidance (Commd 4899) may

have some residual effect which favours BCAL.

21.

In our view, the directions we propose could

lawfully be made by the Secretary of State and could

not be effectively challenged on the principles of

Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223 and Secretary of State for

Education & Science v. Tameside Metropolitan Borough

Council [1977] A.C. 1014.

Rhijst.

Bank Pitter. Там

Pothen.

Fountain Court, Temple, EC4.

2nd August 1979.

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