Section 2A: Delegated Legislation - Cases Flashcards
Aylesbury Mushroom (Procedural Ultra Vires)
His order was declared invalid because he didn’t follow procedures set out in the Enabling Act, he did not consult the mushroom growers association.
R (Ann Summers Ltd) v Jobcentre Plus (Substantial Ultra Vires)
The department of work and pension who has created the regulations banning them were deemed to have acted Substantive Ultra Vires.
R v Secretary of State for Health ex parte Pfizer (Substantial Ultra Vires)
The minister for health was found to have acted ultra vires when advice was sent put to doctor telling them not to prescribe Viagra.
Durand Academy v OFSTED (Substantial Ultra Vires)
High Court concluded that it was not a rational or fair process and because of this, there was no real process preventing them from pursuing a substantive challenge.
Strictland v Hayes Borough Council (Unreasonable)
A by-law prohibiting singing of any obscene song and the use of obscene language in general was held to be unreasonable and so ultra vires. The by-law was too widely drawn as it covered acts done in private and public.
