ULTRA VIRES Cases

Question 1

R(Ann Summers) v Job Centre Plus 2003

Answer 1

Ann summers were banned from advertising their jobs in a job centre due to sex related nature of their business. The department of work and pensions who had created the regulations, banning them were deemed to have acted
Substantive Ultra Vires

Question 2

Aylesbury Mushroom Case 1972

Answer 2

The minister of labour had to consult before writing regulations about mushroom growing

He failed to consult the mushroom growers association (one of the main bodies)

The regulations were invalid

Procedural Ultra Vires

Question 3

Strickland v Hayes 1896

Answer 3

A bylaw prohibiting the singing or reciting of any obscene song or ballad and the use of obscene language.

Drafted too widely and was not limited to public places

Substantive Ultra Vires

Question 4

R v Secretary of State for health and education, ex parte NUT

Answer 4

A statutory instrument setting conditions for the appraised pay of teachers was beyond the powers given to the minister under the education act (1996)
Substantive Ultra Vires

Only 4 days consultation occurred
Procedural Ultra Vires