VIRES

Question 1

name the three main types of vires

Answer 1

substantive ultra vires
procedural ultra vires
unreasonable ultra vires

Question 2

what happens to the law when the court finds it exceded its powers

Answer 2

the law can be declared void

Question 3

substantive ultra vires

what is substantive ultra vires

Answer 3

gone beyond the powers of the enabling act

Question 4

substantive ultra vires

example of substantive ultra vires

Answer 4

R v. Sec of state for eductation and employment, ex parte National Union of teachers 2000

Question 5

substantive ultra vires

explain the example

Answer 5

-an SI regarding teachers pay and appraisal arrangements
-held to go beyond the powers given by the Education Act 1996

Question 6

procedurual ultra vires

what is procedurual ultra vires

Answer 6

the proccess that was required was not followed to make it

Question 7

procedurual ultra vires

example case

Answer 7

Aylesbury mushroom case 1972

Question 8

procedurual ultra vires

explain the case example

Answer 8

-introduced an SI to establish a trainign board for the mushrooms growers ass.
-not all members had been consulted about this (failed to consult 80%)

Question 9

unreasonable ultra vires

what is unreasonable ultra vires

Answer 9

if the law is deemed unreasonable

Question 10

unreasonable ultra vires

case example

Answer 10

Strictland v. Hayes Borough Council

Question 11

unreasonable ultra vires

explain case example

Answer 11

-bylaw
-banned any singing of obscene songs and the use of obscene language
-in public and private