law making cases, paper 1 sec a

Question 1

r v Home Secretary, ex parte fire brigades union

Answer 1

area: delegated legislation - controls
point: example an definition of substantive ultra vires
facts: changes made to the criminal injuries compensations scheme (legislation that was wrong) had gone beyond the power given under cja 1988 (parent act) so were void and null

Question 2

AG Fulham corporation 1921

Answer 2

• area: delegated legislation - controls
• point: example an definition of substantive ultra vires
• facts: the council was empowered to make wash houses for laundry. it decided to run pay for laundry service. This is deemed beyond its powers and substantive ultra vires (void)

Question 3

R V tagg

Answer 3

area: delegated legislation - control by-laws
point: the order is not substantive ultra vires
facts: arguing that an order stating it was a crime to be intoxicated on an airplane was invalid, court decided no intoxication, was one kind of conduct affecting the safety in aircraft, civil aviation act 1982

Question 4

r (Ann Summers) v job centre plus

Answer 4

area: delegated legislation
point: substantive ultra vires
facts: banned from advertising their jobs on job centre due to the sex relates nature of business. department of work and pensions who had created the legislation banning them - deemed to have acted SUV

Question 5

aylesbury mushroom

Answer 5

area: delegated legislation
point: procedural ultra vires
facts: minister of labour was asked to write legislations about mushroom growing, must consult with top mushroom growers, such regulations were invalid

Question 6

r v secretary of state for education and employment ex part NUT

Answer 6

area: delegated legislation
point: procedural ultra vires
facts: ruled that the SI setting conditions for access to higher rates of pay was beyond the powers given in education secretary by education act 1996. procedure used was unfair as only 4 days had been allowed for consultation time