Delegated Legislation Key Cases

Question	Answer
R v Fadol 2007	D was fined for putting his feet on the seats on a metro train. A bylaw had been put in place to prevent damage to the seats and D was in breach of this bylaw.
R v Home Secretary, ex parte Fire Brigades Union 1995	An example of where delegated legislation was declared ultra vires, that is it had gone beyond its powers
Aylesbury Mushroom 1972	Procedural ultra vires. Delegated legislation that was declared ultra vires because it has not followed the correct procedure. The Minister of Labour has to consult any organisation appearing to him to be representative of substantial numbers of employers engaging in the activity concerned. He failed to consul the Mushroom Growers' Association which represented about 85% of all mushroom growers.
R v Secretary of State for Education and Employment, ex parte National Union of Teachers 2000	A statutory instrument setting conditions for appraisal and access to higher rates of pay for teachers was beyond the powers given to the Education Secretary by the Education Act 1996. The procedure used was also unfair as only four days have been allowed for consultation.
Associated Picture Houses v Wednesbury Corporation	Where delegated legislation is so unreasonable that no public body would really do it, it can be declared ultra vires.
Strickland v Hayes Borough Council 1896	Where the body making the delegated legislation has gone beyond its powers or done something it never had the power to do it can be declared ultra vires.

Resource summary

	Created by Miss Bolt about 7 years ago