judicial control

• delegated legislation may be challenged by the courts through judicial review - taking the case to the king's bench divisions of the high court

  to decide whether the new legislation is in order or not

  
  

  may be declared that the delegated body acted - ULTRA VIRES - beyond the powers given by parliament in the enabling act

  
  

  the legislations will be declared void and not effective
• a decision can be ruled to be:

  1. substantive ultra vires
  2. procedural ultra vires
  3. ultra vires on the basis of being unreasonable
• 1.substansive ultra vires

  
  

  when a decision has gone beyond the powers delegated in the parent act - R v home secretary - ex parte fire brigades union

  
  

  changes made by the home secretary to the criminal injuries compensation scheme - held to have gone beyond the power given to him in the criminal justice act 1988
• 2.procedural ultra vires

  
  

  courts held that the delegated legislation is ultra vires not because the decision is the wrong law - rather because it is the correct procedure has not been followed

  Aylesbury mushroom case - minister of labour - setting up a new training board was supposed to consult

  
  

  ' any organisation appearing to him representative of substantial members of employers engaging in the activity concerned'

  
  

  failed to consult the mushroom growers association - represented 85% of mushroom growers and hence the order was invalid
• 2.procedural ultra vires

  
  

  Wednesday unreasonableness - a piece of delegated legislation can be declared ultra vires if it is unreasonable

  
  

  associated picture houses v Wednesday corporation - ' a decision is ruled as being so irrational or unreasonable, that no reasonable body or authority would ever consider imposing it - if this is met, the decision will be ultra vires
• R ( rogers ) v Swindon NHS trust 2006

  
  

  woman with breast cancer was prescribed the non-approved drug Herceptin

  NHS trust - refused to provide the drug - her case was not exceptional

  was provided to others in the area

  
  

  it was seen that was decision was unreasonable - ultra vires