Court Controls on Del Leg

• Ultra Vires means = the person making the piece of del leg has gone beyond their power.
• Substantive Ultra Vires = a body has exceeded their powers when making a piece of del leg. (making laws in areas they aren't allowed to)
• R v Home Secretary -

  The HoL ruled that the home secretary had gone beyond the powers granted to him in the Enabling Act, so the del leg was void.
• Substantive Ultra Vires for Unreasonableness = a body has gone beyond the powers given to them by making an unfair or unreasonable law.
• Strictland v Hayes Borough Council -

  This was held to be unreasonable because it covered acts carried out both on public and private land.
• Procedural Ultra Vires = where the correct procedure has not been followed or where the body or individual making the decision has used the authorised powers in an unauthorised way.
• Aylesbury Mushroom Case -

  The order was still valid for other organisations that had been consulted e.g. National Farmers Union.