Types of Ultra-Vires
- Created by: Dominic Hayward
- Created on: 29-10-13 15:22
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- Types of Ultra-Vires
- Procedural Ultra-Vires
- This is where the procedures in the parent Act has not been carried out.
- Agricultural Training Board v Aylesbury Mushroom Ltd- Minister of labour established a training programme to help people pick mushrooms but he didn't consult the mushroom growers association.
- This was declared ultra-vires as it didn't follow the parent Act. All interested parties should have been consulted but where not, making the law void.
- Substantive Ultra-Vires
- This is where the delegated legislation goes beyond the framework.
- Eg Strickland v Hayes1896-This is where a man sung songs with swear words in public. He challenged his arrest due to the law affecting everyone, everywhere "and land adjacent to"
- This was declared ultra-vires as it had gone beyond the framework of the law as it affected people everywhere.
- Procedural Ultra-Vires
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