Types of Ultra-Vires

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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.


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