Procedural Ultra vires
- Deals with the procedure delegated legislation was made.
- If its made in procedure outside the parent/enabling act then the court can declare it ultra vire and void.
- Aylesbury Mushroom case - a letter was sent to the mushroom growers association and it did not comply with the requirement of parent act.
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Substantive Ultra Vires
- Deals with the content of the delegated legislation.
- If outside the the limits of the parent/enabling act courts can declare it ultra vires and void.
- Customs and excise commisioners V Cure and Deeley Ltd - parent act gave power to make law regarding the collection of taxes, they made law regarding the charge of taxes if tax return was late. They enabling act did not allow them to make law concerning amount of tax so was declared void.
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- Courts may declare delegated legislation as ultra vires and therefore void on the grounds of unreasonableness.
- Established in 'wednesbury unreasonableness'
- R V Swindon NHS Trust - NHS refused to provided a non approved drug (herceptin) because her case was not exceptional. COA said the policy was irrational ans unreasonable therfore unlawful.
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Other circumstances where DL can be declared void
- levies taxes
- allows sub-delegation
- all interested parties not been consulted as required byenabling act
- conflict with European legislation.
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