- Created by: channyx
- Created on: 20-03-20 19:35
Per Lord Somervell of Harrow (Viscount Kilmuir L.C. and Lord Keith of Avonholm concurring): "In deciding whether a 'person' has power to delegate, one has to consider the nature of the duty and the character of the person. Judicial authority normally cannot, of course, be delegated. . . . There are . . . many administrative duties which cannot be delegated.
Appointment to an office or position is plainly an administrative act. If under a statute a duty to appoint is placed on the holder of an office, whether under the Crown or not, he would normally, have no authority to delegate. . . . I am . . . clear that the disciplinary powers, whether 'judicial' or not, cannot be delegated." The Dock Workers (Regulation of Employment) Order 1947 Art.16(2), provides: "Where a registered dock worker available for work fails to comply with any of the provisions of the scheme [for the employment of registered dock workers] . . . the local…