Notes

Ultra Vires:
Ultra Vires comes from a latin expression with the definition of "beyond the powers". This phrase is used if an individual uses more power than they have. A case in which this is evident is the R V Home Secretary, ex parte Fire Brigades Union (1995) case. In this case the Criminal Justice Act 1988 gave a statutory scheme to pay compensation in the case of criminal injuries. The government went beyond their delegated powers to make it so that they would save money by awarding less compensation. The House of Lords decided this action was ultra vires. The two types of ultra vires are procedural ultra vires and substantive ultra vires.
Procedural ultra vires are when law-making processes go further than the Enabling Act allows or when they simply do not follow the act. This could ema incorrect procedures were used so the delegated legislation will be considered ultra vire. A case which shows this is the Aylesbury Mushroom (1972) case. In this case, legislating bodies did not have to consult the Aylesbury Mushroom Association group about their legislation which resulted in the mushroom growers being ultra vires.
Substantive ultra vires are where the delegated legislation goes further than their powers that are given by the Enabling Act. A case where this is evident is the Attorney General V Fulham Corporation (1921) case. In this case the legislation provided public wash-houses however the local authority opened a laundrette despite this not being permitted by court.
This area of delegated legislation is ultra vires because the local authority used powers beyond what they had to open a laundrette instead of a wash-room.
Furthermore, an unreasonable decision can be considered ultra vires. The Rogers V Swindon NHS Primary Care Trust (2006) case shows this as a woman with breast implants was refused access to a drug by the NHS trust even though other patients in the area were given the drug. Her case was concluded to be unreasonable which therefore resulted in it being ultra vires.
The three prerogative orders of Prohibition, Mandamus and Certiorari used by the King's bench Division control delegated legislation which is beneficial in the case of ultra vires. The Bancoult V Secretary of State for Foreign and Commonwealth Affairs case is a good example of this. In this case, the minister was challenged due to disapproval of the local people from returning to Chagos Islands.

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Ultra Vires, derived from the Latin expression meaning "beyond the powers," refers to exceeding one's authority. An example of this is evident in the R v Home Secretary, ex parte Fire Brigades Union (1995) case, where the government surpassed delegated powers to cut compensation under the Criminal Justice Act 1988, leading the House of Lords to deem it ultra vires.

There are two types of ultra vires: procedural and substantive. Procedural ultra vires occurs when law-making processes extend beyond what the Enabling Act allows, as seen in the Aylesbury Mushroom (1972) case where improper procedures led to the legislation being considered ultra vires.

Substantive ultra vires happens when delegated legislation exceeds powers granted by the Enabling Act. The Attorney General v Fulham Corporation (1921) case illustrates this when a local authority opened a laundrette against court restrictions, making it ultra vires.

Additionally, an unreasonable decision can be deemed ultra vires, as shown in Rogers v Swindon NHS Primary Care Trust (2006), where a woman was denied a drug despite other patients receiving it. The court found her case unreasonable, making it ultra vires.

The prerogative orders of Prohibition, Mandamus, and Certiorari, employed by the King's Bench Division, serve to control delegated legislation, as seen in Bancoult v Secretary of State for Foreign and Commonwealth Affairs, where the minister was challenged over the Chagos Islands' local people's disapproval.