Regulations specifying the tolls for the Humber Bridge did not mention a charge for large buses.
Held: The same rules had to be applied in construing statutory instruments as applied in construing statutes. The explanatory note issued with the Regulation made it clear beyond peradventure that the ommission was a clerical error, and the Regulation should be read accordingly. The court allowed reference to an Explanatory Note appended to a statute as in appropriate cases. Reference was made to earlier authorities in which, in relation to primary legislation, resort to such Explanatory Notes was permissible, at least where there was said to be ambiguity or obscurity or a construction which would otherwise lead to absurdity. ‘the same or very similar principles must apply to statutory instruments’. The purpose would be to identify the mischief which the statute or regulation was intended to prevent.
Judges:
Lord Justice Auld, Lord Justice Clarke, Lord Justice Jonathon Parker
Citations:
[2003] EWCA Civ 1842, [2004] QB 310, Times 16-Jul-2003
Links:
Statutes:
Humber Bridge (Revision of Tolls and Vehicle Classification) Order 1997 (1997 No 1950), Humber Bridge (Revision of Tolls and Vehicle Classification) Order 2000 (2000 No 264), Humber Bridge (Revision of Tolls and Vehicle Classification) Order 2002 (2002 No 786)
Jurisdiction:
England and Wales
Citing:
Appeal from – Confederation of Passenger Transport UK v Humber Bridge Board Admn 1-Nov-2002
Challenge to toll fee for buses over the Humber Bridge. . .
Cited by:
Cited – Saggar v Ministry of Defence EAT 25-May-2004
Three Defence employees sought to bring claims of variously race and sex discrimination against the Ministry. In each case their services were provided almost entirely abroad, and the defendant argued that there was no jurisdiction to hear the case, . .
Cited – Bogdanic v The Secretary of State for The Home Department QBD 29-Aug-2014
The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the . .
Lists of cited by and citing cases may be incomplete.
Transport, Litigation Practice, Judicial Review, Constitutional
Updated: 07 June 2022; Ref: scu.184037