The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006.
Held: However reluctantly, the claimant’s appeal was dismissed. Parliament must be assumed to have intended that the Crown be not bound by the 2006 Act. It would have required express provision. This is a question of statutory interpretation, and not of allowing an exemption.
The classic rule is that a statutory provision is not binding on the Crown without express words or ‘necessary implication’ Many statutes have been drafted and
passed on this basis. An amendment to this by the Court would have retrospective effect with substantial and unforeseeable consequences, though it might profitably be examined by the Law Commission. Other health and safety statutes made such express provision, and indeed other parts of the 2006 Act made such provision.
Judges:
Lady Hale, President, Lord Mance, Deputy President, Lord Kerr, Lord Hughes, Lord Lloyd-Jones
Citations:
[2017] UKSC 81, (2018) 160 BMLR 1, [2018] 2 WLR 123, [2018] 2 All ER 212, [2018] AC 215, UKSC 2016/0070
Links:
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 31 Oct 2017 am Video, SC 31 Oct 2017 pm Video, SC 1 Nov 2017 am Video
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – The Province of Bombay v The Municipal Corporation of The City of Bombay and Another PC 10-Oct-1946
(Bombay) The Board considered whether the Crown was bound by section 222(1) and section 265 of the City of Bombay Municipal Act 1888, which in effect gave the Municipality power to carry water mains for the purposes of water supply through, across . .
Cited – Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool Admn 21-May-2014
The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the . .
Cited – The British Broadcasting Corporation v Johns (HM Inspector of Taxes) CA 5-Mar-1964
The BBC claimed to be exempt from income tax. It claimed crown immunity as an emanation of the crown. The court had to decide whether the BBC was subject to judicial review.
Held: It is not a statutory creature; it does not exercise statutory . .
At Admn – Black, Regina (on The Application of) v Secretary of State for Justice Admn 5-Mar-2015
The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells . .
Appeal from – Secretary of State for Justice v Black CA 8-Mar-2016
The Secretary of State appealed against a declaration that the provisions prohibiting smoking in pubic places applied in prisons.
Held: The appeal succeeded. . .
Cited – Gorton Local Board v Prison Comrs (Note) 1887
The Prison Commissioners were not bound by local by-laws made under the Public Health Act 1875, requiring the local authority to certify that newly built houses were fit for human habitation. . .
Cited – Cooper v Hawkins 1904
Vehicles driven by Crown servants on Crown business were not subject to the speed limits laid down by the local authority under the Locomotives Act 1865. . .
Cited – Lord Advocate v Dumbarton District Council HL 1989
The House was asked whether the Ministry of Defence was entitled to cone off a section of the A814 road without the permission of the roads authority under the Roads (Scotland) Act 1984 or the local planning authority under the Town and Country . .
Cited – Attorney General v Hancock 1940
The Crown could enforce a debt for unpaid income tax without the leave of the court, not being bound by the provisions of the Courts (Emergency Powers) Act 1939, which prohibited enforcement without leave. . .
Cited – Madras Electric Supply Corp Ltd v Boarland House of Lords HL 11-Mar-1955
Income Tax, Schedule D – Balancing charge – Succession by Crown – Whether cessation provisions apply – Income Tax Act, 1918 (8 and 9 Geo. V, c. 40), Schedule D, Cases I and II, Rule 11 ; Finance Act, 1926 (16 and 17 Geo. V, c. 22), Section 32.
Cited – Ministry of Agriculture, Fisheries and Food v Jenkins CA 1963
The Crown was not bound by the Town and Country Planning Act 1947 to get planning permission for the afforestation of its land, though its tenants are so bound.
Lord Denning MR said: ‘Looking at the whole of the Town and Country Planning Act, . .
Cited – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
Cited – N, Regina (on The Application of) v Secretary of State for Health CA 24-Jul-2009
A challenge was made to the ban on smoking at a secure hospital. . .
Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights
Updated: 27 November 2022; Ref: scu.601507
