A statutory instrument required a rating authority to collect a charge referable to sewerage services ‘from every person who is liable to pay the general rate in respect of a hereditament’. A householder whose property was not connected to a sewer brought an action for a declaration that the charging provision did not apply to him.
Held: (majority of three to two) The provision was ultra vires as worded because, although it did not refer to them in terms, it purported to charge even those people whose houses were not connected to the sewers. However the courts could save the legislation as a whole by notionally amending it to exclude the unconnected householders.
‘the meaning of the provision is to be gathered from the statute as a whole’.
Citations:
[1976] AC 609, [1976] 1 All ER 39, [1975] 3 WLR 865
Statutes:
Water Act 1973 30, The Water Authorities (Collection of Charges) Order 1974
Jurisdiction:
England and Wales
Cited by:
Cited – Oakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Rating
Updated: 03 November 2022; Ref: scu.222838