The claimant Union claimed that the defendant should recognise the game of bridge as a sport. The defendant had adopted a definition from Europe which required physical activity, and the Union said that this was a misconstruction of its Royal Charter. The result would substantiallyy affect support for the game.
Held: The request for review was refused.
Dove J said: ‘I am entirely satisfied that it is permissible to have regard to parts of an Act which have been repealed in seeking to understand the will and purpose of Parliament in enacting a part of the Act which remains in force. At the time when an Act is passed it is meant to be read and understood as a whole. Thus reading the Act as a whole, and as passed, will properly assist in an understanding of the will of Parliament in enacting each individual part of it. Defining the intention of Parliament in respect of each individual ingredient of the legislation can and should be legitimately undertaken having regard to the meaning of each ingredient within the context of how the statute was enacted in its entirety. Whilst upon repeal of a part of the statute that part will cease to have substantive legal effect, there is in my view no reason in principle why it should not continue to be regarded as part of the context of the enactment of the statute as a whole and therefore a legitimate aid to construction.’
As to the 1937 Act: ‘bearing on the scope of the phrase ‘physical training and recreation’ it is perfectly clear that that phrase is focused upon physical activity and was intended to encompass physical recreation, rather than any other kind of recreation.’ and ‘physical training and recreation’ within s3(1)(a) is to be interpreted as meaning physical training and physical recreation. ‘ and ‘I am satisfied that the proper interpretation of the 1937 Act and the surrounding factual context of the 1996 Royal Charter are of far greater significance than any help which is to be derived from dictionary definitions of the individual words comprising the phrase in question. Read in context therefore, the word ‘sport’ as it appears in the 1996 Royal Charter phrase ‘sport and physical recreation’ connotes and requires an essential element of physical activity. In this connection the decision of the defendant to adopt the European Sport Charter definition of sport which requires an element of physical activity was entirely consistent with the proper understanding of their Royal Charter. Thus, whilst the word ‘sport’ may have other definitions in other contexts, the correct interpretation of the operative phrase in the 1996 Royal Charter incorporates in this instance an essential element of physical activity.’
Judges:
Dove J
Citations:
[2015] EWHC 2875 (Admin)
Links:
Statutes:
Physical Training and Recreation Act 1937, Charities Act 2011 3(2)(d)
Jurisdiction:
England and Wales
Citing:
Cited – Surtees And Another, Assignees Of The Estate And Effects Of A Bankrupt, v Ellison 6-Jul-1829
Evidence of a trading which ceased before the 6 G. 4, c. 16, took effect, will not support a commission of bankrupt issued after that time. . .
Cited – In The Matter Of The Mexican And South American Company Grisewood And Smith’s Case De Pass’s Case 15-Jul-1859
A trading company was established in 1838, upon the terms contained in the prospectus, which placed its affairs under the management of individual directors, but contained no provision as to the transfers of shares. The certificates of shares . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
Cited – The Project Management Institute, Regina (on The Application of) v The Minister for The Cabinet Office and Others Admn 17-Jul-2014
Mitting J set out the background to Royal Charters: ‘This is, I believe, the first time that the grant or refusal of a Royal Charter has been the subject of litigation. I propose, therefore, to begin by a brief analysis of the history and nature of . .
Cited – Yemshaw v London Borough of Hounslow SC 26-Jan-2011
The appellant sought housing after leaving her home to escape domestic violence. The violence was short of physical violence, and the authority had denied a duty to rehouse her. She said that the term ‘domestic violence’ in the Act was not intended . .
Lists of cited by and citing cases may be incomplete.
Administrative, Constitutional
Updated: 28 May 2022; Ref: scu.553493