McKiernon v Secretary of State for Social Security: CA 26 Oct 1989

A statute granting a power to be amended by a subordinate instrument can only do so by an express power: ‘Whether subject to the negative or affirmative resolution procedure, [subordinate legislation] is subject to much briefer, if any, examination by Parliament and cannot be amended. The duty of the courts being to give effect to the will of Parliament, it is, in my judgment, legitimate to take into account of the fact that a delegation to the Executive of power to modify primary legislation must be an exceptional course and that, if there is any doubt about the scope of the power conferred upon the Executive or upon whether it has been exercised, it should be resolved by a restrictive approach.’
Lord Donaldson MR
Guardian 31-Oct-1989, Court of Appeal (Civil Division) Transcript No 1017 of 1989
England and Wales
Cited by:
ApprovedRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Times 13-Dec-00, [2000] UKHL 61, [2001] 2 AC 349, [2001] 1 All ER 195, [2001] 2 WLR 15, (2001) 33 HLR 31, [2000] NPC 139, [2000] EGCS 152, [2000] EG 152, [2001] 1 EGLR 129
CitedOakley 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 . .
[2005] EWHC 210 (Ch), Times 10-Mar-05
ApprovedRegina v Secretary of State for Social Security, Ex parte Britnell (Alan) HL 1991
The applicant claimed and was paid benefits. There was later determined to have been an overpayment. A sum was recovered by deductions, but then he was granted only supplementary allowance. No deductions could be made from that, but the respondent . .
[1991] 1 WLR 198, [1991] 2 All ER 726
CitedOakley Inc v Animal Ltd and others CA 20-Oct-2005
It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The . .
[2005] EWCA Civ 1191, Times 07-Nov-05, [2006] Ch 337
CitedThe Public Law Project, Regina (on The Application of) v Lord Chancellor SC 13-Jul-2016
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the . .
[2016] UKSC 39, [2016] AC 153, [2016] HRLR 17, [2016] WLR(D) 384, [2016] 3 WLR 387, UKSC 2015/0255

These lists may be incomplete.
Updated: 18 December 2020; Ref: scu.222834