The appellants challenged convictions under regulations imposing toll charges. They challenged the validity of the charges.
Held: The first challenge was that the people collecting the charges had not been properly appointed, being private contractors. The regulations had been complied with. Second the orders themselves were said not to have been published as required, having been incorrectly classified as local instruments. They were properly classified as local and did not have to be printed by the Queen’s printer and made available for sale.
Judges:
Lord Sutherland and Lord Marnoch and Lord Cowie
Citations:
[1999] ScotHC 251
Links:
Statutes:
New Roads and Street Works Act 1991 38, Assignation Statement (Prescribed Information)(Scotland) Regulations 1991 (S.I. 1991/2152), Assignation Statement (Prescribed Information)(Scotland) Regulations 1991, Statutory Instruments Act 1946, Statutory Instruments Regulations 1947 (S.I. 1948/1)
Jurisdiction:
Scotland
Constitutional
Updated: 05 October 2022; Ref: scu.170753
