The committee sought a review of the 2001 Order made under the 1966 Act to revise the contributions to be made by participating members of the committee to the costs of its administration. They contended that the only power over its costs was to order for the employment of fishery officers. By fixing the amounts payable it removed from the Committee its discretion as to how much to collect.
Held: There was no power to impose an obligation on the member councils to pay a contribution, and that was one basis of the order, which had therefore been made under a mistake of law. The court’s discretion should be exercised to overrule the order.
The Honourable Mr Justice Richards
[2001] EWHC Admin 1162
Bailii
South Wales Sea Fisheries (Variation) Order 2001, Sea Fisheries Regulation Act 1966, Local Government Reorganisation (Wales) (Committees for Sea Fisheries Districts) (Amendment) Order 1996, South Wales Sea Fisheries (Levies) Regulations 2001
Wales
Citing:
Cited – Regina v Mayor of Plymouth 1896
Legislation was the only power that constituent councils had of controlling the expenditure of a fisheries committee, but any restrictions and conditions as to expenditure in connection with the appointment of a fishery officers had to be imposed . .
Cited – Regina v North Riding of Yorkshire County Council 1989
The constituent councils, not having exercised the power to impose restrictions and conditions in advance, could not decline responsibility for items of expenditure necessarily incurred by the committee. Restrictions or conditions had to be imposed . .
Lists of cited by and citing cases may be incomplete.
Administrative, Agriculture, Local Government, Wales
Updated: 10 November 2021; Ref: scu.168017
