Order outwith Home Secretary’s powers
The claimant sought judicial review of an order requiring OFWAT to limit certain licenses to exclude technology which the SSHD said would pose a threat to National Security. It said that no power to do this existed.
Held: Review allowed. The Direction was ultra vires the Secretary of State’s powers under s.5(2) Communications Act 2003 and is therefore unlawful.
Morris J
[2019] EWHC 994 (Admin)
Bailii
Communications Act 2003 5(2)
England and Wales
Cited by:
At Admn – VIP Communications Ltd (In Liquidation), Regina (on The Application of) v The Secretary of State for The Home Department CA 20-Nov-2020
Exemption Direction was Ultra Vires
The Direction sought to prevent Ofcom from introducing regulations which would have the effect of making it lawful to operate a species of GSM gateway known as a commercial multi-user gateway without a licence. GSM gateways are telecommunications . .
Lists of cited by and citing cases may be incomplete.
Media, Administrative, Utilities
Updated: 31 October 2021; Ref: scu.636104
