delegated legislation advantages and disadvantages

71 results for delegated legislation advantages and disadvantages

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  • Bank Mellat (Appellant) v Her Majesty's Treasury (Respondent)

    ... is open to any party affected by such legislation to contend that, in one respect or another, its ... advocate to the court, Mr Tam QC, that advantages in recognising at least the power of the Supreme ...It was approved by the Delegated Legislation Committee of the House of Commons on ... had to the least onerous, and the disadvantages caused must not be disproportionate to the aims ...

  • UK Power Networks (Operations) Ltd, R (on the application of) The Gas and Electricity Markets Authority & Ors, Court of Appeal - Administrative Court, May 23, 2017, [2017] EWHC 1175 (Admin)

    1. Willmott Dixon Construction Ltd, the Interested Party, applied to UK Power Networks (Operations) Ltd, UKPN, the Claimant, for electricity connection works at the Tesco site in Woolwich. UKPN acts on behalf of London Power Networks plc, LPN, another company in the UK Power Networks group of companies. LPN is a licensed electricity distribution

    ... in earlier electricity supply legislation. There have been changes to the 1989 Act over ... with a somewhat different emphasis: ``delegated legislation..may be taken into account as ... relates to financing costs, cash flow advantages or disadvantages, inflation risk, and price ...

  • Stefanou, R (on the application of) v Westminster City Council & Anor, Court of Appeal - Administrative Court, April 25, 2017, [2017] EWHC 908 (Admin)

    1. 21 Charles Street, London W1 lies in the heart of Mayfair. It is a Listed Building. Mr Stefanou owns the adjacent house at No 22, which is also a Listed Building. The IP wants to carry out alterations to No 21, which include the construction of a substantial basement underground, on three levels. That will cause a great deal of upheaval, and as

    ... was granted on 8th September 2014 under delegated powers. Thus, the work done to the facade, which ... between planning and other relevant legislation and processes, ensuring these work together and ... should be given, nor how the competing advantages or disadvantages should be weighed the one ...

  • ARB v IVF Hammersmith Ltd, Court of Appeal - Queen's Bench Division, October 06, 2017, [2017] EWHC 2438 (QB)

    1. Court Orders have been made, for obvious good reasons which will soon become apparent, anonymising the identities of a number of individuals, including (but not limited to) the Claimant (``ARB''), the Third Party (``R'') and their children. 2. ARB is the father, and R is the mother, of E who was born in the summer of 2011. E is by all accounts a...

    ... 1990 Act''), as amended by secondary legislation and the 2008 Act, provides:. ``The following ... for this being effectively delegated by the clinic to the female partner, was unique ... a blessing and not as a detriment, the advantages and disadvantages of parenthood were inextricably ...

  • MA & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors, Court of Appeal - Queen's Bench Division, July 30, 2013, [2013] EWHC 2213 (QB)

    Mr Martin Westgate QC, Ms Kate Markus, Ms Caoilfhionn Gallagher and Mr Ben Chataway (instructed by Hopkin Murray Beskine, Public Law Solicitors and Leigh Day and Co.) for the Claimants Mr Tim Eicke QC and Mr Edward Brown (instructed by The Treasury Solictor) for the Defendant Mr Jonathan Manning (instructed by the Director of Leg...

    ... will set out or describe the relevant legislation below. 3. The challenge is mounted on three ...(a) remove or minimise disadvantages suffered by persons who share a relevant ... individuals, it does have a number of advantages:. · It would enable LAs to provide additional ... of law save where it exercises powers delegated by Parliament. . 81. As regards the ...

  • NA v Nottinghamshire County Council, Court of Appeal - Queen's Bench Division, December 02, 2014, [2014] EWHC 4005 (QB)

    1. The claimant in this case, NA (now aged 37), had a very unhappy childhood. She alternated between periods of living with her mother (and sometimes her mother's violent and abusive partner) and a variety of foster placements, followed eventually by a succession of residential children's homes. Her unhappy childhood experiences have cast a long sh...

    ... of action, each of which involved advantages and disadvantages which had to be weighed up, ...(4) The defendant has delegated to a third party some function which is an ... that the applicable Canadian legislation provided no basis for imposing a non-delegable ...

  • Upper Tribunal (Administrative Appeals Chamber), January 30, 2015, [2015] UKUT 50 (AAC)

    Decision: The appeal is allowed. The appellant is not disentitled from state pension credit on her claim made with effect from 8 November 2012 on the ground of lacking the right to reside. She had such a right pursuant to Article 17 of Directive 2004/38/EEC and/or regulations 5(2)(a) and 15(1)(c) of the Immigration (European Economic Area) Regul...

    ... . 4. I have no power to declare legislation to be .. lawful or not lawful. I cannot declare ...(19) Certain advantages specific to Union citizens who are workers or ... had to the least onerous, and the disadvantages caused must not be disproportionate to the aims ... include that the measure was adopted by delegated legislation, that it was implemented through the ...

  • EE Ltd v Office of Communications & Ors, Court of Appeal - Civil Division, November 22, 2017, [2017] EWCA Civ 1873

    1. This is an appeal by EE Limited (``EE'') against the dismissal by Cranston J ([2016] EWHC 2134 Admin) of its claim for judicial review of the decision of the Office of Communications (``Ofcom'') in September 2015 setting the annual licence fees for the 900 MHz and 1800 MHz bands of radio spectrum used for mobile communications. The decision res...

    ...') for the purposes of the relevant EU legislation; in particular the Directives known as and ... Directive may reflect the value and advantages of the use of the band to the licensed operator ... may have both advantages and disadvantages relative to 900 MHz and 1800 MHz spectrum, and ...49. It seems to be common ground that delegated legislation such as the 2010 Direction should, if ...

  • West Berkshire District Council Reading Borough Council v Department for Communities and Local Government, Court of Appeal - Administrative Court, July 31, 2015, [2015] EWHC 2222 (Admin)

    (i) The decision on 28 November 2014 to make alterations to national policy in respect of planning obligations for affordable housing and social infrastructure contributions by way of a \ in the House of Commons (HCWS50); (ii) The decision on 10 February 2015 to maintain those policy changes following the completion of an Equalities Impact Assessme...

    ... the decision-maker is mandated by the legislation to take into account adopted local plan policies ... have provided significant economic advantages for that sector. Concerns about the effects of ...(a) remove or minimise disadvantages suffered by persons who share a relevant ... dealt with a challenge to rules made by delegated legislation as to the circumstances in which ...

  • ASDA Stores Ltd v Brierley & Ors, Court of Appeal - Civil Division, June 22, 2016, [2016] EWCA Civ 566

    1. This appeal concerns equal pay claims made by over 7000 claimants, overwhelmingly women, employed by the supermarket, Asda. They work in hourly-paid jobs in its retail stores. Most of those jobs are carried out by women. They are claiming equal pay with comparators employed in the distribution depots, jobs done overwhelmingly by men. 2. The cl...

    ...The relevant legislation. 10. There is legislation dealing with the ...: that a very general power conferred by delegated legislation can be used to restrict a right ... some indication of how these disadvantages might be mitigated if and when the transfer to ...50. On the contrary, there are advantages in the Tribunal procedures, particularly in the ...

  • Gilham v Ministry of Justice, Court of Appeal - Civil Division, December 21, 2017, [2017] EWCA Civ 2220

    1. This is the judgment of the Court, to which all its members have contributed. The Appellant is a district judge. On 27 February 2015 she brought proceedings in the Employment Tribunal against the Ministry of Justice under Part IVA of the Employment Rights Act 1996 claiming that she had been subjected to various detriments contrary to section 4...

    ... of EU law, and thus of domestic legislation implementing it, a judge falls within the ... These functions are in practice mostly delegated to the Senior Presiding Judge or to the Presiding ... protection rights there were positive advantages to establishing that a particular ``employment'' ... be regarded by claimants as having disadvantages when compared with the ordinary courts). But ...

  • Lumsdon & Ors, R (on the application of) v Legal Services Board & Ors, Court of Appeal - Civil Division, October 07, 2014, [2014] EWCA Civ 1276

    1. The Legal Services Board (``LSB'') was established pursuant to the Legal Services Act 2007 (``the Act''). One of its functions is to oversee the approved regulators of the legal profession and to ensure that they carry out their regulatory functions to the required standards. The approved regulators relevant for current purposes are the Bar St...

    ... relation to the Bar, this function is delegated by the Bar Council to the BSB; in relation to ... is also governed by relevant legislation (such as the Constitutional Reform Act 2005) and ... In other words, there are advantages in the judge having the assessment questions in ... about the relative advantages and disadvantages is manifestly wrong. . 103. The present case ...

  • Brent London Borough Council v Risk Management Partners Ltd, Court of Appeal - Civil Division, June 09, 2009, [2009] EWCA Civ 490

    1. These are appeals against decisions of Stanley Burnton LJ who heard the cases as a High Court Judge but had been appointed to the Court of Appeal when he delivered judgment. Judgments were delivered on 22 April 2008 and 16 May 2008. In the first judgment ([2008] EWHC 692 (Admin)), Stanley Burnton LJ declared that Brent London Borough Counci...

    ... absence of specific powers in other legislation that certain activities are prohibited and that ... at least a medium term view of the advantages of mutuality. I do not accept the submission of ...-sector boards, within the limits of the delegated powers granted to them by the governing council. ... on fixed terms, but there are disadvantages in that the level of premium will usually reflect ...

  • Cameron Mathieson, a deceased child (by his father Craig Mathieson) (Appellant) v Secretary of State for Work and Pensions (Respondent)

    ..., had carefully set out the rival advantages and disadvantages of so doing. . 27. One of the ... by an "administrative" authority with delegated "legislative" powers, within the meaning of both ... obliged by any provision of primary legislation to suspend the payment, he acted unlawfully in ...

  • W, R (on the application of) v The Secretary of State for Justice, Court of Appeal - Administrative Court, July 08, 2015, [2015] EWHC 1952 (Admin)

    1. On 26 November 1982, when he was aged 16, the Claimant was convicted of an offence of assault occasioning actual bodily harm (`ABH'), contrary to s.47 of the Offences against the Person Act 1861. He was given a 2-year Conditional Discharge and bound over to keep the peace for 12 months. 2. Since then he has made a success of his life and has no...

    ... legal challenges to the pre-May 2013 legislation. 22. By the time of her report on the IAPDCR's ... considered and approved by the Second Delegated Legislation Committee of the House of Commons. .... 78. The assessment of the advantages and disadvantages of various legislative ...

  • Her Majesty's Treasury (Respondents) v Mohammed Jabar Ahmed and others (FC) (Appellants)

    ... 10, the opportunity for scrutiny of delegated legislation by Parliament is determined by the ... such powers outweigh the potential disadvantages and that it is accordingly expedient to adopt ...So it is possible to assess the advantages of a suspension as against the disadvantages. The ...

  • Marubeni Hong Kong and South China Ltd. v Mongolian Government, Court of Appeal - Commercial Court, March 12, 2004, [2004] EWHC 472 (Comm)

    1. The claim is brought by a Hong Kong company ("MHK'') that carries on business as an import/export and general trading company. It is a wholly owned subsidiary of Marubeni Corporation ("Marubeni") a Japanese company with its principal place of business in Japan. The defendant is the Mongolian Government acting through its Ministry of Finance (``

    ... Government shall, in conformity with legislation, issue resolutions and ordinances in its power, ... as the agent's powers were limited by delegated legislation, and to hold otherwise would have ... Weighing up the potential advantages and disadvantages of the various elements of the ...

  • Ealing London Borough Council v The Audit Commission for Local Authorities & Anor, Court of Appeal - Administrative Court, February 17, 2005, [2005] EWHC 195 (Admin)

    1 The defendant, which I shall call the ``Audit Commission'', is a statutory body created by the Audit Commission Act 1998. Section 99 of the Local Government Act 2003 imposes duties on the Audit Commission as follows: ``(1) The Audit Commission must from time to time produce a report on its findings in relation to the performance of English local...

    ... ``Weak'', with all of the intended disadvantages and restrictions which such a classification ... the Minister has, by his stated policy, delegated to the Minister of Agriculture the effective ... and categorised under different legislation). Put another way, it was more odd to set up two ... prisoners, simply to confer on them advantages which they would not otherwise have had. 49 Has ...

  • Brynmawr Foundation School, R (on the application of) v Welsh Ministers & Anor (Rev 1), Court of Appeal - Administrative Court, March 09, 2011, [2011] EWHC 519 (Admin)

    1. Since 1 April 2006 the functions of the Welsh Ministers, the first defendant, have included consulting upon, and making proposals for, a "prescribed alteration" to a foundation school: see section 113A of the Learning and Skills Act 2000 ("the 2000 Act") as amended. Proposals to provide or to cease to provide sixth form education in a school are...

    ..., other than to make subordinate legislation, and there was no legally separate executive. ... from Brynmawr..requires powers to be delegated to the local authority from the Welsh Assembly ... 5) detailing outcomes, perceived advantages and disadvantages, costs, and general comments. ...

  • Chagos Islanders v Attorney General Her Majesty's British Indian Ocean Territory Commissioner, Court of Appeal - Queen's Bench Division, October 09, 2003, [2003] EWHC 2222 (QB)

    1. The Chagos Archipelago lies in the middle of the Indian Ocean. It is approximately 2,200 miles east of Mombasa in Kenya and a little over 1,000 miles south by west of the southern tip of India, and so about 1,000 miles east of Mahe, the chief island in the Seychelles, and 800 miles north-east of Port Louis in Mauritius. The largest island in the...

    ...The need for immigration legislation to back up the Government's stated position as to ... over another and give them employment advantages over other poor inhabitants grappling with high .... 88. Mr Wenban-Smith was given delegated powers by the BIOT Commissioner to determine the ...Even if the lawyer explains the disadvantages and that the client is under no obligation to ...

  • Baa Ltd v Competition Commission, Court of Appeal - United Kingdom Competition Appeals Tribunal, December 21, 2009, [2009] CAT 35

    1. On 29 March 2007 the Office of Fair Trading (``OFT''), in exercise of its powers under sections 131 and 133 of the Enterprise Act 2002 (``the Act''), made a reference to the Competition Commission (``the Commission'') for an investigation (``the Investigation'') into the supply of airport services in the United Kingdom. The OFT reference require...

    ...'s functions in maintaining the Fund is delegated to the Pension Fund Management Panel, made up of ...The Commission weighed the advantages of remedying more quickly the substantial AECs ... identified against the potential disadvantages of imposing a demanding timetable. Key to this ...The governing legislation must be the starting point. Thus the Commission ...

  • Secretary of State for Work and Pensions (Appellant) v. M (Respondent), (2006)

    ..., is not a primary purpose of the legislation. Nonetheless, it is a feature built into the ... welfare benefits system, this had some advantages for same sex couples, about which opposite sex ... might wish to complain, and some disadvantages, about which same sex couples might wish to ...As this is delegated legislation, the majority of the Court of Appeal ...

  • Secretary of State for Work and Pensions (Appellant) v. M (Respondent)  , (2006)

    ..., is not a primary purpose of the legislation. Nonetheless, it is a feature built into the ... welfare benefits system, this had some advantages for same sex couples, about which opposite sex ... might wish to complain, and some disadvantages, about which same sex couples might wish to ...As this is delegated legislation, the majority of the Court of Appeal ...

  • Trailer & Marina (Leven) Ltd., R (on the application of) v Secretary of State for the Environment, Food & Rural Affairs & Anor, Court of Appeal - Civil Division, December 16, 2004, [2005] 1 WLR 1267,[2004] EWCA Civ 1580

    2. This appeal is brought by Trailer and Marina (Leven) Limited (``the company'') against the dismissal, by Ouseley J on 6th February 2004, of its claim for a declaration that sections 28-28Q of the Wildlife and Countryside Act 1981 (``the 1981 Act''), as amended by the Countryside and Rights of Way Act 2000 (``the 2000 Act''), are incompatible wit...

    ... It is now that the effect of the legislation in question was or could be to infringe the ... Assessment of the advantages and disadvantages of the various legislative ... to show that there are no primary or delegated powers which, if properly exercised, would ...

  • Rockware Glass Ltd, R (on the application of) v Chester City Council & Anor, Court of Appeal - Administrative Court, October 24, 2005, [2005] EWHC 2250 (Admin)

    1 This case concerns a substantial industrial installation for the manufacture of glassware at a former power station at Elton, on the borders of the districts of the City of Chester and Ellesmere Port and Neston . That area is one long known for its substantial industries (including petrochemicals) and refineries. In particular, these works have

    ... Durham, and was said to be issued under delegated authority. 4 It is argued by Rockware Glass ... Prevention and Control Code -(1) Legislation. (f) The Pollution Prevention and Control Code ...consideration the costs and advantages, whether or not the . techniques are used or ... look at the major advantages and disadvantages of techniques used to deal with them. Account ...