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CMA Foundation · Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation

A Ministry frames rules under an Act. One rule conflicts directly with a provision in the parent Act itself. What is the legal position of the rule to the extent of the conflict?

The rule is invalid to the extent of the conflict, because it is ultra vires the parent Act. Delegated legislation draws its authority from the enabling Act and cannot contradict or override it, whether it is later in time or more specific.

  1. AThe rule prevails because it is more specific
  2. BThe rule prevails because it was made later in time
  3. CBoth are valid and the Ministry may choose which to apply
  4. DThe rule is invalid (ultra vires) to the extent of the conflict, as delegated legislation cannot override the parent ActCorrect

Explanation

Subordinate legislation derives its authority from the parent Act and must stay within it. A rule inconsistent with the Act is ultra vires to that extent and void. Being later or more specific does not give it priority over the enabling statute.

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