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

An Act authorises the Central Government to make rules 'for carrying out the purposes of this Act'. A rule framed under it conflicts with an express provision of the Act itself. What is the likely position?

The rule is ultra vires to the extent of the conflict and a court can strike it down. Subordinate legislation draws its power from the parent Act and cannot contradict the Act's express provisions, however recent or specific the rule may be.

  1. AThe rule prevails because it is more recent and specific
  2. BThe rule is valid because the executive has the power to make rules
  3. CThe rule is ultra vires to the extent of the conflict and can be struck down by a courtCorrect
  4. DThe rule is valid until Parliament repeals the Act

Explanation

Delegated legislation derives its authority from the parent Act and cannot contradict it. A rule that conflicts with an express provision of the Act goes beyond the delegated power and is ultra vires to that extent. The reasoning in option A is wrong because a later rule cannot override the statute that authorises it.

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