Having considered the rival submissions, I have the following to
say. The Parliament lays down the policy in more or less general terms
and confers on an extraneous authority the power to make regulations
or rules to carry out the legislative policy by implementing and
administering the requirements of the parent Act within that framework.
The doctrine of ultra vires envisages that an authority can exercise only
so much power as is conferred on it by law. An action of the authority is
intra vires when it falls within the limits of the power conferred on it but
it is ultra vires if it is in conflict with the parent Act, is made without
following the mandatory procedure prescribed by the parent Act or goes
beyond the scope of authority conferred on the delegate. When a piece
of subsidiary legislation is declared to be ultra vires, it is void and
becomes unenforceable.
As far as the ground No. 1 is concerned, a close reading of the
EPOCA and section 103 in particular, does not reveal the procedures set
by the Parliament but which were flawed by the 1st respondent in
promulgating the impugned Regulations. The law did not categorise
limits of power of the 1st respondent. I have considered the case of
Council of Civil Service Union versus Minister for the Civil Service
[1985] AC 374 HL cited by learned counsel for the applicants to support
the existence of procedural impropriety. This case is distinguishable and
inapplicable to the present matter particularly in view of the underlined
words ‘this is because susceptibility to Judicial Review under this head
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