Source: All England Reporter
Publisher Citation: [2005] All ER (D) 459 (Jul)
Court: Divisional Court
Judge:

Smith LJ, McCombe and Simon JJ
Representation Richard Drabble QC and Zoe Leventhal (insturcted by Bindman & Partners) for the claimant.
  Nathalie Lieven (instructed by the Treasury Solicitor) for the Secretary of State.
  Adam Clemens (instructed by the Force Solicitor) for the Metropolitan Police Commissioner, as interested party.
Judgment Dates: 29 July 2005

Catchwords

Statute - Commencement - Act coming into force on date subsequent to its enactment Commencement order made under power in Act to make transitional provisions - Order altering terms of criminal offence - Whether Order ultra vires power conferred by Act - , s 132(1) - (Commencement No 1, Transitional and Transitory Provisions) Order 2005, SI 2005/1521, art 4(2).

The Case

In so far as the (Commencement No 1, Transitional and Transitory Provisions) Order 2005, SI2005-1521, made under the power in s178(10) of the to make transitional provisions, purported to extend the criminal liability in s132(1) of the to include continuing demonstrations in the vicinity of Parliament, it was ultra vires s178(10). Such an alteration could not be described as a transitional provision, but was, in fact, an amendment.

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