| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 269 (Nov) |
| Court: | Queen's Bench Division, Administrative Court |
| Judge: | Latham LJ and Davis J |
| Representation | Duncan Atkinson (instructed by the Crown Prosecution Service) for the appellant. |
| Bryan Thomas (instructed by Howells) for the respondent. | |
| Judgment Dates: | 26 November 2008 |
Catchwords
Statute - Repeal - Savings - Bye-laws made under repealed statute continuing in force - Whether Parliament preserving mechanism for proving bye-laws - Construing intention of Parliament - , ,
The Case
Statute Repeal . Queen's Bench Division, Administrative Court: bye-laws made under the repealed of the Transport Act 2000 but preserved by virtue of of the Railways Act 2005 should be proved using the mechanism in Sch 20 para 7 of the 2000 Act, despite the repeal of that provision, as any other interpretation of s 46(4) was senseless and did not accord with the intention of Parliament.
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
