QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF LEONARD KELSALL AND OTHERS||(CLAIMANT)|
|SECRETARY OF STATE FOR ENVIRONMENT, FOOD & RURAL AFFAIRS||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR P COPPEL (instructed by DEFRA) appeared on behalf of the DEFENDANT
Thursday, 13th March 2003
Crown Copyright ©
"When a legislative instrument made by a law-maker with limited powers is challenged, the only function of the court is to determine whether there has been a valid exercise of that limited legislative power in relation to the matter which is the subject of disputed enforcement. If a law-maker has validly exercised his power, the court may give effect to the law validly made. But if the court sees only an invalid law made in excess of the law-maker's power, it has no jurisdiction to modify or adapt the law to bring it within the scope..."
"The application of these principles leads naturally and logically to what has traditionally been regarded as the test of severability."
"... often referred to inelegantly as the 'blue pencil' test. Taking the simplest case of a single legislative instrument containing a number of separate clauses..."