Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales) upholds quashing of POA 1986 ‘serious disruption’ regulations: Henry VIII power exceeded; ‘more than minor’ definition unlawful; no consultation duty.

Published on: 11 August 2025

Published by a LexisNexis Public Law expert

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Article summary

R (National Council for Civil Liberties) v Secretary of State for the Home Department (Public Law Project and another intervening) [2025] EWCA Civ 571 What are the practical implications of this case?

This Court of Appeal judgment, which affirms elements of the Divisional Court’s ruling, marks a significant statement on the core character of the right to protest as set out in the POA 1986. It is likewise notable for its treatment of the breadth of so-called Henry VIII powers to alter primary legislation through secondary instruments. The ruling supplies an uncommon, practical guide to the manner in which a court should interpret a statutory scheme that has been modified by subsequent measures. In particular, where the later provision derives from a Henry VIII power, the court’s first reference point must be the objective of the original statute. Only unequivocal language can justify reading the law, whether as amended or within the empowering provision, in a fashion that departs from the plainly articulated wording and purpose of the initial enactment. The Court of Appeal’s analysis also surveys the authorities concerning the public law duty as reflected in relevant case law on that duty...

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