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United Kingdom;
and in so far as any directions given in pursuance of
this subsection conflict with the requirements of any
provision of this Act except subsections (1) and (2) of
this section those requirements shall be disregarded"
We have added the emphasis to the last words ("the
underlined words") for the purposes of reference
hereafter without undue repetition].
5.
We have been asked to advise whether, if
directions of the type contemplated were made, they
would in principle be objectionable from a legal point
of view, and in particular whether they would be "ultra
vires".
6.
Before turning to any detailed consideration
of the directions proposed, we can state in general terms
that it seems to us clear that Section 4(3) of the Act
gives extremely wide powers to the Secretary of State
(in the circumstances and/or with reference to the
considerations set out in that sub-section) to direct
the Authority in the performance of its functions and
the exercise of its powers.
The underlined words make
clear in terms that the requirements of any provision
of the Act are to be disregarded if in conflict with a
direction given. In the words of Lord Denning in
Laker Airways Ltd. v. Department of Trade (1977) 2 W.L.R.
234 at 244F: "Section 4 of the Statute confers exceptional
powers on the Secretary of State.
override the statutory requirements as to licences and
It enables him to