TNAG-0870-FCO40-1080-Air-services-between-Hong-Kong-and-the-UK-1979 — Page 36

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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