Carltona Ltd v Commissioners of Works

Facts

In wartime a factory was requisitioned under regulations giving the power to the Commissioners. The order was made by an assistant secretary in the ministry.

Issue

Was the order invalid because the minister had not made it personally?

Held

No. Officials act as the minister's alter ego, and their decision is his.

Principle

A minister's powers may be exercised by responsible officials in his department. The minister remains answerable to Parliament.

Why it matters

Explains how central government works in practice.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.