Editing Statutory instrument (UK) (section)

== Judicial controls ==

As with all delegated legislation, because statutory instruments are made by a person exercising a power conferred by an Act of Parliament for a specified purpose, rather than by Parliament exercising its sovereign law-making powers, they can be struck down by the [[courts]] if it is concluded that they are ''[[ultra vires]]'' (literally, "beyond the powers" conferred by the parent Act). This would be the case if the Government attempts to use delegated legislation for a purpose not envisioned by the parent Act, or if the legislation is an unreasonable use of the power conferred by the Act, or if pre-conditions imposed by the Act (for example, consultation with certain organisations) have not been satisfied.

In 1987, the case ''re Woolwich Equitable Building Society'' led the courts to strike down SI 1986 No 482 regulation 11 which related to payments of dividends by building societies. More recently the Court of Appeal struck down SI 2014 No 2604, known as the Fast Track Rules, which relates to asylum appeals. This was held to be ''ultra vires'' [[Tribunals, Courts and Enforcement Act 2007]] section 22.<ref>The Times law report of 9 September 2015</ref>