The Confederation of Passenger Transport UK v Humber Bridge Board & Anor

The Confederation of Passenger Transport UK v Humber Bridge Board & Anor

The court held that the omission of 'large bus' from the operative parts of the 1997, 2000, and 2002 Orders was a drafting error. Applying established principles, the court was satisfied as to the intended purpose, the inadvertence of the omission, and the substance of the provision that would have been made....

Source-derived case information.

Parties
Appellant: Confederation of Passenger Transport UK; First Respondent: Humber Bridge Board; Second Respondent: Secretary of State for Transport Local Government and the Regions
Jurisdiction
England and Wales
Judgment Date
25 June 2003
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review of Statutory Instruments, Interpretation of Delegated Legislation, Toll Levies, Public Authority Powers
Administrative Law Statutory Interpretation Transport Law Judicial Review of Statutory Instruments Interpretation of Delegated Legislation Toll Levies Public Authority Powers

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Parties

Confederation of Passenger Transport UK

Appellant

Humber Bridge Board

First Respondent

Secretary of State for Transport Local Government and the Regions

Second Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Humber Bridge Board was authorised to levy tolls on large buses under the 1997, 2000, and 2002 Tolls Revision Orders
  2. 2 Whether the omission of 'large bus' from the operative parts of the Orders invalidated toll collection for such vehicles
  3. 3 Whether the court can read words into a statutory instrument to correct a drafting error

Ratio Decidendi

The court held that the omission of 'large bus' from the operative parts of the 1997, 2000, and 2002 Orders was a drafting error. Applying established principles, the court was satisfied as to the intended purpose, the inadvertence of the omission, and the substance of the provision that would have been made. Therefore, the Orders should be construed as authorising the Board to levy tolls on large buses at the specified rates.

Court Disposition

Appeal dismissed

Orders

  • The Board is entitled to charge a maximum of £9.20 under the 1997 Order, £9.60 under the 2000 Order, and £10.00 under the 2002 Order for large buses.
  • Application for judicial review refused.