High Court rules that Public Order regulations are ultra vires (R (Liberty) v SSHD)
Public law case analysis: The High Court has ruled that the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 (‘the Regulations’) are ultra vires. In 2022 the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) amended the Public Order Act 1986 (POA 1986) to confer upon the Secretary of State a power to amend the definition of ‘serious disruption’ in the POA 1986 by means of subordinate, secondary, legislation. In April 2023, before the Public Order Act 2023 (POA 2023), which contained two amendments to the Public Order Bill in relation to expanding the definition of ‘serious disruption’ to anything which was ‘more than minor’ received Royal Assent, the Secretary of State laid a draft of the Regulations before both Houses of Parliament by way of affirmative resolution procedure. The Regulations contained proposed amendments to the POA 1986 which had been rejected by the House of Lords during the passage of the Public Order Bill.
Written by Rowena Wisniewska Sethi, barrister of 4-5 Gray's Inn Square Chambers.
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