... the official in the recreational department had the authority to make a decision as to the funding of the party. The basic principle is that only a body in which a power is vested under a statute is entitled to exercise that power. If someone else exercises the power they may be acting ultra vires, since the delegation could be undermining the purpose of the statute. This does not necessarily mean that civil servants or local government officials are prevented from taking executive decisions on behalf of ministers or local authorities. The courts will be required to decide by reference to statute whether unlawful delegation has occurred. The nature of the functions delegated will be of particular relevance in determining whether the body has acted beyond its powers. The court takes a different approach based on whether the function delegated was judicial or administrative in nature. If the function is ...

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