... of transport experts to provide them with information on which to base their decision on. With regards to the policy of fining companies which miss their target punctuality levels, discretion of this kind must not be fettered. Policies of this kind which are introduced should not be strictly enforced; they must allow for exceptions, established in British Oxygen Co v Board of Trade [1971] AC 610. To make such rules would give delegated legislation too much discretion. If in this case the policy is flexible then there isn't a problem, but if the policy is strictly enforced then it would be an abuse of discretion, which would make the rule unenforceable. In the case of Mills v London County Council [1925] 1 KB 213, there were similar facts to the case, and the court decided that as the final decision was down to the council, then the delegation should be allowed. ...

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