## Facts

- The National Dock Labour Board was established under the Dock Workers (Regulation of Employment) Scheme 1947 with explicit statutory authority to discipline registered dock workers.
- The Scheme required the Board itself to exercise disciplinary functions, including suspension and dismissal for misconduct, through specific procedures set by Parliament.
- In this case, the local board, a branch of the National Dock Labour Board, delegated its disciplinary authority to suspend workers to a port manager.
- Mr. Barnard, a registered dock worker, was suspended from employment by decision of the port manager, not by the local board collectively.
- The legality of this delegation and suspension was challenged and reviewed by the Court of Appeal.

## Issues

1. Whether the delegated authority given to the port manager by the local board to suspend a dock worker was lawful under the statutory scheme.
2. Whether statutory disciplinary powers requiring collective judgment can be further delegated by a body acting under delegated authority.
3. Whether the Board’s actions complied with legal requirements set by Parliament regarding the exercise of statutory powers affecting individual rights.

## Decision

- The Court of Appeal held that the local board’s delegation of its disciplinary powers to the port manager was unlawful.
- It found that the statutory power to discipline workers required exercise by the designated board itself, not by a single individual.
- The transfer of disciplinary authority circumvented the process set by Parliament, depriving workers of the intended collective consideration.
- The decision established that statutory powers impacting individual rights must be exercised solely by the body explicitly entrusted with them, unless statutory authority for delegation exists.

## Legal Principles

- The rule of _delegatus non potest delegare_ applies: a delegate cannot further delegate statutory duties unless expressly authorized.
- Core statutory powers, especially those affecting individual rights, must be exercised by the designated entity and cannot be passed to a single person absent explicit legal provision.
- Routine administrative or preparatory tasks may be handled by staff, but final, substantive decisions must remain with the body authorized by Parliament.
- The distinction between permitted administrative delegation and unlawful transfer of core decision-making is fundamental for ensuring accountability and protecting rights.

## Conclusion

Barnard v National Dock Labour Board [1953] 2 QB 18 reinforced that statutory powers, particularly those affecting individual rights, cannot be delegated beyond the body entrusted by law unless such delegation is clearly authorized; the case remains a central authority on the limits of lawful delegation in administrative law.