Barnard v National Dock Labour Board [1953] 2 QB 18

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.