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Act (which as we have indicated was intended to and
does have the effect of enabling the Director to respond to requests
from any foreign country), there is no basis for concluding that
the words used in the Investigation Law of 1991 should be interpreted
as having any meaning other than their natural meaning.
Accordingly it is necessary to consider whether or
not the Investigation Law of 1991 is, as the applicants contend,
in whole or in part outside the powers of the States of Guernsey.
The court has received extensive submissions from
all the parties concerning the circumstances in which legislation
passed by a legislature subordinate to the UK Parliament may be
held to be ultra vires, either because repugnant to United Kingdom
legislation applying to the subordinate territory, or because designed
to have an extra-territorial effect going beyond the proper confines
of the jurisdiction of the subordinate legislature.
We take next the question of repugnancy. Reliance
was placed on the decision of the English Court of Appeal in R v
Secretary of State for Home Department, ex parte Fire Brigades Union
and others [1995] 1 All ER 888. Legislation had been passed in the
Criminal Justice Act 1988 providing for a new scheme for compensation
for criminal injuries to take the place of an existing scheme made
under the prerogative. The legislation gave the Secretary of State
power to determine when the statutory scheme should be brought into
force.
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