what is the name of the statute involved in the case of Royal college of nursing of the united kingdom v DHSS?
speeches of members of the House of Lords in the case of Royal college of nursing of the united kingdom v DHSS
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Health Professions, Constitutional, Health Professions Casemap 1 Citers The court was asked whether nurses could properly involve themselves in a termination procedure not known when the Act was passed. Held: Lord Wilberforce said, in dissenting: 'In interpreting an Act of Parliament it is proper, and indeed necessary, to have regard to the state of affairs at the time. Leaving aside cases of omission by inadvertence, when a new state of affairs, or a fresh set of facts bearing on policy, comes into existence, the courts may consider that they fall within the Parliamentary intention, if they fall within the same genus of facts as those addressed. They may also do so if there is a clear purpose in the legislation which can only be fulfilled if the extension is made. How liberally these principles may be applied must depend upon the nature of the enactment, and the strictness or otherwise of the words in which it has been expressed. The courts should be less willing to extend expressed meanings if it is clear that the Act in question was designed to be restrictive or circumscribed in its operation rather than liberal or permissive. They will be much less willing to do so where the subject matter is different in kind or dimension from that for which the legislation was passed. In any event there is one course which the courts cannot take, under the law of this country; they cannot fill gaps; they cannot by asking the question 'What would Parliament have done in this current case - not being one in contemplation - if the facts had been before it?' attempt themselves to supply the answer, if the answer is not to be found in the terms of the Act itself. Abortion Act 1967 The case cite is: Royal College of Nursing of the United Kingdom -v- Department of Health and Social Security [1981] AC 800; [1981] 1 All ER 545 CA and HL(E); [1981] 2 WLR 279; [1980] UKHL 10
