Does the proposal give rise to doubts whether it is ultra vires?
32. Section 1(1)(a) of the 1994 Act defines the burdens which may be lifted by a deregulation Order as “affecting any person in the carrying on of any trade, business or profession or otherwise” [our italics]. It is clear that the principal beneficiaries of the present proposal will be individuals in their private capacity, and not in relation to any trade, business etc. 33. That raises, once more, the question of the breadth of the expression “or otherwise”. Its interpretation was a key issue in persuading both this Committee and its Lords counterpart to reject the proposal for the Deregulation (Civil Aviation Act 1982) Order 1987. In that case, the concern was whether the expression “or otherwise” allowed the Order-making power to apply to a burden solely affecting a public body; and in the end both committees concluded that it could not be so applied[24]. The question remains whether the expression may nonetheless be interpreted to cover burdens solely affecting individuals in their
