Notes

Delegated legislation is the power passed on, with the authority of Parliament, for another person or body to make laws. This is essential for emergencies because it is much quicker to take immediate action, rather than having Parliament pass a new law, which takes a long time. The three types of delegated legislation are orders in council, statutory instruments and the local authority by laws.

Orders in Council:
Orders in council is when the privy council, including the Prime Minister and other leading members, makes laws which are approved by the person in monarch. While the king approves of orders in council, the government regulates them. Parliament delegates power to certain services automatically in the case of emergencies. Orders in council can be made by transferring responsibilities between the government departments, dealing with regulatory matters and other types of law. An example of an order in council is when the Queen and privy council made the law to adjust the drugs act 1971 in order to make cannabis a class B drug. This form of delegated legislation is useful because it doesn't have to be passed through Parliament, which can take a long time. This is mainly used in emergencies because the Parliament does not have enough time to pass a law to evacuate an area when in trouble.

Statutory Instruments:
Statutory instruments are the next type of delegated legislation. Ministers will use statutory instruments to make more detailed law to acts of Parliament which are already in place.
Houses of Parliament study some statutory instruments before they are interpreted. Ministers will add information to laws for the department they work for. For instance, the Secretary of State for Transport can create regulations for road traffic matters whereas the Secretary of State for Work and Pensions can encounter workplace settlements, like legislation is the organised crime and police act 2005. This gives the Secretary of State for Power to make regulations with serious crime equipment. This is efficient because it means Parliament doesn't have to waste their time dealing with long, detailed and complicated rules in an Act of Parliament.

Local Authority By Laws:
Finally, By-laws are when the local authorities solve problems for their own district. This is beneficial for Parliament because it means they do not have to spend time investigating each and every detail which goes into regulations for every town and city and can instead focus on more important things. Some examples of Local Authority By-laws is a city or town council resticting smoking in public places such as the London underground, creating parking restrictions or banning dogs from certain areas such as open parks or beaches. This is beneficial because Parliament does not have the time to investigate each local area which is why the local authorities have this power instead.
Controls of Delegated Legislation
Control is vital for delegated legislation due to the fact that non-elected bodies have the power to make it.

Parliamentary controls:
Parliament is the one who starts with the control over which powers are delegated. This is evident as Parliament announces which government minister can make regulations, the type of laws made, who they are made for whether that's the whole country or just an area, and if those affected should be consulted before the law is applied. The parent Act ensures Parliament follows all these procedures and if they aren't, the delegated legislation can be challenged. Parliament holds power and control over the delegated legislation and they can stop it at any time. In order to ensure delegated powers are used appropriately, after an act has been decided Parliament must obey the following checks to ensure delegated powers are used appropriately. These checks are affirmative resolutions, negative resolutions, super-affirmative resolution procedures, questions in Parliament and scrutiny committees.

Affirmative Resolution
Some statutory instruments will not officially become law until they are agreed with by the House of Lords and the House of Commons due to statutory instruments being subject to affirmative resolutions. Most of the time, Parliament approves of the legislation as the last last time affirmative resolutions did not receive approval by the commons was in 1978. This has a drawback of Parliament not being able to make adjustments to the statutory instrument but instead just approving, annulling or withdrawing it. Affirmative resolution benefits the Parliamentary system because it ensures each legislation is well thought and effectively evaluated before being passed.

Negative Resolutions
Many statutory instruments will become law unless the Parliament rejects it within 40 days if they are subjected to negative resolutions. This can have a negative effect due to having significantly high amounts of statutory instruments being subjected to negative resolutions.
With roughly 3000 statutory instruments made each year, it is not possible for parliament to evaluate each and every one of them as there won't be enough time to which prevents them from being evaluated effectively. This can benefit Parliament because it reduces the burden as long debates and votes in two houses of Parliament are avoided. This time saved can be used for more important matters.
Super-Affirmative Resolution Procedures
If delegated legislation has been constructed under the Legislative and Regulatory Reform Act 2006, it will be subjected to super-affirmative response procedures. This Act provides ministers with the power to make appropriate adjustments to Acts of Parliament. Both Houses of Parliament and the legislatures of ENgland, Wales, Scotland and Northern Ireland have to approve this procedure so this enforces security since so many people have to agree with the amendments.
Questions in Parliament
Due to the fact that every government minister owns the responsibility for their department, MPs and Lords in parliament have the power to question ministers if needed. The questions can relate to proposed regulations the minister plans on enforcing in the near future.
Scrutiny Committees
The House of Lords appoints the Delegated Powers Scrutiny Committee in order to assess the bills going through Parliament. The House of Lords must receive the findings before they reach the committee stage of the bill. The Joint Selective Committee carries out checks within statutory instruments in order to ensure the process is running smoothly and correctly.
If things aren't, the committee will inform both of the Houses of Parliament to get it looked at further. This can occur if the statutory instrument imposes taxes or charges, has a retrospective effect that was not provided for by the Act, has gone beyond the suitable powers, has unusual uses of delegated powers or is unclear.
Ultra Vires:
Ultra Vires comes from a latin expression with the definition of "beyond the powers". This phrase is used if an individual uses more power than they have. A case in which this is evident is the R V Home Secretary, ex parte Fire Brigades Union (1995) case. In this case the Criminal Justice Act 1988 gave a statutory scheme to pay compensation in the case of criminal injuries. The government went beyond their delegated powers to make it so that they would save money by awarding less compensation. The House of Lords decided this action was ultra vires. The two types of ultra vires are procedural ultra vires and substantive ultra vires.
Procedural ultra vires are when law-making processes go further than the Enabling Act allows or when they simply do not follow the act. This could ema incorrect procedures were used so the delegated legislation will be considered ultra vire. A case which shows this is the Aylesbury Mushroom (1972) case. In this case, legislating bodies did not have to consult the Aylesbury Mushroom Association group about their legislation which resulted in the mushroom growers being ultra vires.
Substantive ultra vires are where the delegated legislation goes further than their powers that are given by the Enabling Act. A case where this is evident is the Attorney General V Fulham Corporation (1921) case. In this case the legislation provided public wash-houses.

however the local authority opened a laundrette despite this not being permitted by court.
This area of delegated legislation is ultra vires because the local authority used powers beyond what they had to open a laundrette instead of a wash-room.
Furthermore, an unreasonable decision can be considered ultra vires. The Rogers V Swindon NHS Primary Care Trust (2006) case shows this as a woman with breast implants was refused access to a drug by the NHS trust even though other patients in the area were given the drug. Her case was concluded to be unreasonable which therefore resulted in it being ultra vires.
The three prerogative orders of Prohibition, Mandamus and Certiorari used by the King's bench Division control delegated legislation which is beneficial in the case of ultra vires. The Bancoult V Secretary of State for Foreign and Commonwealth Affairs case is a good example of this. In this case, the minister was challenged due to disapproval of the local people from returning to Chagos Islands.
Judicial Controls:
When executives, administrative and legislative are reviewed by the judiciary, they have judicial controls. Judges can review their actions in order to confirm they are satisfying their roles and responsibilities, rather than doing their job incorrectly. This could be past or present actions to ensure they are not going beyond their power. If this does occur, they will be questioned and challenged by judges. They will then be told to amend their action by either changing or removing it with the purpose of making it right.