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Concept
Order in Council
Summary
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (King-in-Council), but in other countries the terminology may vary. The term should not be confused with Orders of Council, which are made in the name of the Council without sovereign approval.
Two principal types of Order in Council exist: Orders in Council whereby the King-in-Council exercises the royal prerogative, and Orders in Council made in accordance with an Act of Parliament.
In the United Kingdom, orders are formally made in the name of the monarch by the Privy Council (King-in-Council or Queen-in-Council). In Canada, federal Orders in Council are made in the name of the Governor General by the King's Privy Council for Canada; provincial Orders-in-Council are of the Lieutenant-Governor-in-Council by the provincial Executive Council. In other places in name of the governor by the Executive Council (Governor-in-Council, Governor-General-in-Council, etc.).
In New Zealand, the Orders in Council, undertaken by the Executive Council, are required to give effect to the government's decisions. Apart from Acts of Parliament, Orders in Council are the main method by which the government implements decisions that need legal force.
An Order in Council made under the royal prerogative is primary legislation and does not depend on any statute for its authority, although an Act of Parliament may change this. This type has become less common with the passage of time, as statutes encroach on areas that used to form part of the royal prerogative.
Matters which still fall within the royal prerogative and hence are regulated by (prerogative) Orders in Council include dealing with servants of the Crown (e.g., standing orders for civil servants), appointing heads of Crown corporations, governance of British Overseas Territories, making appointments in the Church of England and dealing with international relations.
Official source
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