Order in Council

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 Queen by and with the advice and consent of the Privy Council (Queen-in-Council), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent.

Although the Orders are officially made by the Queen, in practice, royal assent is a formality only. What actually happens is that a representative of the government (generally a cabinet minister or the Lord President of the Council) reads out batches of Orders in Council drafted by the government in front of the Queen, who, after each order, says "Approved". They then come into effect.

Two principal types of Order in Council exist: Orders in Council whereby the Queen-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 Queen by the Privy Council (Queen-in-Council). In Canada they are made in the name of the Governor General by the Queen's Privy Council for Canada (or in the case of provincial orders-in-council, orders are by the Lieutenant-Governor-in-Council) and 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 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.

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