Order of Council
Encyclopedia
An Order of Council is a form of legislation
in the United Kingdom
. It is made by the Lord
s of the Privy Council
(in practice, Ministers
of the Government).
Orders of Council differ from Orders in Council in that, whilst the latter are Orders made by the Queen meeting with the Privy Council, Orders of Council are made by the Council in its own right and without requiring the Queen's approval. The preamble of all Orders of Council states that the Order was made at a meeting of the Council held in Whitehall; however, in practice they are all approved through correspondence, and no meeting is actually held.
Depending on the subject, Orders of Council can be either made under prerogative powers
, or under authority granted by an Act of Parliament
(and so are delegated legislation
). An example of an Order made in exercise of prerogative powers would be one approving changes to the byelaws
of a Chartered
institution. Orders made under statute generally relate to:
Lists of Orders of Council made since 2000 can be found on the Privy Council Office website.
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It is made by the Lord
Lord
Lord is a title with various meanings. It can denote a prince or a feudal superior . The title today is mostly used in connection with the peerage of the United Kingdom or its predecessor countries, although some users of the title do not themselves hold peerages, and use it 'by courtesy'...
s of the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
(in practice, Ministers
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
of the Government).
Orders of Council differ from Orders in Council in that, whilst the latter are Orders made by the Queen meeting with the Privy Council, Orders of Council are made by the Council in its own right and without requiring the Queen's approval. The preamble of all Orders of Council states that the Order was made at a meeting of the Council held in Whitehall; however, in practice they are all approved through correspondence, and no meeting is actually held.
Depending on the subject, Orders of Council can be either made under prerogative powers
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
, or under authority granted by an Act of Parliament
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
(and so are delegated legislation
Delegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
). An example of an Order made in exercise of prerogative powers would be one approving changes to the byelaws
Bylaw
By-law can refer to a law of local or limited application passed under the authority of a higher law specifying what things may be regulated by the by-law...
of a Chartered
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
institution. Orders made under statute generally relate to:
- Regulation of the medical and veterinary professions – Orders concerning the constitution, powers and rules of the General Medical CouncilGeneral Medical CouncilThe General Medical Council registers and regulates doctors practising in the United Kingdom. It has the power to revoke or restrict a doctor's registration if it deems them unfit to practise...
, Nursing and Midwifery CouncilNursing and Midwifery CouncilEstablished in 2002, the Nursing and Midwifery Council is a statutory body set up by the Parliament of the United Kingdom through the . The NMC is the UK regulator for nursing and midwifery professions with a stated aim to safeguard the health and wellbeing of the public...
, General Dental CouncilGeneral Dental CouncilThe General Dental Council is a United Kingdom organisation which regulates all dental professionals in the country. Established in 1956 by an amendment to the Dentists Act 1948, now updated in the Dentists Act 1984, it keeps an up-to-date register of all qualified dentists and other dental care...
, General Optical CouncilGeneral Optical CouncilThe General Optical Council is an organisation in the United Kingdom which was set up by the Opticians Act 1958 to maintain a register of opticians and to uphold the Act. Its purpose is to regulate the services provided by opticians and optometrists...
, Health Professions CouncilHealth Professions CouncilThe Health Professions Council is a statutory regulator of 210,000 health professionals from 15 professions in the United Kingdom. It was set up in 2003 under the National Health Service Reform and Health Care Professions Act 2002, to replace the Council for Professions Supplementary to Medicine ....
and the Council of the Royal College of Veterinary SurgeonsRoyal College of Veterinary SurgeonsThe Royal College of Veterinary Surgeons is the regulatory body for veterinary surgeons in the United Kingdom. Established in 1844 by Royal Charter, its statutory duties are laid out in the 1966 Veterinary Surgeons Act.-Role:...
. - Regulation of the higher educationHigher educationHigher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...
sector – Orders regarding the constitutions of Universities.
Lists of Orders of Council made since 2000 can be found on the Privy Council Office website.