An Order of Council is a form of
legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. It is made by the
Lord
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or ar ...
s of the
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
(in practice,
ministers of the Crown
Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or ...
).
Orders of Council differ from
Orders 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 monarch by and with the advice and consent of the Privy Council (''King ...
in that, while Orders
in Council are orders made by the
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
meeting with the Privy Council, Orders
of Council are made by the Privy Council in its own right and without requiring the monarch's approval. The preamble of all Orders of Council states that the order was made at a meeting of the council held in
Whitehall
Whitehall is a road and area in the City of Westminster, Central London. The road forms the first part of the A roads in Zone 3 of the Great Britain numbering scheme, A3212 road from Trafalgar Square to Chelsea, London, Chelsea. It is the main ...
; 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
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 and which have become widely vested in th ...
, or under authority granted by an
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
(and so are
delegated legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democ ...
). An example of an order made in exercise of prerogative powers would be one approving changes to the
byelaws
A by-law (bye-law, by(e)law, by(e) law), or as it is most commonly known in the United States bylaws, is a set of rules or law established by an organization or community so as to regulate itself, as allowed or provided for by some higher authorit ...
of a
chartered 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 Council
The General Medical Council (GMC) is a public body that maintains the official register of medical practitioners within the United Kingdom. Its chief responsibility is to "protect, promote and maintain the health and safety of the public" by c ...
,
Nursing and Midwifery Council
The Nursing and Midwifery Council (NMC) is the regulator for nursing and midwifery professions in the UK. The NMC maintains a register of all nurses, midwives and specialist community public health nurses and nursing associates eligible to pra ...
,
General Dental Council
The General Dental Council (GDC) is an organisation which regulates dental professionals in the United Kingdom. It keeps an up-to-date register of all qualified dentists and other dental care professionals such as: dental hygienists, dental ther ...
,
General Optical Council
The General Optical Council (GOC) is an organisation in the United Kingdom which maintains a register of opticians and regulates the services provided by dispensing opticians and optometrists. The stated function of the GOC is "''to protect the p ...
,
Health Professions Council
The Health and Care Professions Council (HCPC, formerly the Health Professions Council, HPC) is a statutory regulator of over 280,000 professionals from 15 health and care professions in the United Kingdom. The Council reports its main purpose i ...
and the Council of the
Royal College of Veterinary Surgeons
The Royal College of Veterinary Surgeons (RCVS) is the regulatory body for veterinary surgeons in the United Kingdom, established in 1844 by royal charter. It is responsible for monitoring the educational, ethical and clinical standards of the ...
.
* Regulation of the
higher education
Higher education is tertiary education leading to award of an academic degree. Higher education, also called post-secondary education, third-level or tertiary education, is an optional final stage of formal learning that occurs after completi ...
sector – Orders regarding the constitutions of
universities
A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, t ...
.
Lists of Orders of Council made since 2000 can be found on th
Privy Council Office website
References
Law of the United Kingdom
{{UK-law-stub