Her Majesty's Most Honourable Privy Council - Functions

Functions

The Sovereign exercises executive authority by making Orders in Council upon the advice of the Privy Council. Orders-in-Council, which are drafted by the government rather than by the Sovereign, are secondary legislation and are used to make government regulations and to make government appointments. Furthermore, Orders-in-Council are used to grant the Royal Assent to Measures of the National Assembly for Wales, and laws passed by the legislative authorities of British Crown dependencies.

Distinct from Orders-in-Council are Orders of Council. Whilst the former are made by the Sovereign on the advice of the Privy Council, the latter are made by members of the Privy Council without the participation of the Sovereign. They are issued under the specific authority of Acts of Parliament, and are normally used to regulate public institutions.

The Sovereign, furthermore, issues Royal Charters on the advice of the Privy Council. Charters grant special status to incorporated bodies; they are used to grant "chartered" status to certain professional or educational bodies, and sometimes also city and borough status to towns. The Privy Council therefore deals with a wide variety of matters, including university statutes, graveyards, coinage, and dates of bank holidays.

The Crown-in-Council also performs certain judicial functions. Within the United Kingdom, the Crown-in-Council hears appeals from ecclesiastical courts, the Court of Admiralty of the Cinque Ports, prize courts and the Disciplinary Committee of the Royal College of Veterinary Surgeons, appeals against schemes of the Church Commissioners and appeals under certain Acts of Parliament (e.g., the House of Commons Disqualification Act 1975). The Crown-in-Council was formerly a supreme court of appeal for the entire British Empire, however a number of Commonwealth countries have now abolished such appeals. The Privy Council does continue to hear appeals from several Commonwealth countries, from British Overseas Territories, Sovereign Base Areas and crown dependencies. The aforementioned cases are theoretically decided by the monarch in Council, but are in practice heard and decided by the Judicial Committee of the Privy Council, which consists of senior judges who are Privy Counsellors. The decision of the Committee is presented in the form of "advice" to the monarch, but in practice it is always followed by the Sovereign, who formally approves the recommendation of the Judicial Committee. The Judicial Committee had direct jurisdiction in cases relating to the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998, but this was transferred to the new Supreme Court of the United Kingdom in 2009.

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