Orders in Council As Statutory Instruments
In this second case, an Order in Council is merely another form of Statutory Instrument (in the UK, regulated by the Statutory Instruments Act 1946), albeit subject to more formalities than a simple statutory instrument. This kind of Order in Council tends to be reserved for the most important pieces of subordinate legislation, and its use is likely to become more common. Like all statutory instruments, they may simply be required to be laid before both Houses of Parliament, or, they may be annulled in pursuance of a resolution of either the lower House (House of Commons in the UK and Canada or House of Representatives in the other realms), or the upper House (House of Lords in the UK or Senate in other realms) ('negative resolution procedure'), or require to be approved by a resolution of either House, or, exceptionally, both ('affirmative resolution procedure'). That said, the use of Orders in Council has been extended recently, as the Scotland Act 1998 provides that draft Orders in Council may be laid before the Scottish Parliament in certain circumstances in the same way as they would have been laid before the Westminster Parliament. From 2007, legislation put before the Welsh Assembly will be enacted through Orders in Council after following the affirmative resolution procedure.
An Order in Council of this type usually has the following form: "Her Majesty, in pursuance of, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:"
For most of the period from 1972 to 2007, much Northern Ireland legislation was made by Order-in-Council as part of direct rule. This was done under the various Northern Ireland Acts 1974 to 2000, and not by virtue of the Royal Prerogative.
Under the Government of Wales Act 2006, Royal Assent to Measures of the National Assembly for Wales is given by Order-in-Council, but this is not done by Statutory Instrument but in a form similar to that of a prerogative Order.
Read more about this topic: Order In Council, Types, Usage and Terminology
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