Order in Council - Types, Usage and Terminology

Types, Usage and Terminology

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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