Orders in Council

The Queen and the Privy Council together have the authority to make Orders in Council. There are currently around 650 members of the Privy Council.  It meets on average once a month in the presence of the Queen but only a few (usually 4) current government ministers attend.

Privy Counsellors (members of the Privy Council) consist of

Cabinet members past and present,

the Speaker,

the leaders of the main political parties,

Archbishops,

various senior judges

as well as other senior public figures.

The Privy Council has the power to make laws (Orders in Council) in times of emergency when Parliament is not sitting,

under the Emergency Powers Act 1920 and the Civil Contingencies Act 2004. 

These powers were used during the foot-and-mouth crisis in 2001 when decisions had to be made urgently to try to stop the spread of the disease.  

These emergency powers were also used during the fuel crisis in September 2000 when, on September 11th, the Privy Council and the Queen sanctioned the use of emergency powers to control the distribution of fuel.

Orders in council can be used to transfer law making powers from Ministers of the UK Government to those of devolved assemblies in Scotland and Wales. 

Orders in council can be used to dissolve Parliament before an election.

They are also used to give effect to European Directives under S2(2) of the European Communities Act 1972.