Editing Order in Council (section)

===Statutory orders===
In this second case, an Order in Council is made under powers conferred by legislation and is normally subject to parliamentary procedure.<ref>{{cite book|url=https://assets.publishing.service.gov.uk/media/5a79d5d7e5274a18ba50f2b6/cabinet-manual.pdf|title=The Cabinet Manual|page=9|date=October 2021}}</ref> In the UK, if the parent legislation was passed after 1 January 1948, when the [[Statutory Instruments Act 1946]] came into force, such orders in council are a form of [[statutory instrument (UK)|statutory instrument]].<ref>{{cite web|url=https://erskinemay.parliament.uk/section/5617/form-and-character-of-statutory-instruments|website=Erskine May|title=Form and character of statutory instruments|access-date=24 March 2025}}</ref> 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 or, exceptionally, both houses ('affirmative resolution procedure'). That said, the use of Orders in Council has been extended more 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]] is enacted through Orders in Council after following the affirmative resolution procedure.

An Order in Council of this type usually has the following form: "His Majesty, in pursuance of [relevant section of primary legislation], is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:"

Section 20(1) of the [[Civil Contingencies Act 2004]] allows the King in Council to exercise a measure of legislative power in the event of an emergency. 

Other matters dealt with by statutory Orders in Council include the closure of burial grounds under the [[Burial Act 1853]], approval of statutes made by Oxford or Cambridge colleges under the [[Universities of Oxford and Cambridge Act 1923]], and the appointment of HM Inspectors of Education, Children's Services and Skills under the [[Education and Inspections Act 2006]]. Statutory Orders in Council approving statutes made by Durham or Newcastle universities under the [[Universities of Durham and Newcastle-upon-Tyne Act 1963]] are specifically excluded from the provisions of the Statutory Instruments Act 1946.<ref>{{cite web|url=https://www.durham.ac.uk/about-us/governance/governance-documentation/statutes-ordinances-and-regulations/statutes-and-ordinances/#d.en.1608530|title=Statutes, Ordinances and Regulations|at=24. Amendment of Statutes|website=Durham University|access-date=24 March 2025}}</ref><ref>{{cite web|url=https://www.ncl.ac.uk/executive/assets/statutes-of-the-university/#QW1lbmRtZW50JTIwb2YlMjBTdGF0dXRlcw==|title=Statutes of the University of Newcastle upon Tyne|at=Amendment of Statutes|access-date=24 March 2025|website=Newcastle University}}</ref><ref>{{cite web|url=https://www.legislation.gov.uk/ukla/1963/11/enacted|title=Universities of Durham and Newcastle-upon-Tyne Act 1963|website=Legislation.gov.uk|access-date=24 March 2025}}</ref>

Under the [[Government of Wales Act 2006]], royal assent to [[Measures of the National Assembly for Wales]] was given by Order in Council, but this is not done by statutory instrument but in a form similar to that of a prerogative order.<ref name="Ref_b">For example, the [http://www.opsi.gov.uk/legislation/wales/mwa2008/oic/mwaoic_20080001_en.pdf Order approving the NHS Redress (Wales) Measure 2008]</ref> The National Assembly became the [[Senedd]] (Welsh Parliament; {{Langx|cy|Senedd Cymru}}) in 2020, at the same time gaining the competence to pass [[Act of Senedd Cymru|Acts of Senedd Cymru]], assent to which is given by [[letters patent]] without requiring the involvement of the Privy Council.

====Northern Ireland====
{{see also|List of orders in Council for Northern Ireland}}
For most of the period from 1972 to 2007, much [[Northern Ireland]] legislation was made by order in Council as part of [[Direct rule over Northern Ireland|direct rule]]. This was done under the various [[Northern Ireland Act]]s 1974 to 2000, and not by virtue of the royal prerogative.

The use of orders in Council during direct rule is classified as "primary legislation" and not "subordinate legislation" according to section 21 of the [[Human Rights Act 1998]] – subordinate legislation continued to be fulfilled by [[statutory rules of Northern Ireland|statutory rules]].<ref>{{Cite legislation UK |type=act |year=1998 |chapter=42 |act=Human Rights Act 1998 |section=21 |date=1998-11-09 |accessdate=2024-09-11 }}</ref>