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Abbreviation | Privy Council (PC) |
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Predecessor |
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Formation | 1 January 1801 |
Legal status | Advisory body |
Membership | Members of the Privy Council |
Charles III (King-in-Council) | |
Lucy Powell | |
Richard Tilbrook | |
Ceri King | |
Staff | Privy Council Office |
Website | privycouncil.gov.uk |
This article is part of a series on |
Politics of the United Kingdom |
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The Privy Council (formally His Majesty's Most Honourable Privy Council) is a formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are current or former members of either the House of Commons or the House of Lords.
The Privy Council formally advises the sovereign on the exercise of the royal prerogative. The King-in-Council issues executive instruments known as Orders in Council. The Privy Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. It advises the sovereign on the issuing of royal charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom.
Certain judicial functions are also performed by the King-in-Council, although in practice its actual work of hearing and deciding upon cases is carried out day-to-day by the Judicial Committee of the Privy Council. The Judicial Committee consists of senior judges appointed as privy counsellors: predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth. The Privy Council formerly acted as the final court of appeal for the entire British Empire (other than for the United Kingdom itself). It continues to hear judicial appeals from some other independent Commonwealth countries, as well as Crown Dependencies and British Overseas Territories.
The Privy Council of the United Kingdom, created on 1 January 1801, was preceded by the Privy Council of Scotland, the Privy Council of England, and the Privy Council of Great Britain (1708–1800). Its continued existence has been described as "more or less a constitutional and historical accident". [2] The key events in the formation of the modern Privy Council are given below:
In Anglo-Saxon England, Witenagemot was an early equivalent to the Privy Council of England. During the reigns of the Norman monarchs, the English Crown was advised by a royal court or curia regis , which consisted of magnates, ecclesiastics and high officials. The body originally concerned itself with advising the sovereign on legislation, administration and justice. [3] Later, different bodies assuming distinct functions evolved from the court. The courts of law took over the business of dispensing justice, while Parliament became the supreme legislature of the kingdom. [4] Nevertheless, the Council retained the power to hear legal disputes, either in the first instance or on appeal. [5] Furthermore, laws made by the sovereign on the advice of the Council, rather than on the advice of Parliament, were accepted as valid. [6] Powerful sovereigns often used the body to circumvent the Courts and Parliament. [6] For example, a committee of the Council—which later became the Court of the Star Chamber—was during the 15th century permitted to inflict any punishment except death, without being bound by normal court procedure. [7] During Henry VIII's reign, the sovereign, on the advice of the Council, was allowed to enact laws by mere proclamation. The legislative pre-eminence of Parliament was not restored until after Henry VIII's death. [8] By 1540 the nineteen-member council had become a new national institution, likely, the creation of Thomas Cromwell without exact definitions of its powers. [9] Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body. [10] In 1553 the Council consisted of forty members÷, [11] whereas Henry VII swore over a hundred servants to his council. [12] Sovereigns relied on a smaller working committee which evolved into the modern Cabinet.
By the end of the English Civil War, the monarchy, House of Lords, and Privy Council had been abolished. The remaining parliamentary chamber, the House of Commons, instituted a Council of State to execute laws and to direct administrative policy. The forty-one members of the Council were elected by the House of Commons; the body was headed by Oliver Cromwell, de facto military dictator of the nation. In 1653, however, Cromwell became Lord Protector, and the Council was reduced to between thirteen and twenty-one members, all elected by the Commons. In 1657, the Commons granted Cromwell even greater powers, some of which were reminiscent of those enjoyed by monarchs. The Council became known as the Protector's Privy Council; its members were appointed by the Lord Protector, subject to Parliament's approval. [13]
In 1659, shortly before the restoration of the monarchy, the Protector's Council was abolished. [13] Charles II restored the Royal Privy Council, but he, like previous Stuart monarchs, chose to rely on a small group of advisers. [14] The formation of the Kingdom of Great Britain in 1707 combined the Privy Councils of England and Scotland, the latter body coming to an end in 1708.
Under George I even more power transferred to a small committee of the Council, which began to meet in the absence of the sovereign, communicating its decisions to him after the fact. Thus, the Privy Council, as a whole, ceased to be a body of important confidential advisers to the Sovereign; the role passed to a committee of the Council, now known as the Cabinet. [15]
With the creation of the United Kingdom on 1 January 1801, a single Privy Council was created for Great Britain and Ireland, although the Irish Privy Council continued to exist until 1922.
The sovereign may make 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 forms of either primary or secondary legislation, depending on the power they are made under. Orders made under prerogative powers, such as the power to grant royal assent to legislation, are a form of primary legislation, while orders made under statutory powers are a form of secondary legislation. [16] [17] [18]
Orders of Council, distinct from Orders in Council, are issued by members of the Privy Council without requiring the approval of the sovereign. Like Orders in Council, they can be made under statutory powers or royal prerogative. [16] Orders of Council are most commonly used for the regulation of public institutions and regulatory bodies. [17]
The sovereign also grants royal charters on the advice of the Privy Council. Charters bestow special status to incorporated bodies; they are used to grant chartered status to certain professional, educational or charitable bodies, and sometimes also city and borough status to towns. [19] The Privy Council therefore deals with a wide range of matters, which also includes university and livery company statutes, [20] churchyards, [21] coinage and the dates of bank holidays. [22] The Privy Council formerly had sole power to grant academic degree-awarding powers and the title of university, [23] but following the Higher Education and Research Act 2017 these powers have been transferred to the Office for Students for educational institutions in England. [24]
Before the Constitutional Reform and Governance Act 2010 the Civil Service was governed by powers of royal prerogative. These powers were usually delegated to ministers by Orders in Council, and were used by Margaret Thatcher to ban GCHQ staff from joining trade unions. [25] [26]
Another, the Civil Service (Amendment) Order in Council 1997, permitted the Prime Minister to grant up to three political advisers management authority over some Civil Servants. [27] [28]
In the 1960s, the Privy Council made an order to evict an estimated 1,200 to 2,000 inhabitants of the 55-island Chagos Archipelago in the Indian Ocean, [29] in preparation for the establishment of a joint United States–United Kingdom military base on the largest island in the archipelago, Diego Garcia. In 2000, the High Court of Justice ruled that the inhabitants had a right to return to the archipelago. [30]
In 2004, the Privy Council, under Jack Straw's tenure, overturned the ruling. In 2006, the High Court of Justice found the Privy Council's decision to be unlawful. Justice Kentridge stated that there was no known precedent "for the lawful use of prerogative powers to remove or exclude an entire population of British subjects from their homes and place of birth", [27] [31] [32] and the Court of Appeal were persuaded by this argument, but in 2007 the Law Lords of the Appellate Committee of the House of Lords found the original decision to be flawed and overturned the ruling by a 3–2 decision, thereby upholding the terms of the Order in Council. [33] As of 2023, negotiations between the Mauritian and UK governments that included the sovereignty of the Chagossians were still ongoing. [30]
The Privy Council has committees: [34]
The Baronetage Committee was established by a 1910 Order in Council, during Edward VII's reign, to scrutinise all succession claims (and thus reject doubtful ones) to be placed on the Roll of Baronets. [34]
The Committee for the Affairs of Jersey and Guernsey recommends approval of Channel Islands legislation. [34]
The Committee for the purposes of the Crown Office Act 1877 consists of the Lord Chancellor and Lord Privy Seal as well as a secretary of state. The Committee, which last met in 1988, is concerned with the design and usage of wafer seals. [34]
The Cabinet of the United Kingdom is the executive committee of the Privy Council and the senior decision-making body of British Government. [35]
The Judicial Committee serves as the final court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries, military sovereign base areas and a few institutions in the United Kingdom. The Judicial Committee also hears very occasional appeals from a number of ancient and ecclesiastical courts. These include the Church Commissioners, the Arches Court of Canterbury, the Chancery Court of York, prize courts, the High Court of Chivalry, and the Court of Admiralty of the Cinque Ports. This committee usually consists of members of the Supreme Court of the United Kingdom and senior judges of the Commonwealth of Nations who are Privy Counsellors.
Within the United Kingdom, the Judicial Committee hears appeals from ecclesiastical courts, the Admiralty Court 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). [36] The Crown-in-Council was formerly the supreme appellate court for the entire British Empire, [37] but a number of Commonwealth countries have now abolished the right to such appeals. [38] The Judicial Committee continues to hear appeals from several Commonwealth countries, from British Overseas Territories, Sovereign Base Areas and Crown Dependencies. [36] 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 UK Supreme Court in 2009. [39]
The Scottish Universities Committee considers proposed amendments to the statutes of Scotland's four ancient universities. [34]
The Universities Committee, which last met in 1995, considers petitions against statutes made by Oxford and Cambridge universities and their colleges. [34]
The Committee for Trade and Foreign Plantations is responsible for foreign trade and used to manage the Crown colonies, but currently has only one member (the President of the Board of Trade).
In addition to the standing committees, ad hoc committees are notionally set up to consider and report on petitions for royal charters of Incorporation and to approve changes to the bye-laws of bodies created by royal charter. [34]
Committees of privy counsellors are occasionally established to examine specific issues. Such committees are independent of the Privy Council Office and therefore do not report directly to the lord president of the council. [34] Examples of such committees include: [34]
Historical, but now defunct committees include:
The Sovereign, when acting on the Council's advice, is known as the King-in-Council or Queen-in-Council , depending on the sex of the reigning monarch. [40] The members of the Council are collectively known as The Lords of His Majesty's Most Honourable Privy Council [41] (sometimes The Lords and others of ...). [42] The chief officer of the body is the Lord President of the Council, who is the fourth-highest Great Officer of State, [43] a Cabinet member and normally, either the Leader of the House of Lords or of the House of Commons. [44] Another important official is the Clerk, whose signature is appended to all orders made in the Council. [45]
Both Privy Counsellor and Privy Councillor may correctly be used to refer to a member of the Council. The former, however, is preferred by the Privy Council Office, [46] emphasising English usage of the term Counsellor as "one who gives counsel", as opposed to "one who is a member of a council". A Privy Counsellor is traditionally said to be "sworn of" the Council after being received by the sovereign. [47]
The sovereign may appoint any person as a Privy Counsellor, [48] but in practice, appointments are made only on the advice of His Majesty's Government. The majority of appointees are senior politicians, including ministers of the Crown, the leader of the main opposition party, the leader of the third-largest party in the House of Commons, the heads of the devolved administrations, and senior politicians from Commonwealth countries. Besides these, the Council includes a small number of members of the Royal Family, some senior British and Commonwealth judges, some senior clergy, and a small number of senior civil servants.
There is no statutory limit to the membership of the Privy Council. [49] Members have no automatic right to attend all Privy Council meetings, and only some are summoned regularly to meetings (in practice at the Prime Minister's discretion).
The Church of England's three senior bishops – the Archbishop of Canterbury, the Archbishop of York [49] and the Bishop of London [50] – become privy counsellors upon appointment. Senior members of the Royal Family may also be appointed, but this is confined to the Monarch's consort, heir apparent, and heir apparent's spouse. [49] The Private Secretary to the Sovereign is always appointed a Privy Counsellor, [51] as are the Lord Chamberlain, the Speaker of the House of Commons, and the Lord Speaker. Justices of the Supreme Court of the United Kingdom, [52] judges of the Court of Appeal of England and Wales, [53] senior judges of the Inner House of the Court of Session (Scotland's highest law court) [54] and the Lord Chief Justice of Northern Ireland [55] also join the Privy Council ex officio.
The balance of Privy Counsellors is largely made up of politicians. The Prime Minister, Cabinet ministers and the Leader of HM Opposition are traditionally sworn into the Privy Council upon appointment. [49] Leaders of major parties in the House of Commons, first ministers of the devolved administrations, [56] some senior ministers outside Cabinet, and on occasion other respected senior parliamentarians are appointed privy counsellors.
Because Privy Counsellors are bound by oath to keep matters discussed at Council meetings secret, the appointment of the leaders of opposition parties as privy counsellors allows the Government to share confidential information with them "on Privy Council terms". [49] This usually only happens in special circumstances, such as in matters of national security. For example, Tony Blair met Iain Duncan Smith (then Leader of HM Opposition) and Charles Kennedy (then Leader of the Liberal Democrats) "on Privy Council terms" to discuss the evidence for Iraq's weapons of mass destruction. [57]
Although the Privy Council is primarily a British institution, officials from some other Commonwealth realms are also appointed. [49] By 2000, the most notable instance was New Zealand, whose prime minister, senior politicians, chief justice and Court of Appeal justices were traditionally appointed privy counsellors. [58] However, appointments of New Zealand members have since been discontinued. The prime minister, the speaker, the governor-general and the chief justice are still accorded the style Right Honourable , but without membership of the Council. [59] Until the late 20th century, the prime ministers and chief justices of Canada and Australia were also appointed privy counsellors. [60] [61] Canada also has its own Privy Council, the King's Privy Council for Canada (see below). Prime ministers of some other Commonwealth countries that retain the King as their sovereign continue to be sworn of the Council. [49]
Meetings of the Privy Council are normally held once each month wherever the Sovereign may be in residence at the time. [22] The quorum, according to the Privy Council Office, is three, [62] though some statutes provide for other quorums (for example, section 35 of the Opticians Act 1989 [63] provides for a lower quorum of two).
The Sovereign attends the meeting, though their place may be taken by two or more Counsellors of State. [64] [65] Under the Regency Acts 1937 to 1953 and the Counsellors of State Act 2022, [66] Counsellors of State may be chosen from among the sovereign's spouse, the four individuals next in the line of succession who are over 21 years of age (18 for the first in line), Prince Edward and Princess Anne. [65] Customarily the sovereign remains standing at meetings of the Privy Council, so that no other members may sit down, [46] thereby keeping meetings short. The Lord President reads out a list of orders to be made, and the sovereign merely says "Approved". [67]
Few Privy Counsellors are required to attend regularly. The settled practice is that day-to-day meetings of the Council are attended by four Privy Counsellors, usually the relevant minister to the matter(s) pertaining. [64] The Cabinet Minister holding the office of Lord President of the Council invariably presides. [68] Under Britain's modern conventions of parliamentary government and constitutional monarchy, every Order-in-Council is drafted by a government department and has already been approved by the minister responsible – thus actions taken by the King-in-Council are formalities required for validation of each measure. [64]
Full meetings of the Privy Council are held only when the reigning Sovereign announces their own engagement (which last happened on 23 November 1839, [69] in the reign of Queen Victoria); or when there is a Demise of the Crown, either by the death or abdication of the Monarch. [57] A full meeting of the Privy Council was also held on 6 February 1811, when the Prince of Wales was sworn in as regent by Act of Parliament. [70] The statutes regulating the establishment of a regency in the case of minority or incapacity of the sovereign also require any regents to swear their oaths before the Privy Council. [71]
In the case of a Demise of the Crown, the Privy Council – together with the Lords Spiritual, the Lords Temporal, the Lord Mayor of the City of London and Court of Aldermen of the City of London as well as representatives of Commonwealth realms – makes a proclamation declaring the accession of the new Sovereign and receives an oath from the new Monarch relating to the security of the Church of Scotland, as required by law. [72] It is also customary for the new Sovereign to make an allocution to the Privy Council on that occasion, and this Sovereign's Speech is formally published in The London Gazette . Any such Special Assembly of the Privy Council, convened to proclaim the accession of a new Sovereign and witness the Monarch's statutory oath, is known as an Accession Council. The last such meeting was held on 10 September 2022 following the death of Elizabeth II and the accession of Charles III. [73]
Membership is conferred for life. Formerly, the death of a monarch ("demise of the Crown") brought an immediate dissolution of the council, as all Crown appointments automatically lapsed. [74] By the 18th century, it was enacted that the council would not be dissolved until up to six months after the demise of the Crown. [lower-alpha 1] By convention, however, the sovereign would reappoint all members of the council after its dissolution. [77] [78] In practice, therefore, membership continued without a break. [49] In 1901, the law was changed to ensure that Crown appointments became wholly unaffected by any succession of monarch. [79]
The sovereign, however, may remove an individual from the Privy Council. Former MP Elliot Morley was expelled on 8 June 2011, following his conviction on charges of false accounting in connection with the British parliamentary expenses scandal. [80] [81] Before this, the last individual to be expelled from the Council was Sir Edgar Speyer, Bt., who was removed on 13 December 1921 [82] [83] for collaborating with the enemy German Empire, during the First World War. [84]
Individuals can choose to resign, sometimes to avoid expulsion. Three members voluntarily left the Privy Council in the 20th century: John Profumo, [84] who resigned on 26 June 1963; [85] [86] John Stonehouse, [84] who resigned on 17 August 1976 [85] [87] and Jonathan Aitken, who resigned on 25 June 1997 [88] following allegations of perjury. [84] [89]
So far, four Privy Counsellors have resigned in the 21st century, three in the same year. On 4 February 2013, Chris Huhne announced that he would voluntarily leave the Privy Council after pleading guilty to perverting the course of justice. [90] Lord Prescott stood down on 6 July 2013, in protest against delays in the introduction of press regulation, expecting others to follow. [91] Denis MacShane resigned on 9 October 2013, before an Old Bailey hearing at which he pleaded guilty of false accounting and was subsequently imprisoned. [92] [93] In April 2022, former Prime Minister of Jamaica P. J. Patterson resigned to make the case for Jamaica to become a republic. [94]
The Privy Council as a whole is termed "The Most Honourable" whilst its members individually, the Privy Counsellors, are entitled to be styled "The Right Honourable". [95] Nonetheless, some nobles automatically have higher styles: non-royal Dukes are styled "His Grace", and Marquesses as "The Most Honourable". Modern custom as recommended by Debrett's is to use the post-nominal letters "PC" in a social style of address for peers who are Privy Counsellors. [96] For commoners, "The Right Honourable" is sufficient identification of their status as a Privy Counsellor and they do not use the post-nominal letters "PC". [58] [96] [97] The Ministry of Justice revises the practice of this convention from time to time. [98]
Each Privy Counsellor has the right of personal access to the sovereign. Peers were considered to enjoy this right individually; members of the House of Commons possess the right collectively. In each case, personal access may only be used to tender advice on public affairs. [99]
Only Privy Counsellors can signify Royal Consent to the examination of a Bill affecting the rights of the Crown. [100]
Privy Counsellors have the right to sit on the steps of the Sovereign's Throne in the Chamber of the House of Lords during debates, a privilege which was shared with heirs apparent of those hereditary peers who were to become members of the House of Lords before Labour's partial Reform of the Lords in 1999, diocesan bishops of the Church of England yet to be Lords Spiritual, retired bishops who formerly sat in the House of Lords, the Dean of Westminster, Peers of Ireland, the Clerk of the Crown in Chancery, and the Gentleman Usher of the Black Rod. [101] While Privy Counsellors have the right to sit on the steps of the Sovereign's Throne they do so only as observers and are not allowed to participate in any of the workings of the House of Lords. Nowadays this privilege is rarely exercised. A notable recent instance of the exercising of this privilege was used by the Prime Minister, Theresa May, and David Lidington, who watched the opening of the debate of the European Union (Notification of Withdrawal) Bill 2017 in the House of Lords. [102]
Privy Counsellors are accorded a formal rank of precedence, if not already having a higher one. [103] At the beginning of each new Parliament, and at the discretion of the Speaker, those members of the House of Commons who are Privy Counsellors usually take the oath of allegiance before all other members except the Speaker and the Father of the House (who is the member of the House who has the longest continuous service). [104] Should a Privy Counsellor rise to speak in the House of Commons at the same time as another Honourable Member, the Speaker usually gives priority to the "Right Honourable" Member. [105] This parliamentary custom, however, was discouraged under New Labour after 1998, despite the government not being supposed to exert influence over the Speaker. [106]
The oath of the king's council (later the Privy Council) was first formulated in the early thirteenth century. This oath went through a series of revisions, but the modern form of the oath was essentially settled in 1571. [107] It was regarded by some members of the Privy Council as criminal, and possibly treasonous, to disclose the oath administered to privy counsellors as they take office. [108] However, the oath was officially made public by the Blair Government in a written parliamentary answer in 1998, as follows. [109] It had also previously been read out in full in the House of Lords during debate by Lord Rankeillour on 21 December 1932, [110] and has been openly printed in full in widely published books during the 19th and 20th centuries. [111]
You do swear by Almighty God to be a true and faithful Servant unto the King's Majesty, as one of His Majesty's Privy Council. You will not know or understand of any manner of thing to be attempted, done, or spoken against His Majesty's Person, Honour, Crown, or Dignity Royal, but you will lett and withstand the same to the uttermost of your Power, and either cause it to be revealed to His Majesty Himself, or to such of His Privy Council as shall advertise His Majesty of the same. You will, in all things to be moved, treated, and debated in Council, faithfully and truly declare your Mind and Opinion, according to your Heart and Conscience; and will keep secret all Matters committed and revealed unto you, or that shall be treated of secretly in Council. And if any of the said Treaties or Counsels shall touch any of the Counsellors, you will not reveal it unto him, but will keep the same until such time as, by the Consent of His Majesty, or of the Council, Publication shall be made thereof. You will to your uttermost bear Faith and Allegiance unto the King's Majesty; and will assist and defend all Jurisdictions, Pre-eminences, and Authorities, granted to His Majesty, and annexed to the Crown by Acts of Parliament, or otherwise, against all Foreign Princes, Persons, Prelates, States, or Potentates. And generally in all things you will do as a faithful and true Servant ought to do to His Majesty. So help you God. [109]
Privy counsellors can choose to affirm their allegiance in similar terms, should they prefer not to take a religious oath. [112] At the induction ceremony, the order of precedence places Anglicans (being those of the established church) before others. [113]
The initiation ceremony for newly appointed privy counsellors is held in private, and typically requires kneeling on a stool before the Sovereign and then kissing hands. [114] [115] According to The Royal Encyclopaedia: "The new Privy Counsellor or Minister will extend his or her right hand, palm upwards, and, taking the Queen's hand lightly, will kiss it with no more than a touch of the lips." [115] The ceremony has caused difficulties for Privy Counsellors who advocate republicanism; Tony Benn said in his diaries that he kissed his own thumb, rather than the Queen's hand, while Jeremy Corbyn reportedly did not kneel. [115] Not all members of the Privy Council go through the initiation ceremony; appointments are frequently made by an Order in Council, although it is "rare for a party leader to use such a course." [116]
The Privy Council is one of the four principal councils of the sovereign. The other three are the courts of law, the Commune Concilium (Common Council, i.e. Parliament) and the Magnum Concilium (Great Council, i.e. the assembly of all the peers of the realm). All are still in existence, or at least have never been formally abolished, but the Magnum Concilium has not been summoned since 1640 and was considered defunct even then. [99] [117]
Several other privy councils have advised the sovereign. England and Scotland once had separate privy councils (the Privy Council of England and Privy Council of Scotland). The Acts of Union 1707 united the two countries into the Kingdom of Great Britain and in 1708 the Parliament of Great Britain abolished the Privy Council of Scotland. [118] [119] Thereafter there was one Privy Council of Great Britain sitting in London. [120] Ireland, on the other hand, continued to have a separate Privy Council even after the Act of Union 1800. The last appointments to the Privy Council of Ireland were made in 1922, when the greater part of Ireland separated from the United Kingdom. It was succeeded by the Privy Council of Northern Ireland, which became dormant after the suspension of the Parliament of Northern Ireland in 1972. [121]
Canada has had its own Privy Council—the King's Privy Council for Canada—since 1867. [122] While the Canadian Privy Council is specifically "for Canada", the Privy Council discussed above is not "for the United Kingdom"; to clarify the ambiguity where necessary, the latter was historically referred to as the Imperial Privy Council. Equivalent organs of state in other Commonwealth realms, such as Australia and New Zealand, are called Executive Councils. [123] [124]
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers regulated by the British Constitution. The term may also refer to the role of the royal family within the UK's broader political structure. The current monarch is King Charles III, who ascended the throne on 8 September 2022 upon the death of Queen Elizabeth II, his mother.
The United Kingdom has three distinctly different legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law, Scots law, Northern Ireland law, and, since 2007, calls for a fourth type, that of purely Welsh law as a result of Welsh devolution, with further calls for a Welsh justice system.
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.
The Lord President of the Council is the presiding officer of the Privy Council of the United Kingdom and the fourth of the Great Officers of State, ranking below the Lord High Treasurer but above the Lord Keeper of the Privy Seal. The Lord President usually attends and is responsible for chairing the meetings of the Privy Council, presenting business for the approval of the Sovereign.
The Right Honourable is an honorific style traditionally applied to certain persons and collective bodies in the United Kingdom, the former British Empire and the Commonwealth of Nations. The term is predominantly used today as a style associated with the holding of certain senior public offices in the United Kingdom, Canada, New Zealand, and, to a lesser extent, Australia.
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to the union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland. There were Lord Chancellors of Ireland until 1922.
In the United Kingdom, the Accession Council is a ceremonial body which assembles in St James's Palace in London upon the death of a monarch to make formal proclamation of the accession of the successor to the throne. Under the terms of the Act of Settlement 1701, a new monarch succeeds automatically. The proclamation confirms by name the identity of the new monarch, expresses loyalty to the "lawful and rightful Liege Lord", and formally announces the new monarch's regnal name, while the monarch and others, in front of the council, sign and seal several documents concerning the accession. An Accession Council has confirmed every English monarch since James I in 1603.
The King's Privy Council for Canada, sometimes called His Majesty's Privy Council for Canada or simply the Privy Council (PC), is the full group of personal consultants to the monarch of Canada on state and constitutional affairs. Practically, the tenets of responsible government require the sovereign or his viceroy, the governor general of Canada, to almost always follow only that advice tendered by the Cabinet: a committee within the Privy Council composed usually of elected members of Parliament. Those summoned to the KPC are appointed for life by the governor general on the advice of the prime minister of Canada, meaning that the group is composed predominantly of former Cabinet ministers, with some others having been inducted as an honorary gesture. Those in the council are accorded the use of an honorific style and post-nominal letters, as well as various signifiers of precedence.
The Canadian Oath of Allegiance is a promise or declaration of fealty to the Canadian monarch—as personification of the Canadian state and its authority, rather than as an individual person—taken, along with other specific oaths of office, by new occupants of various federal and provincial government offices; members of federal, provincial, and municipal police forces; members of the Canadian Armed Forces; and, in some provinces, all lawyers upon admission to the bar. The Oath of Allegiance also makes up the first portion of the Oath of Citizenship, the taking of which is a requirement of obtaining Canadian nationality.
The Regency Acts are Acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning monarch being incapacitated or a minor. Prior to 1937, Regency Acts were passed only when necessary to deal with a specific situation. In 1937, the Regency Act 1937 made general provision for a regent, and established the office of Counsellor of State, a number of whom would act on the monarch's behalf when the monarch was temporarily absent from the realm or experiencing an illness that did not amount to legal incapacity. This Act, as modified by the Regency Acts of 1943 and 1953, forms the main law relating to regency in the United Kingdom today.
The Oath of Allegiance is a promise to be loyal to the British monarch, and their heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868.
Demise of the Crown is the legal term in the United Kingdom and the other Commonwealth realms for the transfer of the Crown upon the death or abdication of the monarch. The Crown transfers automatically to the monarch's heir. The concept evolved in the kingdom of England, and was continued in Great Britain and then the United Kingdom. The concept also became part of the constitutions of the British colonies, and was continued in the constitutions of the Commonwealth realms, until modified within those realms.
The Privy Council of England, also known as HisMajesty's Most Honourable Privy Council, was a body of advisers to the sovereign of the Kingdom of England. Its members were often senior members of the House of Lords and the House of Commons, together with leading churchmen, judges, diplomats and military leaders.
Elizabeth II was proclaimed queen throughout the Commonwealth after her father, King George VI, died in the early hours of 6 February 1952, while Elizabeth was in Kenya. Proclamations were made in different Commonwealth realms on 6, 7, 8, and 11 February. The line of succession was identical in all the Commonwealth realms, but the royal title as proclaimed was not the same in all of them. Accession was followed sixteen months later by the Coronation of Elizabeth II at Westminster Abbey in London on 2 June 1953.
The monarchy of Jamaica is a system of government in which a hereditary monarch is the sovereign and head of state of Jamaica. The current Jamaican monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Jamaican Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Jamaica and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Jamaican state. However, the monarch is the only member of the royal family with any constitutional role.
The responsibility of Privy Counsellor for the Crown Dependencies is currently assigned to the holder of the office of Secretary of State for Justice of the United Kingdom. In this capacity, the Secretary of State is acting as a privy counsellor, and not in their capacity as a minister of the United Kingdom government. The relationship with of the Channel Islands is "technically with the Crown", and not the United Kingdom government, and hence the responsibilities are not part of the Secretary of State for Justice's ministerial portfolio.
The relationship between us and the Crown Dependencies is a subtle one. They are dependencies of the Crown, they are not part of the United Kingdom, so the responsibilities I have for them are as a privy councillor.
The monarchy of Barbados was a system of government in which a hereditary monarch was the sovereign and head of state of Barbados from 1966 to 2021. Barbados shared the sovereign with the other Commonwealth realms, with the country's monarchy being separate and legally distinct. The monarch's operational and ceremonial duties were mostly delegated to her representative, the governor-general of Barbados.
The monarchy of Grenada is a system of government in which a hereditary monarch is the sovereign and head of state of Grenada. The current Grenadian monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Grenadian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Grenada and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Grenada. However, the King is the only member of the royal family with any constitutional role.
In the United Kingdom, the Great Officers of State are traditional ministers of the Crown who either inherit their positions or are appointed to exercise certain largely ceremonial functions or to operate as members of the government. Separate Great Officers exist for England and Wales, Scotland, and formerly for Ireland, though some exist for Great Britain and the United Kingdom as a whole.
Sir Edgar Speyer (struck off 13 Dec 1921)
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: CS1 maint: unfit URL (link)The Queen has accepted Jonathan Aitken's resignation from the Privy Council. [...] Two former disgraced Ministers, John Profumo and John Stonehouse, have also resigned from the Council, but no one has been thrown off since 1921 when Sir Edgar Speyer was struck off for collaborating with the Germans in the First World War.
John Dennis Profumo (resigned 26 Jun 1963) [...] John Thomson Stonehouse (resigned 17 Aug 1976)
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: CS1 maint: unfit URL (link)Jonathan William Patrick Aitken (resigned 25 June 1997)
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: CS1 maint: unfit URL (link)In a social style of address for a peer who is a privy counsellor it is advisable that the letters PC should follow the name. For all other members of the Privy Council the prefix 'Rt Hon' before the name is sufficient identification.
Quoting those words from the Privy Council's oath is certainly an offence and possibly treason.
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: CS1 maint: unfit URL (link)privy council reappointed demise.
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