order in council

• made in the name of the monarch - by and with advice + consent from the privy council

  text is drafted by government

  privy council is made up of the PM and other leading member of government

  allows the government to pass laws without going through government
• constitutional expert - Rodney brazier

  believed 'partly traditional and partly psychological'

  more dignified and impressive for some matters to be made by his majesty in council
• order from the council can be on a wide range of matters:

  1. giving legal effect to European directives
  2. transferring responsibilities between government departments - ministry of justice created - powers of the previous department - department of constitutional affairs - were transferred to MOJ
  3. bringing acts ( parts of act ) into force
  4. passing law in emergencies under the civil contingencies act 2004
• powers were used in emergencies -

  fuel crisis in 2000 - allowed the army to make sure fuel was available for the emergency services - petrol depots were being blockaded
• order in control was used to alter the misuse of drugs act 1971 - change cannabis from a class c drug to a class b

  also used to add nitrous oxide to the misuse of drugs act 1971 as a class c drug

  the misuse of the drug act 1971 (amendment) order 2023