Legal Definitions - Privy Council

The Privy Council is a formal advisory body to the British monarch. Historically, it held significant political power, but today its functions are largely ceremonial and administrative. It comprises senior politicians, including all current and former Cabinet ministers, and other distinguished individuals appointed by the sovereign. Members are known as Privy Councillors and take an oath of allegiance.

While the full Council rarely meets, and its direct influence on policy is minimal, it serves as the mechanism through which the monarch formally exercises certain powers, often on the advice of the government of the day.

• Example 1: Formalizing New Legislation

  After a new law has been passed by the UK Parliament, it requires Royal Assent to become official. This assent is often given through an "Order in Council," which is formally approved at a meeting of the Privy Council. For instance, if Parliament passes a bill to regulate a new industry, the Privy Council would meet briefly to formally approve the Order in Council that brings the new law into force, acting as the administrative channel for the monarch's constitutional role.

  This illustrates how the Privy Council acts as the formal mechanism through which the sovereign exercises certain powers, even if the actual decision-making power rests with the elected government. The meeting itself is typically brief and formal, underscoring its ceremonial nature.

• Example 2: Granting Royal Charters

  The Privy Council is responsible for advising the monarch on the granting of Royal Charters, which are used to incorporate and recognize various organizations, such as universities, professional bodies, or charities, giving them a special legal status and prestige. For example, if a new scientific research institution wishes to be recognized with a Royal Charter, its application would be processed and formally approved through the Privy Council, which then advises the monarch to grant the charter.

  This demonstrates the Privy Council's role in formalizing the creation or recognition of certain institutions, acting as the administrative conduit for the monarch's prerogative powers in such matters.

• Example 3: Swearing-in Senior Government Officials

  When a new government is formed, or a Cabinet reshuffle occurs, newly appointed ministers are formally sworn in as Privy Councillors. They take an oath of office and allegiance to the sovereign at a meeting of the Privy Council. For instance, a newly appointed Secretary of State for Health would attend a Privy Council meeting to be formally admitted and take their oath before assuming their full departmental responsibilities.

  This highlights the Privy Council's function in formally inducting senior public figures into their roles, emphasizing the symbolic link between the government and the Crown, even though the actual appointment decisions are made by the Prime Minister.