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8.3 8.4
8.2.8
8.2.9
Generally speaking, most Ordinances to which the OAG has assented can be disallowed by The Queen, either on general grounds, or, where a DT has an advanced constitution, on specific grounds. In addition, some legislation in some DTS specifically requires the approval of the Secretary of State. The doctrine and correct procedure in respect of the Royal assent, reservation and non-disallowance of legislation and the Rule of Repugnancy is set out in Annex 11.
The question of disallowing an enactment of a DT is never in practice submitted to The Queen, and very rarely to the Secretary of State or another Minister. Any desk officer dealing with such legislation may take the decision that non-disallowance should be signified, provided that all precautions (as described in this Chapter) have first been taken, including consultation with the Departmental Legal Adviser. When the legislation deals with matters of greater importance, the decision should be made at a higher level. Many matters of importance will have been fully discussed between the OAG and his Legal Advisers, and the FCO and the Secretary of State's Legal Advisers before the legislation reaches the FCO either after the OAG has given his assent or in draft.
8.2.10 The accepted formula for conveying non-disallowance of an enactment is "I have etc to inform you that The Queen's power of disallowance will not be exercised in respect of the . . . . . . . . . Ordinance". Sometimes, in matters of minor importance it may be necessary to ask for some provision of an enactment to be amended or even repealed at a later stage. If so, the observation to that effect is usually made in a separate communication. If that is done, the words "Certain observations relating to this Ordinance are being sent to you in a separate communication") should be added to the formula, (giving the reference if necessary).
8.2.11
After notification of non-disallowance the desk officer returns the file to the Library (E 213) who note the date of non-disallowance, remove the copies of legislation etc, and return the file to the Departmental registry.
8.3
8.3.1
8.3.2
8.4
8.4.1
PARLIAMENTARY BILLS
Instructions for the preparation of Parliamentary Bills can be obtained from the Parliamentary Unit. Geographical Departments dealing with DTs are mainly concerned with Independence Bills.
At the beginning of each year Legal Executive Branch issues a circular requesting particulars of Bills which geographical Departments might require to be passed in the next Parliamentary Session. The replies are collated by Legal Executive Branch and are then submitted to the Cabinet Office to form part of the Parliamentary Legislative Programme. Parliamentary Committees then decide on the degree of priority which can be given to each Bill.
ORDERS IN COUNCIL, PREROGATIVE INSTRUMENTS, ROYAL INSTRUCTIONS, PROCLAMATIONS AND CHARTERS
There are two different types of Orders in Council, the "Statutory Instrument" which is made in exercise of a power conferred by a statute, and the "Prerogative Instrument" which is made by Her Majesty in exercise of the prerogative powers of the Crown (see DSP Volume 36 Chapter 9).
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