POLITICAL
VOLUME 4 PART 1
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9.6
9.5.14
9.5.15
9.5.16
If they do not appear to be intended for the Judicial Committee such petitions should be sent to the Clerk to the Privy Council. If the matter to which a petition relates is not a matter in which a petition lies to Her Majesty in Council, it should be stated that the Secretary of State is advised that the petition does not lie to Her Majesty in Council and that he proposes, if the Lord President of the Council agrees, to cause the petitioner to be so informed and to treat it as though it were a petition to Her Majesty in person. On receipt of a reply from the Clerk to the Privy Council, indicating concurrence in the course proposed, and before steps are taken to reply to the petition, it should be referred to Her Majesty's Private Secretary in accordance with the procedure laid down in para 9.5.4.
Petitions to The Queen: procedure when Counsellors of State are acting on behalf of The Queen
The submission of a petition to the Counsellors of State is in the form used when a petition is submitted to The Queen in person.
When a petition has to be replied to, after reference to the Palace, the following forms of words should be used:
9.5.17
9.5.18
9.6
For petitions sent through the OAG and the Secretary of State
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the petition has been laid before the Counsellors of State, to whom The Queen has delegated her powers in this matter by Letters Patent, but that" (in cases of refusal) "the Secretary of State was unable to advise The Queen that the petition should be granted."
For petitions sent direct to the Palace and referred to the Secretary of State for disposal: "
the Counsellors of State, in the exercise of the powers delegated to them by Her Majesty by Letters Patent, have referred the petition to the Secretary of State who has given it careful consideration but" (in cases of refusal) "regrets that he feels unable to advise The Queen to issue any Commands thereon".
Replies should be signed by the Head of the geographical Department and passed to the petitioner through the OAG.
Petitions to The Queen arising from judgments of Courts
Petitions arising from judgments of Courts of a DT addressed to Her Majesty (not to Her Majesty in Council) should be treated as ordinary petitions to The Queen, and answered "Her Majesty is unable to review the decision of the Court in ...
except upon a petition to Her Majesty in Council presented in accordance with the law and practice regulating such petitions". If, however, the petition is from a convicted criminal praying for the exercise of the Prerogative or Mercy the procedure in Chapter 12 should be followed.
Second or subsequent petitions to The Queen from the same person on the same subject should not be submitted to The Queen unless new facts of importance are disclosed. In such a case the new documents are treated in all respects as a new petition (see para 9.5.4).
PETITIONS TO OTHER MEMBERS OF THE ROYAL FAMILY
There is no right to petition any other member of the Royal Family and any document asking for their intervention in matters relating to a DT should be sent to the OAG, who informs the author of the document of the correct method of petitioning The Queen. See Colonial Regulation 173.
MARCH 1990
9.4
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