VOLUME 2
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SPECIAL PROCEDURES
9.
MISCELLANEOUS
(1) Appointment of Royal Commissions. As Royal Commissions are appointed to deal with weighty questions of national importance in which there is widespread public interest, their appointment is normally a matter for decision by the Cabinet. For this reason and because it is necessary to obtain The Queen's approval before the appointment can be mentioned in public, early intimation that a Minister is contemplating such a step must be given to the Prime Minister's Private Secretary before any commitment is made, and certainly before the matter reaches the public.
Members of Royal Commissions are appointed by the Sovereign on the advice of the Prime Minister, In consequence, it is for the Prime Minister's Private Secretary to take the lead in the preparatory work in regard to the choice of persons to serve as Members when the terms of reference have been settled by the Cabinet. He will consult the Department concerned and the Treasury, who have information about suitable people for such enquiries.
No person should be sounded as to his willingness to serve either as Chairman or Member of a Royal Commission without prior approval from the Prime Minister's Private Secretary.
The Private Secretary should be consulted immediately if any question arises which is likely to result in a recommendation to the Secretaries of State for the establishment of a Royal Commission.
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(2) Reference to the Palace or Clauses of draft Bills which involve the Crown. From time to time clauses of Bills or draft Bills have to be sent to the Palace for any comments which The Queen may have. This is not a formality in that these clauses frequently have to be referred by the Palace to The Queen's solicitor for legal advice. It is important therefore that The Queen should receive 14 days' notice of clauses of this kind
particularly where the Crown is involved in its personal, as distinct from its official, capacity.
(3) Statutory Instruments
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Foreign Office Procedure. A detailed memorandum describing the several types of Statutory Instruments prepared in the Foreign Office and the procedures for making them is available from the Library as FO Print No. 22834.
The sponsoring department in consultation with its legal adviser should prepare the draft instrument and the submission to the Secretary of State or a Minister. The Treaties Section of the
October 1967
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