What is the process of Orders in Council?
Discussions are held between the Welsh Assembly Government, Whitehall Departments and the Wales Office to agree a proposed draft Order in Council. The proposed draft Order in Council is then put forward for pre-legislative scrutiny by the Welsh Affairs Select Committee and an Ad-Hoc National Assembly Committee which is established for each Order. The Committees will then report back and the Order may then be amended or kept as it is, depending on the Committee recommendations. The Assembly then votes on the Order. If they vote yes a formal request is sent from the First Minister to the Secretary of State for Wales. The Secretary of State has 60 days either to lay the draft Order before Parliament or gives the First Minister notice of his reasons for refusal. If the Secretary of State decides to lay the draft Order it then goes before both the House of Commons and House of Lords where it can not be amended. This is a straight yes or no vote.
