Editing Privy Council (United Kingdom) (section)

== Membership ==

{{See also|List of current members of the British Privy Council}}

=== Composition ===

[[File:Thomas Rowlandson - The Privy Council of a King - Google Art Project.jpg|300px|thumb|[[Caricature]] by [[Thomas Rowlandson]] titled ''Privy Council of a King'' (1815);  enthroned is [[George IV of the United Kingdom|George IV, then Prince Regent]].]]

The Sovereign, when acting on the Council's advice, is known as the ''[[King-in-Council]]'' or ''[[Queen-in-Council]]'', depending on the sex of the reigning monarch.<ref>{{cite web |url=http://www.assemblywales.org/legislativecompetenceorders.pdf |title=Legislative Competence Orders |work=Constitutional Quick Guides No. 3 |publisher=Welsh Assembly |year=2007 |access-date=12 September 2008 |archive-url=https://web.archive.org/web/20081001162114/http://www.assemblywales.org/legislativecompetenceorders.pdf |archive-date=1 October 2008 |url-status=live }}</ref> The members of the Council are collectively known as ''The Lords of His Majesty's Most Honourable Privy Council''<ref>e.g. {{cite web |url=http://www.opsi.gov.uk/si/si1988/Uksi_19881162_en_1.htm |title=Statutory Instrument 1988 No.&nbsp;1162 |publisher=Office of Public Sector Information |access-date=11 September 2008 |archive-url=https://web.archive.org/web/20080808181939/https://www.opsi.gov.uk/si/si1988/Uksi_19881162_en_1.htm |archive-date=8 August 2008 |url-status=live }}</ref> (sometimes ''The Lords and others of&nbsp;...'').<ref>e.g. {{cite web |url=http://www.opsi.gov.uk/si/si1999/19991379.htm |title=Statutory Instrument 1999 No.&nbsp;1379 |publisher=Office of Public Sector Information |access-date=11 September 2008 |archive-url=https://web.archive.org/web/20080809102633/https://www.opsi.gov.uk/si/si1999/19991379.htm |archive-date=9 August 2008 |url-status=live }}</ref> The chief officer of the body is the [[Lord President of the Council]], who is the fourth-highest [[Great Officer of State]],<ref>H.&nbsp;Cox, p. 388.</ref> a [[Cabinet of the United Kingdom|Cabinet member]] and normally, either the Leader of the House of Lords or of the House of Commons.<ref>{{cite web |url=http://www.privy-council.org.uk/files/pdf/Business%20Plan.pdf |title=Departmental Plan 2004/05 |publisher=Privy Council Office |access-date=11 September 2008 |url-status=dead |archive-url=https://web.archive.org/web/20081001162114/http://www.privy-council.org.uk/files/pdf/Business%20Plan.pdf |archive-date=1 October 2008 }}</ref> Another important official is the [[Clerk of the Privy Council (United Kingdom)|Clerk]], whose signature is appended to all orders made in the Council.<ref>Brazier, p. 199, note 109.</ref>

Both ''Privy Counsellor'' and ''Privy Councillor'' may correctly be used to refer to a member of the Council. The former, however, is preferred by the [[Privy Council Office (United Kingdom)|Privy Council Office]],<ref name="business-faq">{{cite web|title=Privy Council Office FAQs|url=http://privycouncil.independent.gov.uk/work-of-the-privy-council-office/faqs/|publisher=Privy Council Office|access-date=13 January 2012|archive-url=https://web.archive.org/web/20120405035812/http://privycouncil.independent.gov.uk/work-of-the-privy-council-office/faqs/|archive-date=5 April 2012|url-status=live}}</ref> emphasising English usage of the term ''Counsellor'' as "one who gives [[counsel]]", as opposed to "one who is a member of a council". A Privy Counsellor is traditionally said to be "''sworn of''" the Council after being received by the sovereign.<ref>{{London Gazette|issue=56070|date=30 December 2000|page=1 |supp=y}}</ref>

The sovereign may appoint any person as a Privy Counsellor,<ref>Blackstone, I. 174.</ref> but in practice, appointments are made only on the advice of [[His Majesty's Government]]. The majority of appointees are senior politicians, including ministers of the Crown, the leader of [[His Majesty's Most Loyal Opposition (United Kingdom)|the main opposition party]], the leader of the third-largest party in the House of Commons, the heads of the devolved administrations, and senior politicians from Commonwealth countries. Besides these, the Council includes a small number of members of the [[British Royal Family|Royal Family]], some senior British and Commonwealth judges, some senior clergy, and a small number of senior civil servants.

There is no statutory limit to the membership of the Privy Council.<ref name="gay-p3">Gay, p. 3.</ref> Members have no automatic right to attend all Privy Council meetings, and only some are summoned regularly to meetings (in practice at the [[Powers of the prime minister of the United Kingdom|Prime Minister's discretion]]).

The [[Church of England]]'s three senior bishops – the [[Archbishop of Canterbury]], the [[Archbishop of York]]<ref name="gay-p3"/> and the [[Bishop of London]]<ref>{{cite web |url=http://www.london.anglican.org/BishopOfLondon |title=Bishop of London |publisher=Diocese of London |access-date=15 August 2008 |url-status=dead |archive-url=https://web.archive.org/web/20080509125958/http://www.london.anglican.org/BishopOfLondon |archive-date=9 May 2008 }}</ref> – become privy counsellors upon appointment. Senior members of the Royal Family may also be appointed, but this is confined to the Monarch's [[Prince consort|consort]], [[heir apparent]], and heir apparent's spouse.<ref name="gay-p3"/> The [[Private Secretary to the Sovereign]] is always appointed a Privy Counsellor,<ref>{{cite web|url=http://www.royal.gov.uk/output/page5715.asp|title=Mailbox January 2007|work=Royal Insight|publisher=Royal Household|access-date=11 September 2008|archive-url=https://web.archive.org/web/20090127174335/http://www.royal.gov.uk/output/Page5715.asp|archive-date=27 January 2009|url-status=live}}</ref> as are the [[Lord Chamberlain]], the [[Speaker of the House of Commons (United Kingdom)|Speaker of the House of Commons]], and the [[Lord Speaker]]. [[Justice of the Supreme Court of the United Kingdom|Justices]] of the [[Supreme Court of the United Kingdom]],<ref>{{cite news |url=http://www.ft.com/cms/s/0/3c5b14a6-a61d-11de-8c92-00144feabdc0.html |title=Privy Council hampers Supreme Court |date=20 September 2009 |first1=Michael |last1=Peel |first2=Jabe |last2=Croft |newspaper=[[Financial Times]] |access-date=5 October 2009 |archive-url=https://web.archive.org/web/20110219085446/http://www.ft.com/cms/s/0/3c5b14a6-a61d-11de-8c92-00144feabdc0.html |archive-date=19 February 2011 |url-status=live }}</ref> judges of the [[Court of Appeal of England and Wales]],<ref>{{cite web |url=http://www.dca.gov.uk/dept/titles.htm#part4 |archive-url=http://webarchive.nationalarchives.gov.uk/20070306162822/http://www.dca.gov.uk/dept/titles.htm#part4 |url-status=dead |archive-date=6 March 2007 |title=English Judges and the Bar: Court of Appeal and High Court |work=Forms of address |publisher=Ministry of Justice |year=2008 |access-date=15 August 2008}}</ref> senior judges of the [[Court of Session|Inner House of the Court of Session]] (Scotland's highest law court)<ref>{{cite web |url=http://www.dca.gov.uk/dept/titles.htm#part5 |archive-url=http://webarchive.nationalarchives.gov.uk/20070306162822/http://www.dca.gov.uk/dept/titles.htm#part5 |url-status=dead |archive-date=6 March 2007 |title=Scottish Judges and the Bar |work=Forms of address |publisher=Ministry of Justice |year=2008 |access-date=15 August 2008}}</ref> and the [[Lord Chief Justice of Northern Ireland]]<ref>{{cite web |url=http://www.dca.gov.uk/dept/titles.htm#part6 |archive-url=http://webarchive.nationalarchives.gov.uk/20070306162822/http://www.dca.gov.uk/dept/titles.htm#part6 |url-status=dead |archive-date=6 March 2007 |title=Northern Ireland Judges and the Bar |work=Forms of address |publisher=Ministry of Justice |year=2008 |access-date=15 August 2008}}</ref> also join the Privy Council ''ex officio''.

The balance of Privy Counsellors is largely made up of politicians. The Prime Minister, [[Cabinet of the United Kingdom|Cabinet]] [[Minister (government)|ministers]] and the [[Leader of the Opposition (United Kingdom)|Leader of HM Opposition]] are traditionally sworn into the Privy Council upon appointment.<ref name="gay-p3"/> Leaders of major [[political parties in the United Kingdom|parties]] in the House of Commons, [[first minister]]s of the [[Devolution in the United Kingdom|devolved administrations]],<ref>{{cite news |url=http://news.bbc.co.uk/1/hi/uk_politics/848851.stm |title=Morgan made Privy Counsellor |publisher=BBC |date=24 July 2000 |access-date=12 September 2008 |archive-url=https://web.archive.org/web/20070830131047/http://news.bbc.co.uk/1/hi/uk_politics/848851.stm |archive-date=30 August 2007 |url-status=live }}</ref> some senior ministers outside Cabinet, and on occasion other respected senior parliamentarians are appointed privy counsellors.

Because Privy Counsellors are bound by [[oath]] to keep matters discussed at Council meetings secret, the appointment of the leaders of opposition parties as privy counsellors allows the Government to share confidential information with them "on Privy Council terms".<ref name="gay-p3"/> This usually only happens in special circumstances, such as in matters of [[national security]]. For example, [[Tony Blair]] met [[Iain Duncan Smith]] (then Leader of HM Opposition) and [[Charles Kennedy]] (then [[Leader of the Liberal Democrats]]) "on Privy Council terms" to discuss the [[September Dossier|evidence for Iraq's weapons of mass destruction]].<ref name="so-what">{{cite news |url=http://news.bbc.co.uk/1/hi/uk_politics/2589087.stm |title=So what is the Privy Council? |publisher=BBC |date=18 February 2003 |access-date=12 September 2008 |archive-url=https://web.archive.org/web/20080726205801/http://news.bbc.co.uk/1/hi/uk_politics/2589087.stm |archive-date=26 July 2008 |url-status=live }}</ref>

====Members from other Commonwealth realms====

Although the Privy Council is primarily a British institution, officials from some other [[Commonwealth realm]]s are also appointed.<ref name="gay-p3"/> By 2000, the most notable instance was New Zealand, whose [[Prime Minister of New Zealand|prime minister]], senior politicians, [[Chief Justice of New Zealand|chief justice]] and Court of Appeal justices were traditionally appointed privy counsellors.<ref name="nz-pc">{{cite web |url=http://www.dpmc.govt.nz/honours/overview/honourable_privycouncil.html |title=The title 'The Honourable' and the Privy Council |work=New Zealand Honours |publisher=Department of the Prime Minister and Cabinet |access-date=3 August 2008 |archive-url=https://web.archive.org/web/20080703221643/http://www.dpmc.govt.nz/honours/overview/honourable_privycouncil.html <!--Added by H3llBot--> |archive-date=3 July 2008}}</ref> However, appointments of New Zealand members have since been discontinued. The prime minister, the [[Speaker of the New Zealand House of Representatives|speaker]], the [[Governor-General of New Zealand|governor-general]] and the chief justice are still accorded the [[style (manner of address)|style]] ''[[Right Honourable]]'', but without membership of the Council.<ref>{{cite web |url=http://www.dpmc.govt.nz/honours/overview/rthon.html |title=DPMC—New Zealand Honours: The Right Honourable |publisher=New Zealand Department of the Prime Minister and Cabinet |year=2010 |access-date=28 April 2011 |archive-url=https://web.archive.org/web/20110513234624/http://www.dpmc.govt.nz/honours/overview/rthon.html <!--Added by H3llBot--> |archive-date=13 May 2011 }}</ref> Until the late 20th century, the prime ministers and chief justices of Canada and Australia were also appointed privy counsellors.<ref>{{cite web |url=https://sencanada.ca/en/Content/Sen/chamber/362/orderpaper/ord-e |title=Order Paper and Notice Paper, 20&nbsp;October 2000 |publisher=Senate of Canada |year=2000 |access-date=12 September 2008 |archive-url=https://web.archive.org/web/20070925142356/https://sencanada.ca/en/Content/Sen/chamber/362/orderpaper/ord-e |archive-date=25 September 2007 |url-status=live }}</ref><ref>{{cite web |url=http://www.justice.gov.uk/guidance/foa-com-judges.htm |title=Commonwealth Judges |work=Forms of address |publisher=Ministry of Justice |year=2008 |access-date=12 September 2008 |archive-url=https://web.archive.org/web/20080829153353/http://www.justice.gov.uk/guidance/foa-com-judges.htm <!--Added by H3llBot--> |archive-date=29 August 2008}}</ref> Canada also has its own Privy Council, the [[King's Privy Council for Canada]] (''see'' [[#Other councils|below]]). Prime ministers of some other Commonwealth countries that retain the King as their sovereign continue to be sworn of the Council.<ref name="gay-p3"/>

=== Meetings ===

[[File:Victoria Privy Council (Wilke).jpg|thumb|300px|[[Queen Victoria]] convened her first Privy Council on the day of her [[Accession Day|accession]] in 1837.]]

Meetings of the Privy Council are normally held once each month wherever the Sovereign may be in residence at the time.<ref name="royal.gov-pc">{{cite web |url=http://www.royal.gov.uk/output/page4693.asp |title=Queen and Privy Council |work=Monarchy Today |publisher=Royal Household |access-date=3 August 2008 |archive-url=https://web.archive.org/web/20080624083333/http://www.royal.gov.uk/output/page4693.asp |archive-date=24 June 2008 |url-status=live }}</ref> The [[quorum]], according to the Privy Council Office, is three,<ref>{{cite web|url=http://privycouncil.independent.gov.uk/privy-council/orders/|title=Privy Council website|access-date=13 January 2012|archive-url=https://web.archive.org/web/20111221115630/http://privycouncil.independent.gov.uk/privy-council/orders/|archive-date=21 December 2011|url-status=live}}</ref> though some statutes provide for other quorums (for example, section 35 of the [[General Optical Council|Opticians Act 1989]]<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/1989/44/section/35|title=Section 35, Opticians Act 1989|publisher=Government of the United Kingdom|access-date=13 January 2012|archive-url=https://web.archive.org/web/20120507025957/http://www.legislation.gov.uk/ukpga/1989/44/section/35|archive-date=7 May 2012|url-status=live}}</ref> provides for a lower quorum of two).

The Sovereign attends the meeting, though their place may be taken by two or more [[Counsellors of State]].<ref name="gay-p4">Gay and Rees, p. 4.</ref><ref name="counsellors-of-state">{{cite web|url=http://www.royal.gov.uk/output/page4694.asp|title=Counsellors of State|work=Monarchy Today|publisher=Royal Household|access-date=3 August 2008|archive-url=https://web.archive.org/web/20080919173624/http://www.royal.gov.uk/output/Page4694.asp|archive-date=19 September 2008|url-status=live}}</ref> Under the Regency Acts 1937 to 1953 and the Counsellors of State Act 2022,<ref>{{London Gazette|issue=48172|date=29 April 1980|page=6361}}</ref> Counsellors of State may be chosen from among the sovereign's spouse, the four individuals next in the [[Succession to the British throne|line of succession]] who are over 21 years of age (18 for the first in line), [[Prince Edward, Duke of Edinburgh|Prince Edward]] and [[Princess Anne]].<ref name="counsellors-of-state" /> Customarily the sovereign remains standing at meetings of the Privy Council, so that no other members may sit down,<ref name="business-faq" /> thereby keeping meetings short. The [[Lord President of the Council|Lord President]] reads out a list of orders to be made, and the sovereign merely says "Approved".<ref>Brazier, p. 199.</ref>

Few Privy Counsellors are required to attend regularly. The settled practice is that day-to-day meetings of the Council are attended by four Privy Counsellors, usually the relevant minister to the matter(s) pertaining.<ref name="gay-p4" /> The Cabinet Minister holding the office of [[Lord President of the Council]] invariably presides.<ref>{{cite web |url=http://privycouncil.independent.gov.uk/lord-president/the-role-and-responsibilities/ |title=Roles and Responsibilities of the Lord President |publisher=Privy Council Office |access-date=13 January 2012 |archive-url=https://web.archive.org/web/20120405035758/http://privycouncil.independent.gov.uk/lord-president/the-role-and-responsibilities/ |archive-date=5 April 2012 |url-status=dead }}</ref> Under Britain's modern conventions of [[parliamentary government]] and [[constitutional monarchy]], every Order-in-Council is drafted by a [[Civil Service (United Kingdom)|government department]] and has already been approved by the minister responsible – thus actions taken by the [[King-in-Council]] are formalities required for validation of each measure.<ref name="gay-p4" />

Full meetings of the Privy Council are held only when the reigning Sovereign announces their own engagement (which last happened on 23 November 1839,<ref>''The Times'', 25 November 1839, p. 5.</ref> in the reign of [[Queen Victoria]]); or when there is a [[Demise of the Crown]], either by the death or abdication of the Monarch.<ref name="so-what" /> A full meeting of the Privy Council was also held on 6 February 1811, when the [[George IV of the United Kingdom|Prince of Wales]] was sworn in as [[regent]] by [[Regency Acts|Act of Parliament]].<ref>{{cite news|url=http://www.london-gazette.co.uk/issues/16450/pages/221|title=Gazette of 7 February 1811|newspaper=The London Gazette|access-date=13 January 2012|archive-url=https://web.archive.org/web/20120507025955/http://www.london-gazette.co.uk/issues/16450/pages/221|archive-date=7 May 2012|url-status=live}}</ref> The [[Regency Acts|statutes regulating the establishment of a regency]] in the case of minority or incapacity of the sovereign also require any regents to swear their oaths before the Privy Council.<ref>Regency Act 1937, Sect. 2.2 and 4.1.</ref>

In the case of a [[Demise of the Crown]], the Privy Council – together with the [[Lords Spiritual]], the [[Lords Temporal]], the [[Lord Mayor of the City of London]] and [[Court of Aldermen]] of the [[City of London]] as well as representatives of [[Commonwealth realm]]s – makes a proclamation declaring the accession of the new Sovereign and receives an oath from the new Monarch relating to the security of the [[Church of Scotland]], as required by law.<ref>Accession Council (Part 2) - BBC News - 2022-09-10 10:20 BST</ref> It is also customary for the new Sovereign to make an [[allocution]] to the Privy Council on that occasion, and this Sovereign's Speech is formally published in ''The [[London Gazette]]''. Any such Special Assembly of the Privy Council, convened to proclaim the accession of a new Sovereign and witness the Monarch's statutory oath, is known as an [[Accession Council]]. The last such meeting was held on 10 September 2022 following the death of [[Elizabeth II]] and the accession of [[Charles III]].<ref>{{cite web |title=Charles III proclaimed King as he vows to follow Queen's 'inspiring example' |url=https://news.sky.com/story/king-charles-iii-vows-to-follow-queens-inspiring-example-as-he-takes-oath-at-accession-ceremony-12694037 |website=sky.com |publisher=Sky News |access-date=10 September 2022}}</ref>

=== Term of office ===

Membership is conferred for life. Formerly, the death of a monarch ("[[demise of the Crown]]") brought an immediate dissolution of the council, as all [[Royal prerogative in the United Kingdom|Crown appointment]]s automatically lapsed.<ref>Blackstone, I. 176.</ref> By the 18th century, it was enacted that the council would not be dissolved until up to six months after the demise of the Crown.{{efn|The most recent enactment deferring dissolution was the [[Succession to the Crown Act 1707]] ([[6 Ann. (GB)|6 Ann.]] c. 41).<ref>{{Cite book |last=Browning |first=Andrew |url=https://books.google.com/books?id=OCOinB8v94sC&q=6%2520annae%252C%2520cap%252041&pg=PA126 |title=English Historical Documents, 1660–1714 |date=1996 |publisher=Psychology Press |isbn=978-0-415-14371-4 |language=en}}</ref><ref>{{UK-LEG|title=Succession to the Crown Act 1707|path=apgb/Ann/6/41/contents}}</ref> Section VIII provided, "... the Privy Council of Her Majesty, her heirs or successors for the Kingdom of Great Britain, shall not be determined or dissolved by the death or demise of Her Majesty, her heirs or successors; but such Privy Council shall continue and act as such by the space of six months next after such demise, unless sooner determined by the next successor to whom the imperial Crown of this realm is limited and appointed to go, remain, and descend; ..." Despite becoming obsolete in 1901, this section remained on the statute book until it was repealed by the Statute Law (Repeals) Act 1973 (c. 39), section 1(1) and Schedule 1 part I.}} By convention, however, the sovereign would reappoint all members of the council after its dissolution.<ref>H.&nbsp;Cox, p. 389.</ref><ref>See, for example, the proclamation following the accession of [[Queen Victoria]] on the death of [[William IV]]: {{cite journal |date=27 June 1837 |title=By the Queen: A Proclamation: Requiring all Persons, being in Office of Authority or Government at the Decease of the late King, to proceed in the Execution of their respective Offices |url=http://www.london-gazette.co.uk/issues/19514/pages/1625 |url-status=live |journal=The London Gazette |location=London |publisher=Francis Watts |issue=19514 |pages=1625–1626 |archive-url=https://web.archive.org/web/20110903010919/http://www.london-gazette.co.uk/issues/19514/pages/1625 |archive-date=3 September 2011 |access-date=7 June 2010}}</ref> In practice, therefore, membership continued without a break.<ref name="gay-p3" /> In 1901, the [[Law of the United Kingdom|law]] was changed to ensure that Crown appointments became wholly unaffected by any succession of monarch.<ref>The Demise of the Crown Act 1901 (1 [[Edw. 7]] c. 5), [http://www.opsi.gov.uk/acts/acts1901/pdf/ukpga_19010005_en.pdf "An Act to amend the Law relating to the Holding of Offices in case of the Demise of the Crown"] {{Webarchive|url=https://web.archive.org/web/20091208081010/http://www.opsi.gov.uk/acts/acts1901/pdf/ukpga_19010005_en.pdf|date=8 December 2009}} (original text), {{UK-LEG|title=Demise of the Crown Act 1901}}. Section 1(1) provides, "The holding of any office under the Crown, whether within or without His Majesty's dominions, shall not be affected, nor shall any fresh appointment thereto be rendered necessary, by the demise of the Crown." The act came into force within six months of the death of Victoria and section 1(2) ensured that no offices were vacated on the subsequent accession of Edward VII. See also commentary in Appendix 2 of the report that preceded the 1973 Act: {{cite book |author=[[Law Commission (England and Wales)|Law Commission]], [[Scottish Law Commission]] |url=http://www.scotlawcom.gov.uk/download_file/view/284/ |title=Statute Law Revision: Fourth Report |publisher=[[Her Majesty's Stationery Office]] |year=1972 |isbn=0-10-151080-2 |location=London |pages=30–55 |access-date=7 June 2010}} (LC 49, SLC 26, Cmnd 5108).</ref>

The sovereign, however, may remove an individual from the Privy Council. Former MP [[Elliot Morley]] was expelled on 8 June 2011, following his [[conviction]] on charges of false accounting in connection with the [[British parliamentary expenses scandal]].<ref>{{cite news |date=9 June 2011 |title=Morley's Privy Council expulsion |work=The Independent |url=https://www.independent.co.uk/news/uk/politics/morleys-privy-council-expulsion-is-first-for-90-years-2294867.html}}</ref><ref name="Morley">{{London Gazette
| issue = 59820
| date = 14 June 2011
| page = 11257
}}</ref> Before this, the last individual to be expelled from the Council was [[Edgar Speyer|Sir Edgar Speyer, <small>Bt.</small>]], who was removed on 13 December 1921<ref name="resignb">{{cite web |author=Rayment, Leigh |date=1 April 2008 |title=Privy Counsellors 1836–1914 |url=http://www.leighrayment.com/pcouncil/pcouncil2.htm |url-status=usurped |archive-url=https://web.archive.org/web/20080926113737/http://www.leighrayment.com/pcouncil/pcouncil2.htm |archive-date=26 September 2008 |access-date=17 September 2008 |quote=Sir Edgar Speyer (struck off 13 Dec 1921)}}</ref><ref name="Speyer">{{London Gazette
| issue = 32547
| date = 12 December 1921
| page = 10123
}}</ref> for collaborating with the enemy [[German Empire]], during the [[First World War]].<ref name="beeb">{{cite web |year=1997 |title=Queen Accepts Aitken's Resignation |url=http://www.bbc.co.uk/politics97/news/06/0626/aitken.shtml |url-status=live |archive-url=https://web.archive.org/web/20041124045548/http://www.bbc.co.uk/politics97/news/06/0626/aitken.shtml |archive-date=24 November 2004 |access-date=12 February 2008 |publisher=BBC |quote=The Queen has accepted Jonathan Aitken's resignation from the Privy Council. [...] Two former disgraced Ministers, John Profumo and John Stonehouse, have also resigned from the Council, but no one has been thrown off since 1921 when Sir Edgar Speyer was struck off for collaborating with the Germans in the First World War.}}</ref>

Individuals can choose to resign, sometimes to avoid expulsion. Three members voluntarily left the Privy Council in the 20th century: [[John Profumo]],<ref name="beeb" /> who resigned on 26 June 1963;<ref name="resigna">{{cite web |author=Rayment, Leigh |date=2 April 2008 |title=Privy Counsellors 1915–1968 |url=http://www.leighrayment.com/pcouncil/pcouncil3.htm |url-status=usurped |archive-url=https://web.archive.org/web/20080926113742/http://www.leighrayment.com/pcouncil/pcouncil3.htm |archive-date=26 September 2008 |access-date=17 September 2008 |quote=John Dennis Profumo (resigned 26 Jun 1963) [...] John Thomson Stonehouse (resigned 17 Aug 1976)}}</ref><ref name="Profumo">{{London Gazette
| issue = 43041
| date = 28 June 1963
| page = 5533
}}</ref> [[John Stonehouse]],<ref name="beeb" /> who resigned on 17 August 1976<ref name="resigna" /><ref name="Stonehouse">{{London Gazette
| issue = 46994
| date = 19 August 1976
| page = 11347
}}</ref> and [[Jonathan Aitken]], who resigned on 25 June 1997<ref name="resign">{{cite web |author=Rayment, Leigh |date=10 September 2008 |title=Privy Counsellors 1969–present |url=http://www.leighrayment.com/pcouncil/pcouncil4.htm |url-status=usurped |archive-url=https://web.archive.org/web/20080607022558/http://leighrayment.com/pcouncil/pcouncil4.htm |archive-date=7 June 2008 |access-date=17 September 2008 |quote=Jonathan William Patrick Aitken (resigned 25 June 1997)}}</ref> following allegations of [[perjury]].<ref name="beeb" /><ref name="Aitken">{{London Gazette
| issue = 54817
| date = 26 July 1997
| page = 4381
|url-status=live |archive-url=https://web.archive.org/web/20230927031632/https://www.thegazette.co.uk/London/issue/54817/page/4381 |archive-date= 27 September 2023
}}</ref>

So far, four Privy Counsellors have resigned in the 21st century, three in the same year. On 4 February 2013, [[Chris Huhne]] announced that he would voluntarily leave the Privy Council after pleading guilty to [[perverting the course of justice]].<ref>{{cite news |date=4 February 2013 |title=Chris Huhne admits perverting the course of justice |work=BBC News |url=https://www.bbc.com/news/uk-21320992 |url-status=live |access-date=29 April 2019 |archive-url=https://web.archive.org/web/20190427171537/https://www.bbc.com/news/uk-21320992 |archive-date=27 April 2019 }}</ref> [[Lord Prescott]] stood down on 6 July 2013, in protest against delays in the introduction of press regulation, expecting others to follow.<ref>{{cite news |date=6 July 2013 |title=John Prescott quits Privy Council in press regulation protest |work=BBC News |url=https://www.bbc.com/news/uk-23213741 |url-status=live |access-date=29 April 2019 |archive-url=https://web.archive.org/web/20190409120000/https://www.bbc.com/news/uk-23213741 |archive-date=9 April 2019 }}</ref> [[Denis MacShane]] resigned on 9 October 2013, before an [[Old Bailey]] hearing at which he pleaded guilty of false accounting and was subsequently imprisoned.<ref>{{cite journal |journal=London Gazette |issue=60653 |title=Privy Council Office |date=10 October 2013 |url=https://www.thegazette.co.uk/notice/L-60653-1918210 |access-date=4 May 2022}}</ref><ref name="bbc-20131118">{{cite news |date=18 November 2013 |title=Ex-MP Denis MacShane pleads guilty over expenses |publisher=BBC |url=https://www.bbc.co.uk/news/uk-politics-24989402 |access-date=18 November 2013}}</ref> In April 2022, former [[Prime Minister of Jamaica]] [[P. J. Patterson]] resigned to make the case for [[Republicanism in Jamaica|Jamaica to become a republic]].<ref>{{Cite web |title=Patterson resigns as Privy Council member |url=http://radiojamaicanewsonline.com/local/patterson-resigns-as-privy-council-member |website=Radio Jamaica News}}</ref>

=== Rights and privileges ===

The Privy Council as a whole is termed "[[The Most Honourable]]" whilst its members individually, the Privy Counsellors, are entitled to be [[Style (manner of address)|styled]] "[[The Right Honourable]]".<ref>{{cite web |title=Privy Council members |url=http://privycouncil.independent.gov.uk/privy-council/privy-council-members/ |url-status=live |archive-url=https://web.archive.org/web/20141206223159/http://privycouncil.independent.gov.uk/privy-council/privy-council-members/ |archive-date=6 December 2014 |access-date=15 June 2015 |website=Privy Council Office}}</ref> Nonetheless, some nobles automatically have higher styles: [[Duke|non-royal Dukes]] are styled "His Grace" and "The Most Noble", and Marquesses as "[[The Most Honourable]]". Modern custom as recommended by ''[[Debrett's]]'' is to use the post-nominal letters "PC" in a social style of address for [[peerage|peers]] who are Privy Counsellors.<ref name="DebrettPC">{{cite web |title=Privy Counsellors and Crown Appointments |url=http://www.debretts.com/forms-address/hierarchies/letters-after-name/privy-counsellors-and-crown-appointments |url-status=dead |archive-url=https://web.archive.org/web/20160528100708/http://www.debretts.com/forms-address/hierarchies/letters-after-name/privy-counsellors-and-crown-appointments |archive-date=28 May 2016 |access-date=15 June 2015 |website=Debrett's |df=dmy-all}}</ref> For [[commoner]]s, "The Right Honourable" is sufficient identification of their status as a Privy Counsellor and they do not use the post-nominal letters "PC".<ref name="nz-pc" /><ref name="DebrettPC" /><ref>{{cite news |title=Letters after the name |url=https://www.debretts.com/expertise/forms-of-address/letters-after-the-name/ |url-status=live |archive-url=https://web.archive.org/web/20171010110603/https://www.debretts.com/expertise/forms-of-address/letters-after-the-name/ |archive-date=10 October 2017 |access-date=13 September 2017 |website=Debrett's |quote=In a social style of address for a peer who is a privy counsellor it is advisable that the letters PC should follow the name. For all other members of the Privy Council the prefix ‘Rt Hon’ before the name is sufficient identification.}}</ref> The [[Ministry of Justice]] revises the practice of this convention from time to time.<ref>{{cite web |year=2008 |title=Peers |url=http://www.justice.gov.uk/guidance/foa-peers.htm |archive-url=https://web.archive.org/web/20080827182243/http://www.justice.gov.uk/guidance/foa-peers.htm <!--Added by H3llBot--> |archive-date=27 August 2008 |access-date=11 September 2008 |work=Forms of address |publisher=Ministry of Justice}}</ref>

Each Privy Counsellor has the right of personal access to the sovereign. Peers were considered to enjoy this right individually; members of the House of Commons possess the right collectively. In each case, personal access may only be used to tender advice on [[public policy|public affairs]].<ref name="cox-25">N.&nbsp;Cox, ''Peerage Privileges'', pp. 25–6.</ref>

Only Privy Counsellors can signify Royal Consent to the examination of a [[Bill (law)|Bill]] affecting the rights of the Crown.<ref>Hayter, Sect.&nbsp;7.177.</ref>

Privy Counsellors have the right to sit on the steps of the Sovereign's Throne in the Chamber of the House of Lords during debates, a privilege which was shared with [[heirs apparent]] of those [[hereditary peer]]s who were to become members of the [[House of Lords]] before Labour's partial [[House of Lords Act 1999|Reform of the Lords]] in 1999, diocesan bishops of the [[Church of England]] yet to be [[Lords Spiritual]], retired  bishops who formerly sat in the House of Lords, the [[Dean of Westminster]], [[Peerage of Ireland|Peers of Ireland]], the [[Clerk of the Crown in Chancery]], and the [[Gentleman Usher of the Black Rod]].<ref>Hayter, Sect.&nbsp;1.37.</ref> While Privy Counsellors have the right to sit on the steps of the Sovereign's Throne they do so only as observers and are not allowed to participate in any of the workings of the House of Lords. Nowadays this privilege is rarely exercised. A notable recent instance of the exercising of this privilege was used by the Prime Minister, [[Theresa May]], and [[David Lidington]], who watched the opening of the debate of the [[European Union (Notification of Withdrawal) Bill 2017]] in the House of Lords.<ref>{{cite web |date=20 February 2017 |title=Respect Brexit decision, peers urged |url=https://www.bbc.co.uk/news/uk-politics-39020260 |url-status=live |archive-url=https://web.archive.org/web/20170220041140/http://www.bbc.co.uk/news/uk-politics-39020260 |archive-date=20 February 2017 |access-date=20 February 2017 |publisher=BBC}}</ref>

Privy Counsellors are accorded a formal rank of [[order of precedence in England and Wales|precedence]], if not already having a higher one.<ref>Blackstone, I. 318.</ref> At the beginning of each new Parliament, and at the discretion of the [[Speaker of the House of Commons (United Kingdom)|Speaker]], those members of the House of Commons who are Privy Counsellors usually take the oath of allegiance before all other members except the Speaker and the [[Father of the House (United Kingdom)|Father of the House]] (who is the member of the House who has the longest continuous service).<ref>{{cite web |author1=Walker, A |author2=Wood, E |date=14 February 2000 |title=The Parliamentary Oath |url=http://www.parliament.uk/commons/lib/research/rp2000/rp00-017.pdf |url-status=dead |archive-url=https://web.archive.org/web/20000824155716/http://www.parliament.uk/commons/lib/research/rp2000/rp00-017.pdf |archive-date=24 August 2000 |access-date=8 September 2008 |work=Research Paper 00/17 |publisher=House of Commons Library}}</ref> Should a Privy Counsellor rise to speak in the House of Commons at the same time as another [[Member of Parliament (United Kingdom)|Honourable Member]], the Speaker usually gives priority to the "Right Honourable" Member.<ref>{{cite news |date=19 May 1998 |title=Privy Council |publisher=BBC |url=http://news.bbc.co.uk/1/hi/uk_politics/a-z_of_parliament/p-q/82534.stm |url-status=live |access-date=29 August 2008 |archive-url=https://web.archive.org/web/20040706045336/http://news.bbc.co.uk/1/hi/uk_politics/a-z_of_parliament/p-q/82534.stm |archive-date=6 July 2004}}</ref> This parliamentary custom, however, was discouraged under [[New Labour]] after 1998, despite the government not being supposed to exert influence over the Speaker.<ref>{{cite web |date=4 March 1998 |title=Modernisation of the House of CommonsFourth Report: Precedence for Privy Counsellors |url=https://publications.parliament.uk/pa/cm199798/cmselect/cmmodern/600iv/md0404.htm |url-status=dead |archive-url=https://web.archive.org/web/20090305050954/http://www.publications.parliament.uk/pa/cm199798/cmselect/cmmodern/600iv/md0404.htm |archive-date=5 March 2009 |access-date=8 September 2008 |publisher=Modernisation of the House of Commons Select Committee}}</ref>

=== Oath and initiation rite ===

[[File:Viviana examined by the Earl of Salisbury, and the Privy Council in the Star Chamber.png|250px|thumb|Viviana Radcliffe examined by the Earl of Salisbury and the Privy Council in the [[Star Chamber]]. Illustration by [[George Cruikshank]] from [[William Harrison Ainsworth]]'s novel ''[[Guy Fawkes (novel)|Guy Fawkes]]''.]]

The oath of the king's council (later the Privy Council) was first formulated in the early thirteenth century. This oath went through a series of revisions, but the modern form of the oath was essentially settled in 1571.<ref>{{cite web |title=Jonathan McGovern, 'The Development of the Privy Council Oath in Tudor England', ''Historical Research'' 93, no. 260 (2020), 273–285 |journal=Historical Research |date=4 June 2020 |volume=93 |issue=260 |pages=273–285 |doi=10.1093/hisres/htaa003 |url=https://academic.oup.com/histres/article/93/260/273/5851355 |last1=McGovern |first1=Jonathan }}</ref> It was regarded by some members of the Privy Council as criminal, and possibly [[treason]]ous, to disclose the [[oath]] administered to privy counsellors as they take office.<ref>{{cite news |last=Hattersley |first=Roy |date=14 December 2000 |title=Let's abolish this absurdity |work=[[The Guardian]] |publisher=[[Guardian News and Media]] |url=https://www.theguardian.com/uk/2000/dec/14/monarchy.comment |url-status=live |access-date=24 April 2010 |archive-url=https://web.archive.org/web/20131002215820/http://www.theguardian.com/uk/2000/dec/14/monarchy.comment |archive-date=2 October 2013 |quote=Quoting those words from the Privy Council's oath is certainly an offence and possibly treason. |authorlink=Roy Hattersley}}</ref> However, the oath was officially made public by the [[First Blair ministry|Blair Government]] in a written parliamentary answer in 1998, as follows.<ref name="pcoath">{{cite web |date=28 July 1998 |title=HC Hansard Vol 317 Col 182 |url=https://publications.parliament.uk/pa/cm199798/cmhansrd/vo980728/text/80728w22.htm#80728w22.html_sbhd8 |url-status=live |archive-url=https://web.archive.org/web/20101015101303/http://www.publications.parliament.uk/pa/cm199798/cmhansrd/vo980728/text/80728w22.htm#80728w22.html_sbhd8 |archive-date=15 October 2010 |access-date=31 August 2010 |work=[[Hansard]] |publisher=[[Parliament of the United Kingdom]] |location=London}}</ref> It had also previously been read out in full in the House of Lords during debate by [[James Hope, 1st Baron Rankeillour|Lord Rankeillour]] on 21 December 1932,<ref>{{cite web |date=21 December 1932 |title=HL Deb Vol 86 cc520-35 |url=https://api.parliament.uk/historic-hansard/lords/1932/dec/21/cabinet-secrecy#S5LV0086P0_19321221_HOL_69 |url-status=live |archive-url=https://web.archive.org/web/20151222183422/http://hansard.millbanksystems.com/lords/1932/dec/21/cabinet-secrecy#S5LV0086P0_19321221_HOL_69 |archive-date=22 December 2015 |access-date=17 December 2015 |work=[[Hansard|Parliamentary Debates (Hansard)]] |location=London}}</ref> and has been openly printed in full in widely published books during the 19th and 20th centuries.<ref>{{cite book |last=Low |first=Sidney |url={{GBurl|5NsrAQAAIAAJ}} |title=The Governance of England |date=1904 |publisher=[[G.P. Putnam's Sons]] |page=31 |author-link=Sidney Low}}</ref>

{{blockquote|You do swear by Almighty God to be a true and faithful Servant unto the King's Majesty, as one of His Majesty's Privy Council. You will not know or understand of any manner of thing to be attempted, done, or spoken against His Majesty's Person, Honour, Crown, or Dignity Royal, but you will lett and withstand the same to the uttermost of your Power, and either cause it to be revealed to His Majesty Himself, or to such of His Privy Council as shall advertise His Majesty of the same. You will, in all things to be moved, treated, and debated in Council, faithfully and truly declare your Mind and Opinion, according to your Heart and Conscience; and will keep secret all Matters committed and revealed unto you, or that shall be treated of secretly in Council. And if any of the said Treaties or Counsels shall touch any of the Counsellors, you will not reveal it unto him, but will keep the same until such time as, by the Consent of His Majesty, or of the Council, Publication shall be made thereof. You will to your uttermost bear Faith and Allegiance unto the King's Majesty; and will assist and defend all Jurisdictions, Pre-eminences, and Authorities, granted to His Majesty, and annexed to the Crown by Acts of Parliament, or otherwise, against all Foreign Princes, Persons, Prelates, States, or Potentates. And generally in all things you will do as a faithful and true Servant ought to do to His Majesty. So help you God.<ref name="pcoath" />}}

Privy counsellors can choose to [[Affirmation in law|affirm]] their allegiance in similar terms, should they prefer not to take a religious oath.<ref>{{cite web |title=Privy Counsellors – Glossary page |url=https://www.parliament.uk/site-information/glossary/privy-council/ |url-status=live |archive-url=https://web.archive.org/web/20190816034005/https://www.parliament.uk/site-information/glossary/privy-council/ |archive-date=16 August 2019 |access-date=29 April 2019 |website=UK Parliament}}</ref> At the induction ceremony, the order of precedence places [[Anglicans]] (being those of the [[established church]]) before others.<ref name="bbc-20150918">{{cite news |last=Cook |first=Chris |date=18 September 2015 |title=How civil servants kept the Privy Council's secrets |work=BBC News |url=https://www.bbc.co.uk/news/uk-politics-34281691 |url-status=live |access-date=18 September 2015 |archive-url=https://web.archive.org/web/20150919004607/http://www.bbc.co.uk/news/uk-politics-34281691 |archive-date=19 September 2015}}</ref>

The initiation ceremony for newly appointed privy counsellors is held in private, and typically requires kneeling on a stool before the Sovereign and then [[kissing hands]].<ref>{{cite news |date=8 October 2015 |title=Privy Council: Guide to its origins, powers and members |work=BBC News |url=https://www.bbc.com/news/uk-politics-34458190 |url-status=live |archiveurl=https://web.archive.org/web/20180402023330/http://www.bbc.com/news/uk-politics-34458190 |archivedate=2 April 2018}}</ref><ref name="Rite">{{cite news |last=Mason |first=Rowena |date=11 November 2015 |title=Privy council: Jeremy Corbyn did not kneel for the Queen |work=The Guardian |url=https://www.theguardian.com/politics/2015/nov/11/jeremy-corbyn-did-not-kneel-for-the-queen |url-status=live |archiveurl=https://web.archive.org/web/20160823094825/http://www.theguardian.com/politics/2015/nov/11/jeremy-corbyn-did-not-kneel-for-the-queen |archivedate=23 August 2016}}</ref> According to ''The Royal Encyclopaedia'': "The new Privy Counsellor or Minister will extend his or her right hand, palm upwards, and, taking the Queen's hand lightly, will kiss it with no more than a touch of the lips."<ref name="Rite" /> The ceremony has caused difficulties for Privy Counsellors who advocate [[Republicanism in the United Kingdom|republicanism]]; [[Tony Benn]] said in his diaries that he kissed his own thumb, rather than the Queen's hand, while [[Jeremy Corbyn]] reportedly did not kneel.<ref name="Rite" /> Not all members of the Privy Council go through the initiation ceremony; appointments are frequently made by an [[Order in Council]], although it is "rare for a party leader to use such a course."<ref>{{cite news |last=Wintour |first=Patrick |date=8 October 2015 |title=Jeremy Corbyn rejects formal privy council induction by Queen |newspaper=The Guardian |url=https://www.theguardian.com/law/2015/oct/08/jeremy-corbyn-rejects-formal-privy-council-induction-by-queen |url-status=live |access-date=12 October 2016 |archive-url=https://web.archive.org/web/20161011222619/https://www.theguardian.com/law/2015/oct/08/jeremy-corbyn-rejects-formal-privy-council-induction-by-queen |archive-date=11 October 2016 |issn=0261-3077}}</ref>