Ministers of the Crown Act 1975

5 Supplementary provisions as to Orders.U.K.

(1)No Order in Council which provides for the dissolution of a government department shall be made under this Act unless, after copies of the draft thereof have been laid before Parliament, each House presents an Address to Her Majesty praying that the Order be made.

(2)An Order in Council under this Act, not being an Order made in pursuance of such an Address as aforesaid, shall be laid before Parliament and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any Order under this Act may be varied or revoked by a subsequent Order thereunder made in the like manner and subject to the like conditions, so however that the variation or revocation of an Order providing for the dissolution of a government department shall not affect the dissolution thereof.

[F1(3A)Subsection (3) is subject to section 1(8).]

(4)No provision in any Act passed before 6th March 1946 shall be construed as limiting the powers conferred by this Act.

(5)Nothing in this Act shall prejudice any power exercisable by virtue of the prerogative of the Crown in relation to the functions of Ministers of the Crown.

(6)Any reference in the foregoing provisions of this Act to a Minister of the Crown shall include a reference to Ministers acting jointly.

Textual Amendments

F1S. 5(3A) inserted (24.3.2005) by Constitutional Reform Act 2005 (c. 4), ss. 20(3), 148(2)