Regency Acts
Encyclopedia
The Regency Acts are Acts
of the Parliament of the United Kingdom
passed at various times, to provide a regent
if the reigning monarch were to be incapacitated or a minor (under the age of 18). Prior to 1937, Regency Acts were passed only when necessary to deal with a specific situation. In 1937, the Regency Act 1937 made general provision for a regent, and also established the office of Counsellor of State
, several of whom would act on the monarch's behalf when the monarch was temporarily absent from the realm
. This Act forms the main law relating to regency in the United Kingdom
today.
An example of a pre-1937 Regency Act was the Act of 1811 which allowed George, Prince of Wales
to act as regent while his father, King George III
, was incapacitated. George ruled as the Prince Regent
until his father's death, when he ascended the throne as King George IV.
to be appointed if the British monarch were incapacitated or absent from the country. Nor was there a general provision for a regent to rule on behalf of an heir to the throne who succeeded to the throne as a minor. Before the Glorious Revolution
, it was up to the sovereign to decide who would be regent in any event, although this decision was often implemented by legislation. For example, section XI of the Treason Act 1554
made King Philip II of Spain
, the king consort
of Mary I
, regent in the event that Mary died and her heir was male and under 18, or an unmarried female under 15.
The passing of the Bill of Rights 1689
by the Parliament of England
confirmed in law that Parliament, not the sovereign, decided the order of succession. By the Act of Settlement 1701
, Parliament passed the line of succession to Electress Sophia of Hanover; this decision was confirmed and extended to all of Great Britain
by the Acts of Union 1707
. With the doctrine of Parliamentary supremacy firmly established in British law, it became possible for Parliament to pass legislation to determine who would act as regent during the absence, incapacity or minority of the ruling monarch. Since then several Regency Acts have been passed.
to deal exclusively with a regency was in 1728, the Regency During the King's Absence Act 1728 (2 Geo. 2 c. 27). The Act specified that Queen Caroline
would act as regent in the absence of her husband King George II
. The Act was necessary because George II was also Elector of Hanover and was returning to his homeland for a visit.
, the eldest son and heir apparent
of King George II, died. This left Frederick's eldest son, Prince George, Duke of Edinburgh
, as the new heir apparent. But George was only 12 at the time of his father's death. If the King were to die before George turned 18, the throne would pass to a minor.
Consequently, Parliament made a provision for a regent by passing the Minority of Successor to Crown Act 1751 (24 Geo. 2 c. 24). This Act provided that George's mother, Princess Augusta, Dowager Princess of Wales
would act as regent. The Act also specified that a Council of Regency be put in place to rule alongside Princess Augusta. The Council of Regency was to act as a brake on the regent's power; some acts of the Royal prerogative
, such as declarations of war
or the signing of peace treaties
, would require a majority vote of the council.
ascended the throne, with his brother the Duke of York as heir presumptive. However, the new King soon married and had several children. By 1765, the King had three infant children in the order of succession. Parliament again passed a Regency Act to provide for a regent in the event of the King's death.
The Minority of Heir to the Crown Act 1765 (5 Geo. 3 c. 27) provided that either the King's wife, Queen Charlotte
, or his mother, Princess Augusta, Dowager Princess of Wales
, would act as regent. This Act also required the formation of a Council of Regency.
to provide that King George III's eldest son George, Prince of Wales
would act as regent due to the King's incapacity through mental illness. With no legislation already in place, there was no legal basis for providing a regent, and the King was in no fit state to give Royal Assent
to the Act. Parliament decided to have the Lord Chancellor (Lord Thurlow
) approve the bill by fixing the Great Seal of the Realm
to give Royal Assent. However, the King recovered in time before the bill could be passed. The Duke of York
and others thought the Act illegal; but following his recovery, the King declared that the government had acted correctly.
The King's continuing mental problems throughout the rest of his life confirmed the need for a suitable Regency Act to be in place. However, the King was hostile to the passing of such an Act while he was of sound mind.
. Parliament agreed to follow the precedent of 1788; without the King's consent, the Lord Chancellor affixed the Great Seal of the Realm to letters patent naming Lords Commissioners. Such letters patent were irregular, because they did not bear the Royal Sign Manual, and only Letters Patent signed by the Sovereign himself can provide for the appointment of Lords Commissioners or for the granting of Royal Assent. However, because the King was already incapacitated de facto, resolutions by both Houses of Parliament approved the action, directing the Lord Chancellor to prepare the Letters Patent and to affix the Great Seal to them even without the signature of the monarch. The Lords Commissioners thus appointed, in the name of the King, signified the granting of the Royal Assent to a bill which became the Care of King During his Illness, etc. Act 1811 (51 Geo. 3 c. 1). Parliament restricted some of the powers of the Prince Regent (as the Prince of Wales became known). The constraints expired one year after the passage of the Act.
The importance of this Regency Act was that it did not require a Council of Regency, as required by previous legislation. One reason for this was that the Prince Regent was heir to the throne in any case, and would assume full powers upon his father's death.
. But William IV had no legitimate children, and given the age of his wife, Queen Adelaide
, he was unlikely to have any in the future. The heiress presumptive to the throne was his niece, Princess Victoria of Kent
, who was only eleven.
As Victoria's father was dead, and Parliament mistrusted the younger sons of George III, the Act (1 Will. 4 c. 2) placed any potential regency caused by the King's death before Victoria had reached 18, in her mother, the Duchess of Kent. However if Queen Adelaide gave birth to a child, that child was to become king or queen instead of Victoria, and Adelaide would become regent. If such a birth occurred after the King's death, his child was to succeed Victoria as king or queen.
The Act also prohibited the Queen from marrying during the regency without the Regent's consent, and made it high treason
to marry her, or to assist in or be concerned in marrying her.
However since Victoria became queen aged 18, a regency was unnecessary and the Act never came into force.
. She became monarch aged 18, while she was still unmarried and without children. The next in the line of succession was her uncle, King Ernest Augustus I of Hanover
, who succeeded King William IV in the Kingdom of Hanover
as Salic Law
prevented Victoria becoming Queen of Hanover. Thus Ernst August departed the United Kingdom
to take up his role in Hanover
. This meant that until the Queen married and had legitimate children, the heir to the throne and his children would reside abroad. Although they would almost certainly return to the UK in the event of Victoria dying without an heir, it would take some weeks for this to happen using nineteenth century transport.
To provide for the continuation of government in such an instance, Parliament passed the Lords Justices Act 1837 (7 Will. 4. & 1 Vict. c. 72, long title
: An Act to provide for the Appointment of Lords Justices in the Case of the next Successor to the Crown being out of the Realm at the Time of the Demise of Her Majesty). This Act did not provide for a specific regent to be appointed, as it was be expected that the new monarch would arrive in the country within a reasonable time. Thus the Act provided only for Lords Justices, including such people as the Archbishop of Canterbury
and the Lord Chief Justice, to take up some of the monarch's duties. Unlike the powers granted to prospective regents in previous legislation, the powers of the Lords Justice were more limited; for example, they could not dissolve Parliament or create peerages.
. It was expected that the Queen would have many other children; however, they would be in minority for at least the next 18 years, and Parliament again would have to provide for a regent in the event of Victoria's death. The previous Lords Justices Act 1837 would not apply to the Queen's children, as they resided in the UK. Parliament therefore passed the Regency Act 1840 (3 & 4 Vict. c. 52) which provided for Prince Albert to rule as regent until the eldest child reached the age of 18. The Act did not require a Regency Council to operate alongside Prince Albert, potentially giving him more power than earlier proposed regents. The Act was fairly controversial at the time, as the British people were suspicious of Prince Albert and he was generally unpopular in Parliament.
was monarch. However, his children were all under the age of 18. Therefore Parliament passed a new Regency Act (10 Edw. 7 & 1 Geo. 5 c. 26) in 1910, that named the King's consort, Queen Mary
as regent. No regency council was provided for, as in the previous Regency Act of 1840.
(George V's second son) had become King, with his eldest daughter (The Princess Elizabeth
) as heiress presumptive. However, Elizabeth was under the age of 18, leading to the need for a new Regency Act.
Rather than pass a specific Regency Act relating to the death or incapacity of George VI only, Parliament passed the Regency Act 1937 (1 Edw. 8 & 1 Geo. 6 c. 1), which provided for the incapacity or minority of all future monarchs. It also repealed the Lords Justices Act 1837, and established in statute the office of Counsellor of State
, to be appointed during the monarch's absence abroad, or temporary illness not amounting to complete incapacity.
The Act required that the regent should be the next person in the line of succession who was:
The Counsellors of State were to consist of:
Thus, at the time of the passing of the Act, the Prince Henry, Duke of Gloucester
would have been appointed regent in the event of The Princess Elizabeth succeeding to the throne on the death of her father. The current prospective regent under the Act would be the Prince Charles, Prince of Wales.
Section 4 of the Act prohibits the regent from giving royal assent
to a bill to change the line of succession to the British throne
or to repeal or alter the Scottish Protestant Religion and Presbyterian Church Act 1707
.
. With her eldest son and heir apparent, Prince Charles, Duke of Cornwall
under the age of 18, the Regency Act 1937 would provide for the next person over the age of 21 in the line of succession, the Queen's sister Princess Margaret, to act as regent. However, despite the fact that a regency was already provided for, Parliament made a new law creating a provision specific to the scenario of the succession to the Throne of a son or daughter of Queen Elizabeth II and her husband, Prince Philip, while still under the age of 18 years. That provision, which ceased to have any relevance in law once all children of Queen Elizabeth II and Prince Philip reached adulthood, was to the effect that Prince Philip, if living, would act as regent in case of an underage succession to the Crown by one of the children born of his marriage to Queen Elizabeth II. Furthermore, if a regency was necessary during the current Queen's reign, the Duke of Edinburgh would act as regent, but only if the Queen had no eligible children or grandchildren.
The new Act (2 & 3 Eliz. 2 c. 1) also removed the perceived anomaly that a person aged 18 could become a counsellor of state and could, upon accession to the Throne, personally discharge the royal functions, but could not act as a regent until 21. (In fact, this had been intended in 1937. The attorney-general had said when the 1937 bill was in committee that "there might well arise a case where the heir to the Throne was under 18 years of age and where it would be necessary to have a Regent, but that such Regent would only be a few months older. It would then be rather absurd to appoint as Regent someone only six months older than the King. Consequently ... there should be a minimum difference of three years.") With the 1953 Act, the age when one becomes eligible to serve as Regent was reduced from 21 to 18 years.
The Act also allowed the Queen's mother, Queen Elizabeth the Queen Mother
, to become a Counsellor of State again, a position she had lost on the death of her husband King George VI. That provision of the statute ceased to have practical effect after the Queen Mother died in 2002.
In that case, any oaths or declarations required by statute to be taken by the Sovereign on or after succeeding to the Crown are postponed until the Sovereign's personal assumption of the royal functions, and for the purpose of all such enactments regarding oaths and declarations that the new monarch must make upon Accession "the date on which the Sovereign attains the age of eighteen years shall be deemed to be the date of His Accession"
When a declaration of incapacity is made in accordance with the procedure set out in the Regency Act 1937 a Regency is established and the royal functions are transferred from the Sovereign to a Regent, who discharges them in the name and on behalf of the monarch until a declaration is made in accordance with the said Act to the effect that the monarch's incapacity has ceased.
, the Speaker of the House of Commons, the Lord Chief Justice of England, and the Master of the Rolls
, declare in writing that they are satisfied by evidence which shall include the evidence of physicians that the Sovereign is by reason of infirmity of mind or body incapable for the time being of performing the royal functions or that they are satisfied by evidence that the Sovereign is for some definite cause not available for the performance of those functions, then, until it is declared in like manner that His Majesty has so far recovered His health as to warrant His resumption of the royal functions or has become available for the performance thereof, as the case may be, those functions shall be performed in the name and on behalf of the Sovereign by a Regent."
Thus, the persons capable of making a declaration of incapacity (or a declaration of cessation of incapacity) are the consort of the Sovereign, the Lord Chancellor
, the Speaker of the House of Commons, the Lord Chief Justice of England and the Master of the Rolls
. The current holders of these positions are, respectively, The Duke of Edinburgh
, Kenneth Clarke
, John Bercow
, Lord Judge, and Lord Neuberger.
Any declaration of incapacity or of cessation of incapacity needs to be signed by three or more of them. Declarations based on the monarch's unavailability by a definite cause need to be supported by evidence, and declarations attesting the Sovereign's incapacity by reason of infirmity of mind or body need to be supported by evidence that shall include evidence provided by physicians.
According to the Regency Act 1937, any declaration of incapacity or of cessation of incapacity needs to be made to the Privy Council.
The requirements for that declaration of incapacity are the same ones that are valid with regard to a a declaration affecting the Sovereign: the incapacity of the Regent must be attested by evidence; in the case of infirmity that evidence shall include evidence provided by physicians; the declaration needs to be signed by at least three of the people empowered by law; and it needs to be lodged with the Privy Council.
Under section 3, subsection 5, of the Regency Act 1937, when the Regent is the object of a declaration of incapacity, he or she ceases to be the Regent, as if he or she were dead, and the person next in line capable of discharging the Regency becomes Regent in his or her place.
When a Regent is removed from office by a declaration of incapacity and subsequently the incapacity ceases to exist, the Regent can be restored to office by means of a declaration of cessation of incapacity. In that case upon the declaration of cessation of incapacity, a change of Regent takes place, with the person who has a lower place in the order of succession ceasing to be the Regent, and in his or her stead the person with a higher position in the order of succession, who had only ceased to be Regent due to the declaration of incapacity, resuming the office of Regent. The requirements for declaration of cessation of incapacity regarding the Regent are the same ones that are valid for a declaration of cessation of incapacity regarding the Sovereign.
The oaths required to be taken by a new Regent upon his assumption of office are as follows:
I swear that I will be faithful and bear true allegiance to [here insert the name of the Sovereign] his heirs and successors according to law. So help me God.
I swear that I will truly and faithfully execute the office of Regent, and that I will govern according to law, and will, in all things, to the utmost of my power and ability, consult and maintain the safety, honour, and dignity of [here insert the name of the Sovereign] and the welfare of his people. So help me God.
I swear that I will inviolably maintain and preserve in England and in Scotland the Settlement of the true Protestant religion as established by law in England and as established in Scotland by the laws made in Scotland in prosecution of the Claim of Right, and particularly by an Act intituled “An Act for Securing the Protestant Religion and Presbyterian Church Government” and by the Acts passed in the Parliament of both Kingdoms for Union of the two Kingdoms, together with the Government, Worship, Discipline, Rights, and Privileges of the Church of Scotland. So help me God.
The said oaths need to be taken and subscribed by the new Regent before the Privy Council, and the Regency Act, 1937 specifies that "the Privy Council are empowered and required to administer those oaths and to enter them in the Council Books".
. The next six individuals in the line of succession would be able to succeed without necessitating a regency, and would be eligible to be regents.
, the first person under the age of 18 is Viscount Severn
who is eighth in line to the throne. If Severn were to succeed to the throne between 8 November 2021 and his 18th birthday on 17 December 2025 his eldest sister, Lady Louise Windsor
, would serve as Regent under the 1937 Act and would be next in line to the throne.
However, if Severn or Lady Louise were to succeed to the throne prior to Lady Louise's 18th birthday on 8 November 2021 their aunt, Anne, The Princess Royal
, would serve as regent. If the Princess Royal were no longer alive at the time, the next in line to be Regent would be her son Peter Phillips
, followed by her daughter Zara Phillips
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
passed at various times, to provide a regent
Regent
A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
if the reigning monarch were to be incapacitated or a minor (under the age of 18). Prior to 1937, Regency Acts were passed only when necessary to deal with a specific situation. In 1937, the Regency Act 1937 made general provision for a regent, and also established the office of Counsellor of State
Counsellor of State
In the United Kingdom, Counsellors of State are senior members of the British royal family to whom the Monarch, currently Elizabeth II, delegates certain state functions and powers when she is in another Commonwealth realm, abroad or unavailable for other reasons...
, several of whom would act on the monarch's behalf when the monarch was temporarily absent from the realm
Realm
A realm is a dominion of a monarch or other sovereign ruler.The Old French word reaume, modern French royaume, was the word first adopted in English; the fixed modern spelling does not appear until the beginning of the 17th century...
. This Act forms the main law relating to regency in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
today.
An example of a pre-1937 Regency Act was the Act of 1811 which allowed George, Prince of Wales
George IV of the United Kingdom
George IV was the King of the United Kingdom of Great Britain and Ireland and also of Hanover from the death of his father, George III, on 29 January 1820 until his own death ten years later...
to act as regent while his father, King George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
, was incapacitated. George ruled as the Prince Regent
Prince Regent
A prince regent is a prince who rules a monarchy as regent instead of a monarch, e.g., due to the Sovereign's incapacity or absence ....
until his father's death, when he ascended the throne as King George IV.
History
Prior to 1937, there was no permanent, general provision in British law for a regentRegent
A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
to be appointed if the British monarch were incapacitated or absent from the country. Nor was there a general provision for a regent to rule on behalf of an heir to the throne who succeeded to the throne as a minor. Before the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
, it was up to the sovereign to decide who would be regent in any event, although this decision was often implemented by legislation. For example, section XI of the Treason Act 1554
Treason Act 1554
The Treason Act 1554 was an Act of the Parliament of England. It is not to be confused with two other Acts about treason passed in the same year, 1&2 Ph. & M...
made King Philip II of Spain
Philip II of Spain
Philip II was King of Spain, Portugal, Naples, Sicily, and, while married to Mary I, King of England and Ireland. He was lord of the Seventeen Provinces from 1556 until 1581, holding various titles for the individual territories such as duke or count....
, the king consort
King consort
King consort is an alternative title to the more usual "prince consort" - which is a position given in some monarchies to the husband of a reigning queen. It is a symbolic title only, the sole constitutional function of the holder being similar to a prince consort, which is the male equivalent of a...
of Mary I
Mary I of England
Mary I was queen regnant of England and Ireland from July 1553 until her death.She was the only surviving child born of the ill-fated marriage of Henry VIII and his first wife Catherine of Aragon. Her younger half-brother, Edward VI, succeeded Henry in 1547...
, regent in the event that Mary died and her heir was male and under 18, or an unmarried female under 15.
The passing of the Bill of Rights 1689
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
by the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
confirmed in law that Parliament, not the sovereign, decided the order of succession. By the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
, Parliament passed the line of succession to Electress Sophia of Hanover; this decision was confirmed and extended to all of Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
by the Acts of Union 1707
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
. With the doctrine of Parliamentary supremacy firmly established in British law, it became possible for Parliament to pass legislation to determine who would act as regent during the absence, incapacity or minority of the ruling monarch. Since then several Regency Acts have been passed.
Regency Act 1728
The first Act passed by the Parliament of Great BritainParliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
to deal exclusively with a regency was in 1728, the Regency During the King's Absence Act 1728 (2 Geo. 2 c. 27). The Act specified that Queen Caroline
Caroline of Ansbach
Caroline of Brandenburg-Ansbach was the queen consort of King George II of Great Britain.Her father, John Frederick, Margrave of Brandenburg-Ansbach, was the ruler of a small German state...
would act as regent in the absence of her husband King George II
George II of Great Britain
George II was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg and Archtreasurer and Prince-elector of the Holy Roman Empire from 11 June 1727 until his death.George was the last British monarch born outside Great Britain. He was born and brought up in Northern Germany...
. The Act was necessary because George II was also Elector of Hanover and was returning to his homeland for a visit.
Minority of Successor to Crown Act 1751
In 1751, Frederick, Prince of WalesFrederick, Prince of Wales
Frederick, Prince of Wales was a member of the House of Hanover and therefore of the Hanoverian and later British Royal Family, the eldest son of George II and father of George III, as well as the great-grandfather of Queen Victoria...
, the eldest son and heir apparent
Heir apparent
An heir apparent or heiress apparent is a person who is first in line of succession and cannot be displaced from inheriting, except by a change in the rules of succession....
of King George II, died. This left Frederick's eldest son, Prince George, Duke of Edinburgh
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
, as the new heir apparent. But George was only 12 at the time of his father's death. If the King were to die before George turned 18, the throne would pass to a minor.
Consequently, Parliament made a provision for a regent by passing the Minority of Successor to Crown Act 1751 (24 Geo. 2 c. 24). This Act provided that George's mother, Princess Augusta, Dowager Princess of Wales
Princess Augusta of Saxe-Gotha
Princess Augusta of Saxe-Gotha-Altenburg was Princess of Wales between 1736 and 1751, and Dowager Princess of Wales thereafter. She was one of only three Princesses of Wales who never became queen consort...
would act as regent. The Act also specified that a Council of Regency be put in place to rule alongside Princess Augusta. The Council of Regency was to act as a brake on the regent's power; some acts of the Royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
, such as declarations of war
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
or the signing of peace treaties
Peace treaty
A peace treaty is an agreement between two or more hostile parties, usually countries or governments, that formally ends a state of war between the parties...
, would require a majority vote of the council.
Minority of Heir to the Crown Act 1765
In 1760, King George IIIGeorge III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
ascended the throne, with his brother the Duke of York as heir presumptive. However, the new King soon married and had several children. By 1765, the King had three infant children in the order of succession. Parliament again passed a Regency Act to provide for a regent in the event of the King's death.
The Minority of Heir to the Crown Act 1765 (5 Geo. 3 c. 27) provided that either the King's wife, Queen Charlotte
Charlotte of Mecklenburg-Strelitz
Charlotte of Mecklenburg-Strelitz was the Queen consort of the United Kingdom as the wife of King George III...
, or his mother, Princess Augusta, Dowager Princess of Wales
Princess Augusta of Saxe-Gotha
Princess Augusta of Saxe-Gotha-Altenburg was Princess of Wales between 1736 and 1751, and Dowager Princess of Wales thereafter. She was one of only three Princesses of Wales who never became queen consort...
, would act as regent. This Act also required the formation of a Council of Regency.
Regency Bill 1789
The Regency Bill of 1789 was a proposed Act of ParliamentAct of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
to provide that King George III's eldest son George, Prince of Wales
George IV of the United Kingdom
George IV was the King of the United Kingdom of Great Britain and Ireland and also of Hanover from the death of his father, George III, on 29 January 1820 until his own death ten years later...
would act as regent due to the King's incapacity through mental illness. With no legislation already in place, there was no legal basis for providing a regent, and the King was in no fit state to give Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to the Act. Parliament decided to have the Lord Chancellor (Lord Thurlow
Edward Thurlow, 1st Baron Thurlow
Edward Thurlow, 1st Baron Thurlow PC, KC was a British lawyer and Tory politician. He served as Lord Chancellor of Great Britain for fourteen years and under four Prime Ministers.- Early life:...
) approve the bill by fixing the Great Seal of the Realm
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
to give Royal Assent. However, the King recovered in time before the bill could be passed. The Duke of York
Prince Frederick, Duke of York and Albany
The Prince Frederick, Duke of York and Albany was a member of the Hanoverian and British Royal Family, the second eldest child, and second son, of King George III...
and others thought the Act illegal; but following his recovery, the King declared that the government had acted correctly.
The King's continuing mental problems throughout the rest of his life confirmed the need for a suitable Regency Act to be in place. However, the King was hostile to the passing of such an Act while he was of sound mind.
Care of King During his Illness, etc. Act 1811
In late 1810, King George III was once again overcome by mental illness, following the death of his youngest daughter, Princess AmeliaPrincess Amelia of the United Kingdom
Princess Amelia of the United Kingdom was a member of the British Royal Family as the youngest daughter of King George III of the United Kingdom and his queen consort Charlotte of Mecklenburg-Strelitz.-Early life:...
. Parliament agreed to follow the precedent of 1788; without the King's consent, the Lord Chancellor affixed the Great Seal of the Realm to letters patent naming Lords Commissioners. Such letters patent were irregular, because they did not bear the Royal Sign Manual, and only Letters Patent signed by the Sovereign himself can provide for the appointment of Lords Commissioners or for the granting of Royal Assent. However, because the King was already incapacitated de facto, resolutions by both Houses of Parliament approved the action, directing the Lord Chancellor to prepare the Letters Patent and to affix the Great Seal to them even without the signature of the monarch. The Lords Commissioners thus appointed, in the name of the King, signified the granting of the Royal Assent to a bill which became the Care of King During his Illness, etc. Act 1811 (51 Geo. 3 c. 1). Parliament restricted some of the powers of the Prince Regent (as the Prince of Wales became known). The constraints expired one year after the passage of the Act.
The importance of this Regency Act was that it did not require a Council of Regency, as required by previous legislation. One reason for this was that the Prince Regent was heir to the throne in any case, and would assume full powers upon his father's death.
Regency Act 1830
By 1830, the throne had passed to George III's third-eldest son, William IVWilliam IV of the United Kingdom
William IV was King of the United Kingdom of Great Britain and Ireland and of Hanover from 26 June 1830 until his death...
. But William IV had no legitimate children, and given the age of his wife, Queen Adelaide
Adelaide of Saxe-Meiningen
Princess Adelaide of Saxe-Meiningen was the queen consort of the United Kingdom and of Hanover as spouse of William IV of the United Kingdom. Adelaide, the capital city of South Australia, is named after her.-Early life:Adelaide was born on 13 August 1792 at Meiningen, Thuringia, Germany...
, he was unlikely to have any in the future. The heiress presumptive to the throne was his niece, Princess Victoria of Kent
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
, who was only eleven.
As Victoria's father was dead, and Parliament mistrusted the younger sons of George III, the Act (1 Will. 4 c. 2) placed any potential regency caused by the King's death before Victoria had reached 18, in her mother, the Duchess of Kent. However if Queen Adelaide gave birth to a child, that child was to become king or queen instead of Victoria, and Adelaide would become regent. If such a birth occurred after the King's death, his child was to succeed Victoria as king or queen.
The Act also prohibited the Queen from marrying during the regency without the Regent's consent, and made it high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
to marry her, or to assist in or be concerned in marrying her.
However since Victoria became queen aged 18, a regency was unnecessary and the Act never came into force.
Lord Justices Act 1837
In 1837 Princess Victoria of Kent succeeded her uncle to become Queen VictoriaVictoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
. She became monarch aged 18, while she was still unmarried and without children. The next in the line of succession was her uncle, King Ernest Augustus I of Hanover
Ernest Augustus I of Hanover
Ernest Augustus I was King of Hanover from 20 June 1837 until his death. He was the fifth son and eighth child of George III, who reigned in both the United Kingdom and Hanover...
, who succeeded King William IV in the Kingdom of Hanover
Kingdom of Hanover
The Kingdom of Hanover was established in October 1814 by the Congress of Vienna, with the restoration of George III to his Hanoverian territories after the Napoleonic era. It succeeded the former Electorate of Brunswick-Lüneburg , and joined with 38 other sovereign states in the German...
as Salic Law
Salic law
Salic law was a body of traditional law codified for governing the Salian Franks in the early Middle Ages during the reign of King Clovis I in the 6th century...
prevented Victoria becoming Queen of Hanover. Thus Ernst August departed the United Kingdom
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
to take up his role in Hanover
Hanover
Hanover or Hannover, on the river Leine, is the capital of the federal state of Lower Saxony , Germany and was once by personal union the family seat of the Hanoverian Kings of Great Britain, under their title as the dukes of Brunswick-Lüneburg...
. This meant that until the Queen married and had legitimate children, the heir to the throne and his children would reside abroad. Although they would almost certainly return to the UK in the event of Victoria dying without an heir, it would take some weeks for this to happen using nineteenth century transport.
To provide for the continuation of government in such an instance, Parliament passed the Lords Justices Act 1837 (7 Will. 4. & 1 Vict. c. 72, long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
: An Act to provide for the Appointment of Lords Justices in the Case of the next Successor to the Crown being out of the Realm at the Time of the Demise of Her Majesty). This Act did not provide for a specific regent to be appointed, as it was be expected that the new monarch would arrive in the country within a reasonable time. Thus the Act provided only for Lords Justices, including such people as the Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
and the Lord Chief Justice, to take up some of the monarch's duties. Unlike the powers granted to prospective regents in previous legislation, the powers of the Lords Justice were more limited; for example, they could not dissolve Parliament or create peerages.
Regency Act 1840
By 1840, Queen Victoria had married her cousin, HSH Prince Albert of Saxe-Coburg-Gotha and soon gave birth to The Princess VictoriaVictoria, Princess Royal
The Princess Victoria, Princess Royal was the eldest child of Queen Victoria of the United Kingdom and Prince Albert. She was created Princess Royal of the United Kingdom in 1841. She became German Empress and Queen of Prussia by marriage to German Emperor Frederick III...
. It was expected that the Queen would have many other children; however, they would be in minority for at least the next 18 years, and Parliament again would have to provide for a regent in the event of Victoria's death. The previous Lords Justices Act 1837 would not apply to the Queen's children, as they resided in the UK. Parliament therefore passed the Regency Act 1840 (3 & 4 Vict. c. 52) which provided for Prince Albert to rule as regent until the eldest child reached the age of 18. The Act did not require a Regency Council to operate alongside Prince Albert, potentially giving him more power than earlier proposed regents. The Act was fairly controversial at the time, as the British people were suspicious of Prince Albert and he was generally unpopular in Parliament.
Regency Act 1910
By 1910, Queen Victoria's grandson, King George VGeorge V of the United Kingdom
George V was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 through the First World War until his death in 1936....
was monarch. However, his children were all under the age of 18. Therefore Parliament passed a new Regency Act (10 Edw. 7 & 1 Geo. 5 c. 26) in 1910, that named the King's consort, Queen Mary
Mary of Teck
Mary of Teck was the queen consort of the United Kingdom and the British Dominions, and Empress of India, as the wife of King-Emperor George V....
as regent. No regency council was provided for, as in the previous Regency Act of 1840.
Acts currently in force governing the establishment of a Regency
The Acts currently in force govering the cases in which a Regency shall come into existence and when a Regency shall cease, the determination of who shall be Regent and the powers of such Regent are the Regency Act 1937, the Regency Act 1943, and the Regency Act 1953, jointly referred to as the "Regency Acts 1937 to 1953".Regency Act 1937
In 1937, George VIGeorge VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
(George V's second son) had become King, with his eldest daughter (The Princess Elizabeth
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
) as heiress presumptive. However, Elizabeth was under the age of 18, leading to the need for a new Regency Act.
Rather than pass a specific Regency Act relating to the death or incapacity of George VI only, Parliament passed the Regency Act 1937 (1 Edw. 8 & 1 Geo. 6 c. 1), which provided for the incapacity or minority of all future monarchs. It also repealed the Lords Justices Act 1837, and established in statute the office of Counsellor of State
Counsellor of State
In the United Kingdom, Counsellors of State are senior members of the British royal family to whom the Monarch, currently Elizabeth II, delegates certain state functions and powers when she is in another Commonwealth realm, abroad or unavailable for other reasons...
, to be appointed during the monarch's absence abroad, or temporary illness not amounting to complete incapacity.
The Act required that the regent should be the next person in the line of succession who was:
- over the age of 21,
- a British subject domiciled in the United Kingdom, and
- capable of succeeding to the Crown under the terms of the Act of Settlement 1701Act of Settlement 1701The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
.
The Counsellors of State were to consist of:
- the consort of the monarch and
- the next four people in the line of succession over the age of 21.
Thus, at the time of the passing of the Act, the Prince Henry, Duke of Gloucester
Prince Henry, Duke of Gloucester
The Prince Henry, Duke of Gloucester was a soldier and member of the British Royal Family, the third son of George V of the United Kingdom and Queen Mary....
would have been appointed regent in the event of The Princess Elizabeth succeeding to the throne on the death of her father. The current prospective regent under the Act would be the Prince Charles, Prince of Wales.
Section 4 of the Act prohibits the regent from giving royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to a bill to change the line of succession to the British throne
Line of succession to the British Throne
The line of succession to the British throne is the ordered sequence of those people eligible to succeed to the throne of the United Kingdom and the other 15 Commonwealth realms. By the terms of the Act of Settlement 1701, the succession is limited to the descendants of the Electress Sophia of...
or to repeal or alter the Scottish Protestant Religion and Presbyterian Church Act 1707
Protestant Religion and Presbyterian Church Act 1707
The Protestant Religion and Presbyterian Church Act 1707 is an Act of the pre-Union Parliament of Scotland which was passed to ensure that the status of the Church of Scotland would not be affected by the Union with England...
.
Regency Act 1943
This Act (6 & 7 Geo. 6 c. 42) modified the Regency Act 1937 so that counsellors of state who were absent during the Sovereign's absence would not be listed among the appointments. It also declared that the heir-apparent or presumptive to the throne (first in the line of succession) only had to be 18 to be a counsellor.Regency Act 1953
In 1952, King George VI died and his daughter, The Princess Elizabeth, Duchess of Edinburgh, succeeded to the throne as Queen Elizabeth IIElizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
. With her eldest son and heir apparent, Prince Charles, Duke of Cornwall
Charles, Prince of Wales
Prince Charles, Prince of Wales is the heir apparent and eldest son of Queen Elizabeth II and Prince Philip, Duke of Edinburgh. Since 1958 his major title has been His Royal Highness The Prince of Wales. In Scotland he is additionally known as The Duke of Rothesay...
under the age of 18, the Regency Act 1937 would provide for the next person over the age of 21 in the line of succession, the Queen's sister Princess Margaret, to act as regent. However, despite the fact that a regency was already provided for, Parliament made a new law creating a provision specific to the scenario of the succession to the Throne of a son or daughter of Queen Elizabeth II and her husband, Prince Philip, while still under the age of 18 years. That provision, which ceased to have any relevance in law once all children of Queen Elizabeth II and Prince Philip reached adulthood, was to the effect that Prince Philip, if living, would act as regent in case of an underage succession to the Crown by one of the children born of his marriage to Queen Elizabeth II. Furthermore, if a regency was necessary during the current Queen's reign, the Duke of Edinburgh would act as regent, but only if the Queen had no eligible children or grandchildren.
The new Act (2 & 3 Eliz. 2 c. 1) also removed the perceived anomaly that a person aged 18 could become a counsellor of state and could, upon accession to the Throne, personally discharge the royal functions, but could not act as a regent until 21. (In fact, this had been intended in 1937. The attorney-general had said when the 1937 bill was in committee that "there might well arise a case where the heir to the Throne was under 18 years of age and where it would be necessary to have a Regent, but that such Regent would only be a few months older. It would then be rather absurd to appoint as Regent someone only six months older than the King. Consequently ... there should be a minimum difference of three years.") With the 1953 Act, the age when one becomes eligible to serve as Regent was reduced from 21 to 18 years.
The Act also allowed the Queen's mother, Queen Elizabeth the Queen Mother
Elizabeth Bowes-Lyon
Elizabeth Angela Marguerite Bowes-Lyon was the queen consort of King George VI from 1936 until her husband's death in 1952, after which she was known as Queen Elizabeth The Queen Mother, to avoid confusion with her daughter, Queen Elizabeth II...
, to become a Counsellor of State again, a position she had lost on the death of her husband King George VI. That provision of the statute ceased to have practical effect after the Queen Mother died in 2002.
Situations in which the royal functions are transferred to a Regent
According to the Regency Acts 1937 to 1953, presently in force, there is provision for the establishment of a Regency either on account of the minority of the monarch or of the absolute incapacity of the Sovereign to discharge the Royal Functions.Regency in the case of the minority of the Sovereign
According to the Regency Acts in force, if the monarch is under the age of 18 years when he or she succeeds to the Throne, a Regency is automatically established, and, until he or she attains the age of 18 years, the royal functions are discharged by the Regent in the name and on behalf of the Sovereign.In that case, any oaths or declarations required by statute to be taken by the Sovereign on or after succeeding to the Crown are postponed until the Sovereign's personal assumption of the royal functions, and for the purpose of all such enactments regarding oaths and declarations that the new monarch must make upon Accession "the date on which the Sovereign attains the age of eighteen years shall be deemed to be the date of His Accession"
Regency in the case of infirmity of mind or body or of unavaliability for a definite cause
Unlike any of the preceding Regency Acts, the Regency Act 1937 (which is still in force), established in law a procedure for determining the incapacity of the Sovereign due to infirmity of mind or body or due to the monarch's unavailability for other definite cause.When a declaration of incapacity is made in accordance with the procedure set out in the Regency Act 1937 a Regency is established and the royal functions are transferred from the Sovereign to a Regent, who discharges them in the name and on behalf of the monarch until a declaration is made in accordance with the said Act to the effect that the monarch's incapacity has ceased.
Power to make the declaration of incapacity and the declaration of cessation of incapacity
According to the Regency Act 1937, if "the following persons or any three or more of them, that is to say, the wife or husband of the Sovereign, the Lord ChancellorLord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, the Speaker of the House of Commons, the Lord Chief Justice of England, and the Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
, declare in writing that they are satisfied by evidence which shall include the evidence of physicians that the Sovereign is by reason of infirmity of mind or body incapable for the time being of performing the royal functions or that they are satisfied by evidence that the Sovereign is for some definite cause not available for the performance of those functions, then, until it is declared in like manner that His Majesty has so far recovered His health as to warrant His resumption of the royal functions or has become available for the performance thereof, as the case may be, those functions shall be performed in the name and on behalf of the Sovereign by a Regent."
Thus, the persons capable of making a declaration of incapacity (or a declaration of cessation of incapacity) are the consort of the Sovereign, the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, the Speaker of the House of Commons, the Lord Chief Justice of England and the Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
. The current holders of these positions are, respectively, The Duke of Edinburgh
Prince Philip, Duke of Edinburgh
Prince Philip, Duke of Edinburgh is the husband of Elizabeth II. He is the United Kingdom's longest-serving consort and the oldest serving spouse of a reigning British monarch....
, Kenneth Clarke
Kenneth Clarke
Kenneth Harry "Ken" Clarke, QC, MP is a British Conservative politician, currently Member of Parliament for Rushcliffe, Lord Chancellor and Secretary of State for Justice. He was first elected to Parliament in 1970; and appointed a minister in Edward Heath's government, in 1972, and is one of...
, John Bercow
John Bercow
John Simon Bercow is a British politician who has been the Speaker of the House of Commons in the United Kingdom since June 2009. Prior to his election to Speaker he was a member of the Conservative party....
, Lord Judge, and Lord Neuberger.
Any declaration of incapacity or of cessation of incapacity needs to be signed by three or more of them. Declarations based on the monarch's unavailability by a definite cause need to be supported by evidence, and declarations attesting the Sovereign's incapacity by reason of infirmity of mind or body need to be supported by evidence that shall include evidence provided by physicians.
According to the Regency Act 1937, any declaration of incapacity or of cessation of incapacity needs to be made to the Privy Council.
Incapacity of the Regent
Under the Regency Act 1937, a declaration of incapacity can also be made with respect to the Regent. Thus, if the person serving as Regent becomes incapable of discharging the royal functions, either on account of an infirmity of mind or body, or because the Regent has become, for a definite cause, unavailable to perform the said functions, the same group of people who can make a declaration of incapacity regarding the Sovereign (the wife or husband of the monarch, the Lord Chancellor, the Speaker of the House of Commons, the Lord Chief Justice of England and the Master of the Rolls) are empowered to make a declaration of incapacity regarding the Regent.The requirements for that declaration of incapacity are the same ones that are valid with regard to a a declaration affecting the Sovereign: the incapacity of the Regent must be attested by evidence; in the case of infirmity that evidence shall include evidence provided by physicians; the declaration needs to be signed by at least three of the people empowered by law; and it needs to be lodged with the Privy Council.
Under section 3, subsection 5, of the Regency Act 1937, when the Regent is the object of a declaration of incapacity, he or she ceases to be the Regent, as if he or she were dead, and the person next in line capable of discharging the Regency becomes Regent in his or her place.
When a Regent is removed from office by a declaration of incapacity and subsequently the incapacity ceases to exist, the Regent can be restored to office by means of a declaration of cessation of incapacity. In that case upon the declaration of cessation of incapacity, a change of Regent takes place, with the person who has a lower place in the order of succession ceasing to be the Regent, and in his or her stead the person with a higher position in the order of succession, who had only ceased to be Regent due to the declaration of incapacity, resuming the office of Regent. The requirements for declaration of cessation of incapacity regarding the Regent are the same ones that are valid for a declaration of cessation of incapacity regarding the Sovereign.
Assumption of office by the Regent: oaths to be taken before the Privy Council
Whenever a Regency is established, either on account of incapacity of the Sovereign (duly declared in accordance with the procedure prescribed in statute), or on account of the minority of the Sovereign, and also when there is a change of Regent, the new "Regent shall, before he acts in or enters upon his office" take the oaths required by the Regency Act, 1937; accordingly, a new Regent only enters into the execution of his office by taking the oaths, and therefore cannot discharge any of the royal functions before taking them.The oaths required to be taken by a new Regent upon his assumption of office are as follows:
I swear that I will be faithful and bear true allegiance to [here insert the name of the Sovereign] his heirs and successors according to law. So help me God.
I swear that I will truly and faithfully execute the office of Regent, and that I will govern according to law, and will, in all things, to the utmost of my power and ability, consult and maintain the safety, honour, and dignity of [here insert the name of the Sovereign] and the welfare of his people. So help me God.
I swear that I will inviolably maintain and preserve in England and in Scotland the Settlement of the true Protestant religion as established by law in England and as established in Scotland by the laws made in Scotland in prosecution of the Claim of Right, and particularly by an Act intituled “An Act for Securing the Protestant Religion and Presbyterian Church Government” and by the Acts passed in the Parliament of both Kingdoms for Union of the two Kingdoms, together with the Government, Worship, Discipline, Rights, and Privileges of the Church of Scotland. So help me God.
The said oaths need to be taken and subscribed by the new Regent before the Privy Council, and the Regency Act, 1937 specifies that "the Privy Council are empowered and required to administer those oaths and to enter them in the Council Books".
Current position
Currently, under the provisions of the Regency Act 1937, The Prince Charles, Prince of Wales would act as Regent in the event of the incapacity of Queen Elizabeth IIElizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
. The next six individuals in the line of succession would be able to succeed without necessitating a regency, and would be eligible to be regents.
, the first person under the age of 18 is Viscount Severn
James, Viscount Severn
James, Viscount Severn is the second child and only son of Prince Edward, Earl of Wessex, and Sophie, Countess of Wessex, and the youngest grandchild of Elizabeth II and the Duke of Edinburgh...
who is eighth in line to the throne. If Severn were to succeed to the throne between 8 November 2021 and his 18th birthday on 17 December 2025 his eldest sister, Lady Louise Windsor
Lady Louise Windsor
The Lady Louise Windsor is the elder child of Prince Edward, Earl of Wessex, and Sophie, Countess of Wessex. She is the youngest granddaughter and second-youngest grandchild of Elizabeth II and the Duke of Edinburgh...
, would serve as Regent under the 1937 Act and would be next in line to the throne.
However, if Severn or Lady Louise were to succeed to the throne prior to Lady Louise's 18th birthday on 8 November 2021 their aunt, Anne, The Princess Royal
Anne, Princess Royal
Princess Anne, Princess Royal , is the only daughter of Elizabeth II and Prince Philip, Duke of Edinburgh...
, would serve as regent. If the Princess Royal were no longer alive at the time, the next in line to be Regent would be her son Peter Phillips
Peter Phillips
Peter Phillips is the son of Anne, Princess Royal of the United Kingdom.Peter Phillips or Philips may also refer to:* Peter Philips Peter Phillips (born 1977) is the son of Anne, Princess Royal of the United Kingdom.Peter Phillips or Philips may also refer to:* Peter Philips Peter Phillips (born...
, followed by her daughter Zara Phillips
Zara Phillips
Zara Anne Elizabeth Phillips, MBE is the second child and only daughter of Princess Anne and her first husband Captain Mark Phillips and is 13th in the line of succession to the throne...
.