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The Regency Acts are special laws made by the Parliament of the United Kingdom. These laws decide who will rule the country if the King or Queen cannot do their job. This might happen if the monarch is too young (under 18) or if they are too sick to rule.

Before 1937, a new Regency Act was usually made only when a specific situation came up. For example, the Act of 1811 allowed Prince George to rule as regent when his father, King George III, became ill.

But in 1937, a new law called the Regency Act 1937 was passed. This Act made a general plan for a regent. It also created the job of Counsellor of State. These counsellors can act for the monarch if they are away from the country or have a temporary illness. The 1937 Act, along with changes made in 1943 and 1953, is the main law about regency in the United Kingdom today.

History of Regency Laws

Before 1937, there wasn't a standing law in Britain for a regent. A regent is someone who rules for the King or Queen when they can't. This could be because the monarch was too young, sick, or out of the country.

In earlier times, the King or Queen often decided who would be regent. But after the Glorious Revolution in 1688, Parliament gained more power.

By the Act of Settlement 1701, Parliament decided who would inherit the throne. This law was later confirmed for all of Great Britain. Because Parliament now had the power to make laws for the country, it could also decide who would be regent. Since then, several Regency Acts have been passed.

Regency Act 1705 and Succession to the Crown Act 1707

After the Act of Settlement 1701, it seemed likely that Queen Anne might die without an heir in Britain. So, the Regency Act 1705 was passed. Its goal was to make sure the next Protestant in line would become ruler.

This Act said that important government officials, called privy counsellors, had to announce the next Protestant ruler. Not doing so was considered a serious crime called high treason. If the new ruler was not in Britain when Anne died, a group of "Lords Justices" would act as regents. These Lords Justices could approve new laws. But they would be guilty of treason if they changed a specific law about religion, the Act of Uniformity 1662.

Two years later, after Scotland and England joined to form Great Britain, the new Parliament passed the Succession to the Crown Act 1707. This law confirmed the earlier rules and made small changes. It said that if the monarch died while the heir was abroad, seven to fourteen "Lords Justices" would run the government. Seven of these were named in the Act. The new monarch could choose seven more.

This Act also made it treason to open the secret documents naming these extra Lords Justices without permission. Like before, the Lords Justices could approve laws. But they could not change the Act of Uniformity 1662 or the Protestant Religion and Presbyterian Church Act 1707 (a Scottish law about religion).

When Queen Anne died in 1714, the new King, George I, was in Hanover. So, Thomas Parker, a top judge, led the regency for about a month until the King arrived.

Regency During the King's Absence Act 1728

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Regency During the King's Absence Act 1728
Act of Parliament
Long title An Act to enable her Majesty to be Regent of this Kingdom, during his Majesty's Absence, without taking the Oaths.
Citation 2 Geo. 2. c. 27
Dates
Royal assent 14 May 1729
Other legislation
Repealed by Statute Law Revision Act 1867
Status: Repealed

In 1728, Parliament passed another Act about regency. This was the Regency During the King's Absence Act 1728. It said that Queen Caroline would be regent when her husband, King George II, was away. King George II was also the ruler of Hanover and often visited his homeland. This Act was needed because the King did not want his son, Frederick, Prince of Wales, to be regent.

Minority of Successor to Crown Act 1750

Minority of Successor to Crown Act 1750
Act of Parliament
Long title An Act to provide for the Administration of the Government, in case the Crown should descend to any of the Children of his late Royal Highness Frederick Prince of Wales, being under the Age of eighteen Years; and for the Care and Guardianship of their Persons.
Citation 24 Geo. 2. c. 24
Dates
Royal assent 22 May 1751
Other legislation
Repealed by Statute Law Revision Act 1867
Status: Repealed

In 1751, Prince Frederick died. His oldest son, Prince George, became the next in line for the throne. But Prince George was only 12 years old. If the King died before George turned 18, a child would become ruler.

So, Parliament passed the Minority of Successor to Crown Act 1750. This Act said that George's mother, Augusta, would be regent. It also created a Council of Regency to help rule with her. This council was meant to limit the regent's power. For example, big decisions like declaring war needed the council's approval. However, this Act never actually came into effect. Prince George was already 18 when his grandfather, the King, died.

Minority of Heir to the Crown Act 1765

Minority of Heir to the Crown Act 1765
Act of Parliament
Long title An Act to provide for the Administration of the Government, in case the Crown should descend to any of the children of his Majesty, being under the Age of eighteen Years; and for the care and guardianship of their Persons.
Citation 5 Geo. 3. c. 27
Other legislation
Repealed by Statute Law Revision Act 1867
Status: Repealed

In 1760, King George III became ruler. By 1765, he had three young children who were in line for the throne. Parliament passed another Regency Act to plan for a regent if the King died.

The Minority of Heir to the Crown Act 1765 said that either the King's wife, Queen Charlotte, or his mother, Princess Augusta, would be regent. This Act also required a Council of Regency. Like the earlier Act, this one never came into effect. When George III died, his oldest son was already 57 years old.

Regency Bill 1789

In 1789, King George III became very ill with a mental illness. There was no law in place for a regent. So, a new law, the Regency Bill 1789, was proposed. It would have made the King's oldest son, Prince George, regent.

Since the King was too sick to approve the bill, Parliament decided to use the Great Seal of the Realm to make it law. This was a very unusual step. However, the King recovered before the bill could be passed. Even though some people thought this plan was illegal, the King later said the government had done the right thing.

The King's health problems continued throughout his life. This showed that a proper Regency Act was truly needed. But the King did not want such a law passed while he was well.

Care of King During his Illness, etc. Act 1811

Care of King During his Illness, etc. Act 1811
Act of Parliament
Long title An Act to provide for the Administration of the Royal Authority, and for the Care of His Majesty's Royal Person, during the Continuance of His Majesty's Illness; and for the Resumption of the Exercise of the Royal Authority by His Majesty.
Citation 51 Geo. 3. c. 1
Dates
Royal assent 5 February 1811
Status: Repealed

In late 1810, King George III became mentally ill again after his youngest daughter died. Parliament decided to follow the plan from 1789. Without the King's direct approval, the Lord Chancellor used the Great Seal to name "Lords Commissioners." These commissioners then approved a bill that became the Care of King During his Illness, etc. Act 1811.

Under this Act, King George III could not perform his royal duties. His son, Prince George, took over as regent from 1811 to 1820. This period is known as the Regency era. When the King died in 1820, Prince George became King.

This Act was important because it did not require a Council of Regency. This gave the Prince Regent more power than earlier proposed regents.

Regency Act 1830

Main article: Regency Act 1830

In 1830, King William IV became ruler. He had no living children. The next in line was his niece, Princess Victoria of Kent, who was 11 years old.

Parliament did not trust the King's younger brothers. So, the Regency Act 1830 said that if the King died before Victoria turned 18, her mother, Victoria, Duchess of Kent, would be regent. The Act also said that if King William IV's wife, Queen Adelaide, had a child, that child would become the next ruler instead of Victoria.

The Act also made it a serious crime to marry the monarch during the regency without the regent's permission. It also stopped the regent from changing the line of succession or certain religious laws.

However, Queen Victoria became queen when she was 18. Queen Adelaide also had no more children. So, a regency was not needed, and this Act never came into force.

Lords Justices Act 1837

Lords Justices Act 1837
Act of Parliament
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.
Citation 7 Will. 4 & 1 Vict. c. 72
Dates
Royal assent 15 July 1837

In 1837, Queen Victoria became Queen at age 18. She was unmarried and had no children. The next in line was her uncle, Ernest Augustus, Duke of Cumberland. He became King of Hanover and moved out of the United Kingdom.

This meant that the next heir to the British throne would live abroad. If Victoria died without children, it would take weeks for the heir to return to Britain. To make sure the government could continue, Parliament passed the Lords Justices Act 1837.

This Act did not name a specific regent. It just said that "Lords Justices," like the Archbishop of Canterbury, would take over some of the monarch's duties. Their powers were limited. For example, they could not close Parliament or create new noble titles.

Regency Act 1840

Regency Act 1840
Act of Parliament
Long title An Act to provide for the Administration of the Government in case the Crown should descend Issue of Her Majesty whilst such Issue shall be under the Age of Eighteen Years, and for the Care and Guardianship of such Issue.
Citation 3 & 4 Vict. c. 52
Dates
Royal assent 4 August 1840

By 1840, Queen Victoria had married Prince Albert of Saxe-Coburg-Gotha and had her first child, Princess Victoria. It was expected she would have many more children. These children would be under 18 for a long time. So, Parliament needed a plan for a regent if Victoria died.

The Lords Justices Act 1837 would not apply to the Queen's children, as they lived in the UK. So, Parliament passed the Regency Act 1840. This Act said that Prince Albert would rule as regent until the oldest child turned 18. This Act did not require a Regency Council, which gave Prince Albert more power.

This Act was a bit controversial. Many British people and Parliament members did not fully trust Prince Albert. However, Queen Victoria lived until 1901, and Prince Albert died before her. So, he never became regent.

The Act also said that the monarch could not marry during the regency without permission from the regent and Parliament. Marrying without this permission was considered high treason. The regent also could not change the line of succession or certain religious laws.

Regency Act 1910

Regency Act 1910
Act of Parliament
Long title An Act to provide for the Administration of the Government in case the Crown should descend to any issue of His Majesty while such issue shall be under the age of eighteen years, and for the care and guardianship of such issue.
Citation 10 Edw. 7. & 1 Geo. 5. c. 26
Dates
Royal assent 3 August 1910

In 1910, King George V became ruler after his father, King Edward VII, died. King George V's children were all under 18. So, Parliament passed a new Regency Act in 1910. This Act named the King's wife, Queen Mary, as regent. Like the 1840 Act, it did not create a regency council. This Act also never came into effect. The next in line, the Prince of Wales, was well over 18 when King George V died.

Current Regency Laws

The laws that decide when a regency starts and ends, who becomes regent, and what powers they have are the Regency Act 1937, the Regency Act 1943, and the Regency Act 1953. These are often called the "Regency Acts 1937 to 1953."

Regency Act 1937

Regency Act 1937
Act of Parliament
Long title An Act to make provision for a Regency in the event of the Sovereign being on His Accession under the age of eighteen years, and in the event of the incapacity of the Sovereign through illness, and for the performance of certain of the royal functions in the name and on behalf of the Sovereign in certain other events; to repeal the Lords Justices Act 1837; and for purposes connected with the matters aforesaid.
Citation 1 Edw. 8. & 1 Geo. 6. c. 16
Dates
Royal assent 19 March 1937
Other legislation
Amended by
  • Regency Act 1943
  • Regency Act 1953
  • Succession to the Crown Act 2013
Status: Current legislation

In 1936, George VI became king. His older daughter, Princess Elizabeth, was next in line but was under 18. This meant a new regency law was needed.

Instead of a specific law just for George VI, Parliament passed the Regency Act 1937. This Act set up rules for all future monarchs who might be too young or too sick to rule. It also got rid of the Lords Justices Act 1837. And it officially created the role of counsellor of state. These counsellors can act for the monarch if they are abroad or temporarily ill.

The Act says a regent should take over if the monarch is "incapable" of doing their job due to illness or if they are "not available" for some reason. At least three specific people must agree on this. These people are:

The Act also set rules for who could be regent. The regent must be the next person in line to the throne who is:

  • Over 21 years old
  • A British citizen living in the United Kingdom
  • Able to become monarch under the rules of the Act of Settlement 1701

The counsellors of state are usually:

  • The monarch's wife or husband
  • The next four people in line to the throne who are over 21.

At the time this Act was passed, Prince Henry, Duke of Gloucester, would have been regent if King George VI had died while Princess Elizabeth was still a child. Today, the likely regent if King Charles III became unable to rule would be his elder son, William, Prince of Wales.

The Act also stops the regent from approving any law that would change who inherits the throne. It also prevents changes to the Scottish Protestant Religion and Presbyterian Church Act 1707.

Regency Act 1943

Regency Act 1943
Long title An Act to amend the law as to the delegation of royal functions to Counsellors of State.
Citation 6 & 7 Geo. 6. c. 42
Dates
Royal assent 11 November 1943
Status: Current legislation

This Act changed the Regency Act 1937. It said that counsellors of state who were away from the country would not be listed for appointments. It also lowered the age for the heir to the throne to be a counsellor of state from 21 to 18.

Regency Act 1953

Regency Act 1953
Long title An Act to provide that, in the event of a Regency becoming necessary under the Regency Act 1937, His Royal Highness the Duke of Edinburgh shall in certain circumstances be the Regent, to provide that the heir apparent or heir presumptive to the Throne shall be deemed for the purposes of that Act to be of full age if he or she has attained the age of eighteen years, to add Her Majesty Queen Elizabeth the Queen Mother to the persons to whom royal functions may be delegated as Counsellors of State, and for purposes connected with the matters aforesaid.
Citation 2 & 3 Eliz. 2. c. 1
Dates
Royal assent 19 November 1953
Status: Current legislation

In 1952, King George VI died, and his elder daughter, Queen Elizabeth II, became Queen. Her oldest son, Prince Charles, was under 21. Under the 1937 Act, the next person over 21 in line, Princess Margaret (the Queen's sister), would have been regent.

However, Parliament made a new law, the Regency Act 1953. This law said that if a child of Queen Elizabeth II and her husband, Prince Philip, Duke of Edinburgh, became monarch before turning 18, Prince Philip would be the regent. This rule became less important as the Queen's children grew up.

The Act also allowed the Queen's mother, Queen Elizabeth The Queen Mother, to become a Counsellor of State again. She had lost this role when her husband died.

Most of the 1953 Act's rules are no longer needed because the Queen's children are adults. But one important part of the 1953 Act is still relevant. It lowered the age for the heir to the throne to become regent from 21 to 18. This fixed a strange situation where someone could be a counsellor of state at 18 and even become monarch at 18, but couldn't be a regent until 21.

Counsellors of State Act 2022

Counsellors of State Act 2022
Long title An Act to add His Royal Highness The Earl of Wessex and Her Royal Highness The Princess Royal to the persons to whom royal functions may be delegated as Counsellors of State.
Citation 2022 c. 47
Dates
Royal assent 6 December 2022
Commencement 7 December 2022
Status: Current legislation

This Act added Anne, Princess Royal and Prince Edward, Earl of Wessex (now Duke of Edinburgh) as permanent Counsellors of State. They had been counsellors before but lost the position when Prince William and Prince Harry turned 21.

When a Regent Takes Over

The Regency Acts of 1937 to 1953 explain two main reasons why a regent might be needed. This happens if the monarch is too young or if they are completely unable to perform their royal duties.

Regency for a Young Monarch

If the King or Queen is under 18 years old when they become ruler, a regency starts automatically. The regent then performs all the royal duties for the monarch until they turn 18.

Any promises or declarations the new monarch must make are put off until they are 18 and can take over fully.

Regency for Illness or Unavailability

The Regency Act 1937 also created a process for deciding if the monarch is unable to rule due to illness or if they are unavailable for some clear reason.

If a declaration of incapacity is made, a regency begins. The regent then performs the royal duties for the monarch. This continues until another declaration is made, stating that the monarch is able to rule again.

Declarations of Incapacity and Capacity

According to the Regency Act 1937, the people who can declare a monarch unable to rule (or able again) are:

As of 2023, these roles are held by Queen Camilla, Alex Chalk, Sir Lindsay Hoyle, Ian Burnett, and Sir Geoffrey Vos.

At least three of these people must sign any declaration. If the declaration is about the monarch's illness, it must include evidence from doctors. All declarations must be given to the Privy Council and shared with other governments in the dominions.

If the Regent Becomes Incapable

The Regency Act 1937 also has rules for what happens if the regent becomes unable to do their job. This could be due to illness or if they are unavailable. The same group of people who can declare the monarch incapable can also declare the regent incapable.

The rules for this declaration are the same as for the monarch. It needs evidence, including from doctors if it's about illness. At least three people must sign it, and it must be given to the Privy Council.

If a regent is declared incapable, they stop being regent. The next person in line who is able to be regent takes their place. If the original regent later recovers, they can become regent again.

Taking the Regent's Oaths

Whenever a regency starts, or if there's a change in who the regent is, the new regent must take special oaths. They cannot start their duties until they have taken these oaths.

The oaths are:

  • To be loyal to the King or Queen and their future heirs.
  • To faithfully do the job of regent and rule according to the law.
  • To protect the safety, honor, and dignity of the monarch and the well-being of the people.
  • To uphold the Protestant religion in England and Scotland, as set out by law.

The new regent must take these oaths in front of the Privy Council. The Privy Council is responsible for making sure the oaths are taken and recorded.

Guardianship of the Monarch During a Regency

When a regency is in place, it means the monarch is not able to manage their own affairs. So, they need a legal guardian. The rules for this guardianship are special and are set by the Regency Act 1937.

The monarch is only under legal guardianship when there is a regency. And whenever there is a regency, the monarch is placed under legal guardianship.

The legal guardian of the monarch (who looks after their personal well-being and private property) is not always the regent. The regent performs the royal duties. The guardian looks after the monarch as a person. These two roles can be separate.

According to the Regency Act 1937:

  • If the monarch is under 18 and not married, their mother (if alive) is the guardian.
  • If the monarch is married but under 18, or if they are a married adult declared incapable, their husband or wife (if an adult) is the guardian.
  • In all other cases (for example, if the young monarch's mother is not alive, or if the monarch has no adult spouse), the regent becomes the legal guardian. The regent would then also manage the monarch's private property, unless a trust says someone else should.

Current Situation

Regency

As of 2023, if King Charles III became unable to rule, his elder son, William, Prince of Wales, would become regent.

The first person in line to the throne who is currently under 18 is Prince George of Wales. He is second in line after his father, Prince William. If Prince George became King before his 18th birthday (July 22, 2031), his uncle, Prince Harry, Duke of Sussex, would serve as regent. This is assuming Prince Harry lives in the United Kingdom, as required by the 1937 Act. Prince George's younger siblings, Charlotte and Louis, would also be too young to be regent. If Prince Harry could not be regent, the next in line would be the King's brother, Prince Andrew, Duke of York, followed by his elder daughter, Princess Beatrice.

Legal Guardianship

If King Charles III were declared unable to perform his royal duties, his wife, Queen Camilla, would become his legal guardian. If she could not do this, the role would go to the sitting regent.

If Prince George of Wales became King before he turns 18, his mother, Catherine, Princess of Wales, would be his legal guardian. If she could not do this, the role would go to the sitting regent.

See also

  • Letters Patent, 1947, for the position in Canada
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