View source for Regency Acts

{{Short description|Acts of the UK Parliament}}
{{Use dmy dates|date=April 2022}}
{{more footnotes needed|date=September 2008}}
{{Use British English|date=August 2025}}

The '''Regency Acts''' are [[Act of Parliament (United Kingdom)|acts]] of the [[Parliament of the United Kingdom]] passed at various times, to provide a [[regent]] in the event of the reigning [[British monarch|monarch]] being 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|Regency Act 1937]] made general provision for a regent, and established the office of [[Counsellor of State]], a number of whom would act on the monarch's behalf when the monarch was temporarily absent from the [[realm]] or experiencing an illness that did not amount to legal incapacity. This act, as modified by the Regency Acts of 1943 and 1953, forms the main law relating to regency in the [[United Kingdom]] today.

An example of a pre-1937 Regency Act was the [[Care of King During his Illness, etc. Act 1811]] which allowed [[George IV|Prince George]] (later King George IV) to act as regent while his father, [[King George III]], was incapacitated.

==History==
Prior to 1937, there was no permanent, general provision in British law for a [[regent]] to be appointed if the British monarch were incapacitated, a minor or absent from the country. Before the [[Glorious Revolution]], it was up to the sovereign to decide who would be regent in any event although the decision was often implemented by legislation. For example, section XI of the [[Treason Act 1554]] ([[1 & 2 Ph. & M.]] c. 10) made [[Philip II of Spain|King Philip]], the husband and co-ruler of [[Queen Mary I]], regent if Mary died and her heir was male and under 18 or an unmarried female under 15.

By the [[Act of Settlement 1701]], Parliament passed the line of succession to [[Electress Sophia of Hanover]]. That 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 the [[British Parliament]] to pass legislation to determine who would act as regent during the absence, incapacity or minority of the ruling monarch.{{Citation needed|date=February 2009}} Since then, several Regency Acts have been passed.

<gallery class="center" caption="Notable British regents">
File:The Rt. Honble. Thomas Ld. Parker Barn. of Macclesfield and Ld. High Chancelor of Great Britain etc NYPL Hades-286750-1253707) crop.jpg|{{flagicon|Kingdom of Great Britain}} [[Thomas Parker, 1st Earl of Macclesfield|Sir Thomas Parker]]<br />August–September 1714
File:King George II of England.png|{{flagicon|Kingdom of Great Britain}} [[George II of Great Britain|Prince George (future George II)]]<ref name="Pryde1996" /><br />1716–1717
File:Caroline of Ansbach2.jpg|{{flagicon|Kingdom of Great Britain}} [[Caroline of Ansbach|Queen Caroline]]<ref name="Pryde1996" /><br />{{ubli|May–September 1729|June–September 1732|May–October 1735|1736–1737}}
File:George IV by Sir Thomas Lawrence.jpg|{{flagicon|United Kingdom of Great Britain and Ireland}} [[George IV|Prince George (future George IV)]]<ref name="Pryde1996" /><br />[[Regency era|1811–1820]]
</gallery>

===Regency Act 1705 and Succession to the Crown Act 1707===
{{main|Regency Act 1705|Succession to the Crown Act 1707}}

With the passage of the [[Act of Settlement 1701]] establishing the Protestant Succession and making [[Sophia of Hanover]] the heir presumptive to the throne, it became likely that upon Queen Anne's death the country would be without a monarch in residence. The [[Regency Act 1705]] was passed "to put it [the succession] in such a method as was not to be resisted but by open force of arms and a public declaration for the [[James Francis Edward Stuart|Pretender]]".<ref>Geoffrey Holmes, ''British Politics in the Age of Anne. Revised  Edition'' (London: The Hambledon Press, 1987), p. 84.</ref>

The act required [[Privy Council of the United Kingdom|privy counsellors]] and other officers in the event of Anne's death, to [[Accession Council|proclaim as her successor]] the next Protestant in the line of succession to the throne, and it was made high treason to fail to do so. If the next Protestant successor was abroad at the death of Anne, seven great Officers of State named in the act and others whom the heir apparent thought fit to appoint, called "Lords Justices", would form a regency. The heir would name these others through a secret instrument that would be sent to England in three copies and delivered to the Hanoverian Resident, the Archbishop of Canterbury and the Lord Chancellor.<ref>Wolfgang Michael, ''England Under  George I. The Beginnings of  the Hanoverian Dynasty'' (London:  Macmillan, 1936), pp. 4–5.</ref> The Lords Justices were to have the power to give [[royal assent]] to bills except that they would be guilty of treason if they amended the [[Act of Uniformity 1662]] ([[14 Cha. 2]]. c. 4).

Two years later, after the [[Acts of Union 1707|union of Scotland and England]], the new [[Parliament of Great Britain]] passed the [[Succession to the Crown Act 1707]] ([[6 Ann. (GB)|6 Ann.]] c. 41) to reaffirm the above procedure and modify it slightly. Under the act, if the monarch died while the heir to the throne was overseas, the government would be run until the new monarch returned by between seven and fourteen "Lords Justices". Seven of the Lords Justices were named in the act, and the next monarch could appoint seven others, who would be named in writing, with three copies to be sent to the Privy Council in England.<ref>Sections 12 and 13 of the Act</ref>

The act made it treason for any unauthorised person to open them or to neglect to deliver them to the Privy Council.<ref>Section 14</ref> The Lords Justices were to have the power to give royal assent to bills, except that they would be guilty of treason if they amended the [[Act of Uniformity 1662]] or the [[Protestant Religion and Presbyterian Church Act 1707]].<ref>Section 17</ref>

Upon Anne's death in 1714, the new king, [[George I of Great Britain|George I]], was in his home realm of Hanover. In accordance with the Succession to the Crown Act, [[Thomas Parker, 1st Earl of Macclesfield|Thomas Parker]], Lord Chief Justice, became head of the regency. He served for a little over a month.<ref name="Pryde1996">{{cite book|editor-first=E. B. |editor-last=Pryde|title=Handbook of British Chronology|url=https://books.google.com/books?id=zcgxEvGAK_kC&pg=PA45|year=1996|publisher=Cambridge University Press|isbn=978-0-521-56350-5|pages=45–47}}</ref>

===Regency Act 1728===
{{Infobox UK legislation
| short_title           = Regency During the King's Absence Act 1728
| type                  = Act
| parliament            = Parliament of Great Britain
| long_title            = An Act to enable her Majesty to be Regent of this Kingdom, during his Majesty's Absence, without taking the Oaths.
| year                  = 1728
| citation              = [[2 Geo. 2]]. c. 27
| territorial_extent    = [[Great Britain]]
| royal_assent          = 14 May 1729
| commencement          = 21 January 1729{{efn|name=StartOfSession|reference=Start of session.}}
| repeal_date           = 15 July 1867
| repealing_legislation = [[Statute Law Revision Act 1867]]
| related_legislation   = {{ubli|[[Minority of Successor to Crown Act 1750]]|[[Minority of Heir to the Crown Act 1765]]}}
| status                = Repealed
| original_text         = https://books.google.co.uk/books?id=uxJSAAAAYAAJ&pg=PA76
| collapsed             = yes
}}

The second act passed by the Parliament of Great Britain to deal exclusively with a regency was in 1728, the '''Regency During the King's Absence Act 1728''' ([[2 Geo. 2]]. c. 27). It specified that [[Caroline of Ansbach|Queen Caroline]] would act as regent in the absence of her husband, King [[George II of Great Britain|George II]] rather than their son [[Frederick, Prince of Wales]], whom he despised. The act was necessary because George II was also the [[elector of Hanover]] and was returning to his homeland for a visit.

===Minority of Successor to Crown Act 1750{{anchor|Minority of Successor to Crown Act 1751}}===
<!--- This act is retrospectively dated to 1750, as it had retrospective effect to the start of the session of Parliament. Do not change to 1751 -->
{{Infobox UK legislation
| short_title           = Minority of Successor to Crown Act 1750{{efn|name=Dating1750}}<ref name=msca1750/>
| type                  = Act
| parliament            = Parliament of Great Britain
| 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.
| year                  = 1751
| citation              = [[24 Geo. 2]]. c. 24
| territorial_extent    = [[Great Britain]]
| royal_assent          = 22 May 1751
| commencement          = 17 January 1751{{efn|name=StartOfSession}}
| repeal_date           = 15 July 1867
| replaces              = [[Acts During King's Nonage Act 1547]] 
| repealing_legislation = [[Statute Law Revision Act 1867]]
| related_legislation   = {{ubli|[[Regency During the King's Absence Act 1728]]|[[Minority of Heir to the Crown Act 1765]]}}
| status                = Repealed
| original_text         = https://www.heraldica.org/topics/royalty/ukregency.htm#1751
| collapsed             = yes
}}

In 1751, [[Frederick, Prince of Wales|Prince Frederick]] died. That left Frederick's eldest son, [[George III of the United Kingdom|Prince George]], as the new heir apparent. However, George was then only 12. If the King were to die before Prince George turned 18, the throne would pass to a minor.

That made Parliament provide for a regent by passing the '''Minority of Successor to Crown Act 1750'''{{efn|name=Dating1750|Although the law received was passed in 1751, before 1793 acts of Parliament were retrospective to the start of the session of Parliament, and are officially dated accordingly; in this case to 1750.}}<ref name=msca1750>{{cite book |title=Current Law Statutes 1993 |volume=4 |page=116}}</ref> ([[24 Geo. 2]]. c. 24).<ref group=lower-alpha>Text of [http://www.heraldica.org/topics/royalty/ukregency.htm#1751 Minority of Successor to the Crown Act 1751]</ref> The act provided that George's mother, [[Princess Augusta of Saxe-Gotha|Augusta, Dowager Princess of Wales]], would act as regent and 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. The provisions of the act actually never came into force since Prince George had already come of age by the time that his grandfather died in 1760.

===Minority of Heir to the Crown Act 1765===
{{Infobox UK legislation
| short_title           = Minority of Heir to the Crown Act 1765
| type                  = Act
| parliament            = Parliament of Great Britain
| 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.
| year                  = 1765
| citation              = [[5 Geo. 3]]. c. 27
| territorial_extent    = [[Great Britain]]
| royal_assent          = 15 May 1765
| commencement          = 10 January 1765{{efn|name=StartOfSession}}
| repeal_date           = 15 July 1867
| repealing_legislation = [[Statute Law Revision Act 1867]]
| related_legislation   = 
| status                = Repealed
| original_text         = https://www.heraldica.org/topics/royalty/ukregency.htm#1766
| collapsed             = yes
}}

In 1760, King George III ascended the throne, with his brother [[Prince Edward, Duke of York and Albany]], 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)<ref group=lower-alpha>Text of [http://www.heraldica.org/topics/royalty/ukregency.htm#1766 Minority of Heir to the Crown Act 1765]</ref> provided that either the King's wife, [[Queen Charlotte]], or his mother, Princess Augusta, would act as regent.  The Act also required the formation of a Council of Regency. As with the previous act, the provision of the new act actually never came into force since when George III died, his eldest son was already aged 57.

===Regency Bill 1789===
The Regency Bill 1789 was a proposed [[Act of Parliament]] to provide that George III's eldest son, [[George IV of the United Kingdom|George, Prince of Wales]], would act as regent because of the King's incapacity caused by [[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, [[Edward Thurlow, 1st Baron Thurlow|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. [[Prince Frederick, Duke of York and Albany]], and others thought the Act to be illegal, but after 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===
{{Infobox UK legislation
| short_title           = Care of King During his Illness, etc. Act 1811
| type                  = Act
| parliament            = Parliament of the United Kingdom
| 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.
| year                  = 1811
| citation              = [[51 Geo. 3]]. c. 1
| introduced_commons    = 
| introduced_lords      = 
| territorial_extent    = 
| royal_assent          = 5 February 1811
| commencement          = 5 February 1811
| expiry_date           =
| repeal_date           = 5 August 1873
| amends                = 
| replaces              = 
| amendments            = 
| repealing_legislation = [[Statute Law Revision Act 1873]]
| related_legislation   = 
| status                = Repealed
| original_text         = 
| collapsed             = yes
}}
In late 1810, King George III was once again overcome by mental illness after the death of his youngest daughter, [[Princess Amelia of the United Kingdom|Princess Amelia]]. Parliament agreed to follow the precedent of 1789. 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 King himself could 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 and directed 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 who were appointed in the name of the King signified the granting of the royal assent to a bill that became the '''Care of King During his Illness, etc. Act 1811''' ([[51 Geo. 3]]. c. 1). Under the Act, the King was suspended from the personal discharge of the royal functions, and [[George IV|George, Prince of Wales]] discharged those functions in the name and on behalf of the King from 1811 to 1820, when the King died and the Prince of Wales succeeded to the throne.

Parliament restricted some of the powers of the Prince Regent, as the Prince of Wales became known. These constraints were in regards to appointments to certain offices, though they expired one year after the passage of the Act. The period from 1811 to 1820 is known as the [[Regency era]].

The importance of this Regency Act was that it did not require a Council of Regency, as required by previous legislation. One reason was that the Prince Regent was heir apparent to the throne in any case and so would assume full powers upon his father's death.

===Regency Act 1830===
{{main|Regency Act 1830}}
In 1830, the throne passed to George IV's younger brother (George III's third son), [[King William IV]]. However, William IV had no surviving legitimate children. The heir presumptive to the throne was his niece, [[Princess Victoria of Kent]], the 11-year-old daughter of William's dead brother [[Prince Edward, Duke of Kent and Strathearn]].

As Parliament mistrusted the surviving younger sons of George III, the '''Regency Act 1830''' ([[1 Will. 4]]. c. 2) placed any potential regency caused by the King's death before Victoria had reached 18, in her mother, [[Viktoria of Saxe-Coburg-Saalfeld|Victoria, Dowager Duchess of Kent]]. However, if Queen Adelaide gave birth to a child, that child would 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 immediately succeed Victoria in Victoria's lifetime as king or queen. The Act prohibited either monarch from marrying during the regency without the Regent's consent and made it [[high treason]] to marry the monarch without such consent, or to assist in or be concerned in the marriage. The Act also prohibited the regent from giving [[royal assent]] to a bill to change the line of succession to the throne or to repeal or alter the [[Act of Uniformity 1662]] or the Scottish [[Protestant Religion and Presbyterian Church Act 1707]].<ref>"A Collection of the Public General Statutes Passed in the First and Second Years of the Reign of His Majesty King William the Fourth, 1830, 1831." London: J. Richards, 1834.</ref>

However, since Victoria became queen at 18, and Queen Adelaide had no more children, a regency was unnecessary and so the Act never came into force.

===Lords Justices Act 1837===
{{Infobox UK legislation
| short_title           = Lords Justices Act 1837
| type                  = Act
| parliament            = Parliament of the United Kingdom
| 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.
| year                  = 1837
| citation              = [[7 Will. 4 & 1 Vict.]] c. 72
| introduced_commons    = 
| introduced_lords      = 
| territorial_extent    = 
| royal_assent          = 15 July 1837
| commencement          = 
| expiry_date           = 
| repeal_date           = 19 March 1937
| amends                = 
| replaces              = 
| amendments            = [[Promissory Oaths Act 1871]]
| repealing_legislation = Regency Act 1937
| related_legislation   = 
| status                = Repealed
| legislation_history   = 
| theyworkforyou        = 
| millbankhansard       = 
| original_text         = 
| revised_text          = 
| use_new_UK-LEG        = 
| UK-LEG_title          = 
| collapsed             = yes
}}
In 1837, Victoria succeeded her uncle at 18 while she was still unmarried and without children.  The next in the line of succession was her uncle, the 66-year-old [[Ernest Augustus, King of Hanover|Ernest Augustus, Duke of Cumberland]], who succeeded King William IV in the [[Kingdom of Hanover]]. Ernest Augustus left the [[United Kingdom of Great Britain and Ireland|United Kingdom]] to take up his role in [[Hanover]].  That meant that until the Queen married and had legitimate children, the heir presumptive to the throne and his children would reside abroad. Although they would almost certainly return to the United Kingdom in the event of Victoria dying without having been survived by a legitimate child, that would take some weeks by using 19th-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''.  The act did not provide for a specific regent to be appointed, as it was 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.

===Regency Act 1840===
{{Infobox UK legislation
| short_title           = Regency Act 1840
| type                  = Act
| parliament            = Parliament of the United Kingdom
| 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.
| year                  = 1840
| citation              = [[3 & 4 Vict.]] c. 52
| introduced_commons    = 
| introduced_lords      = 
| territorial_extent    = 
| royal_assent          = 4 August 1840
| commencement          = 4 August 1840
| expiry_date           = 
| repeal_date           = 7 August 1874
| amends                = 
| replaces              = 
| amendments            = 
| repealing_legislation = [[Statute Law Revision Act 1874 (No. 2)]]
| related_legislation   = 
| status                = Repealed
| legislation_history   = 
| theyworkforyou        = 
| millbankhansard       = 
| original_text         = 
| revised_text          = 
| use_new_UK-LEG        = 
| UK-LEG_title          = 
| collapsed             = yes
}}
By 1840, Queen Victoria had married her cousin, [[Prince Albert of Saxe-Coburg-Gotha]] and soon gave birth to [[Victoria, Princess Royal|Princess Victoria]]. 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 son (or daughter, if no sons) reached the age of 18. The Act did not require a Regency Council to operate alongside Prince Albert, which potentially gave 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. However Victoria lived until 1901 (thus her surviving children were adults by then), and in any case, Albert predeceased her and so he did not become the regent.

The Act would have prohibited the monarch from marrying during the regency without written consent from the Regent and both houses of Parliament and made it [[high treason]] to marry the monarch without such consent, or to assist in or be concerned in the marriage. The Act also prohibited the regent from giving [[royal assent]] to a bill to change the line of succession to the throne or a bill to repeal or alter the [[Act of Uniformity 1662]] or the Scottish [[Protestant Religion and Presbyterian Church Act 1707]].<ref>''A Collection of the Public General Statutes Passed in the Third and Fourth Year of the Reign of Her Majesty Queen Victoria, 1840''. London: Eyre & Spottiswoode (1840), pp. 301–304.</ref>

===Regency Act 1910===
{{Infobox UK legislation
| short_title           = Regency Act 1910
| type                  = Act
| parliament            = Parliament of the United Kingdom
| 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.
| year                  = 1910
| citation              = [[10 Edw. 7. & 1 Geo. 5]]. c. 26
| introduced_commons    = 
| introduced_lords      = 
| territorial_extent    = 
| royal_assent          = 3 August 1910
| commencement          = 
| expiry_date           = 
| repeal_date           = 
| amends                = 
| replaces              = 
| amendments            = 
| repealing_legislation = Statute Law Revision Act 1927
| related_legislation   = 
| status                = 
| legislation_history   = 
| theyworkforyou        = 
| millbankhansard       = 
| original_text         = https://www.legislation.gov.uk/ukpga/Edw7and1Geo5/10/26/contents/enacted
| revised_text          = 
| use_new_UK-LEG        = 
| UK-LEG_title          = 
| collapsed             = yes
}}

In 1910 King Edward VII's son, [[King George V]], succeeded to the throne. However, his children were all under the age of 18. Therefore, Parliament passed the '''Regency Act 1910''' ([[10 Edw. 7. & 1 Geo. 5]]. c. 26) in 1910, that named the king's consort, [[Mary of Teck|Queen Mary]], as regent. No regency council was provided for, following the Regency Act 1840. As in previous legislation, this Act again prohibited the regent from giving [[royal assent]] to a bill to change the line of succession to the throne or a bill to repeal or alter the Scottish [[Protestant Religion and Presbyterian Church Act 1707]].<ref> Section 4 of the [https://www.legislation.gov.uk/ukpga/Edw7and1Geo5/10/26/contents/enacted Regency Act 1910 (as enacted)], at the National Archives website (retrieved 29 May 2025).</ref>

Once again, the provisions of this act never came into operation, as [[Edward VIII|the Prince of Wales]] was well over 18 by the time George V died.

==Acts currently in force governing the establishment of a regency==

The Acts currently in force governing 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===
<!-- This section is linked from [[British monarchy]] and [[Lord Chancellor]] -->
{{Infobox UK legislation
| short_title           = Regency Act 1937{{efn|Section 8(1).}}
| type                  = Act
| parliament            = Parliament of the United Kingdom
| 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.
| year                  = 1937
| citation              = [[1 Edw. 8. & 1 Geo. 6]]. c. 16
| introduced_commons    = [[Stanley Baldwin]]<ref>[https://hansard.parliament.uk/Commons/1937-01-27/debates/6841f76a-d4d4-4ca5-8ee1-2c3d6b34f0e6/RegencyBill ''Hansard''], House of Commons, 27 January 1937</ref>
| territorial_extent    = [[United Kingdom]]
| royal_assent          = 19 March 1937
| commencement          = 19 March 1937{{efn|The Acts of Parliament (Commencement) Act 1793]].}}
| repeal_date           = 
| amends                = [[Act of Settlement 1701]] 
| replaces              = 
| amendments            = {{ubli|Regency Act 1943|Regency Act 1953|Succession to the Crown Act 2013}}
| repealing_legislation = 
| related_legislation   = {{ubli|[[Protestant Religion and Presbyterian Church Act 1707]]|[[Maintenance of Church of England Act 1706]]}}
| status                = Amended
| original_text         = http://www.legislation.gov.uk/ukpga/1937/16/contents/enacted
| revised_text          = http://www.legislation.gov.uk/ukpga/1937/16/contents
| use_new_UK-LEG        = yes
| UK-LEG_title          = Regency Act 1937
| collapsed             = yes
}}

In 1936, [[George VI]] (George V's second son) became king, with his elder daughter, [[Elizabeth II|Princess Elizabeth]], as heir 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. 16), 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 ordered that a regent should perform the royal functions if "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".<ref name="1937 Act">{{cite web |title=House of Commons – A new Magna Carta? – Political and Constitutional Reform |url=https://publications.parliament.uk/pa/cm201415/cmselect/cmpolcon/463/46311.htm |website=publications.parliament.uk |access-date=29 August 2021}} [[file:Crowned Portcullis.svg|18px]] Text was copied from this source, which is available under the [https://www.parliament.uk/site-information/copyright-parliament/open-parliament-licence/ Open Parliament Licence v3.0]. © UK Parliament.</ref> Such a determination must be made by at least three of:

* the [[List of British royal consorts|wife or husband of the Sovereign]]
* the [[Lord Chancellor]]
* the [[Speaker of the House of Commons (United Kingdom)|Speaker of the House of Commons]]
* the [[Lord Chief Justice of England]]
* the [[Master of the Rolls]]<ref name="1937 Act"/>

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
* capable of succeeding to the Crown under the terms of the [[Act of Settlement 1701]]

The counsellors of state were to consist of:

* the monarch's consort
* the next four people in the line of succession over the age of 21, excluding any person who is disqualified from being regent

Thus, at the time of the passing of the Act, [[Prince Henry, Duke of Gloucester]] would have become regent in the event that King George VI died while Princess Elizabeth was still a minor. The current prospective regent under the Act, who would assume the functions of regent should [[Charles III]] become incapacitated, would be his elder son [[William, 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]]. (This copied section 4 of the Regency Act 1910.)

===Regency Act 1943===
{{Infobox UK legislation
|short_title=Regency Act 1943
|type=Act
|parliament= Parliament of the United Kingdom
|long_title=An Act to amend the law as to the delegation of royal functions to Counsellors of State.
|year=1943|statute_book_chapter=[[6 & 7 Geo. 6]]. c. 42
|introduced_lords=[[John Simon, 1st Viscount Simon|Viscount Simon]]<ref>[https://hansard.parliament.uk/Lords/1943-09-23/debates/9185ac63-e3d2-4dd6-bdee-f153dda59a4c/RegencyBillHl ''Hansard''], House of Lords, 23 September 1943</ref>
|territorial_extent=
|royal_assent=11 November 1943
|commencement=11 November 1943
|repeal_date=
|amendments=
|related_legislation=
|repealing_legislation=
|status=Current
|original_text=http://www.legislation.gov.uk/ukpga/1943/42/enacted
|revised_text=http://www.legislation.gov.uk/ukpga/1943/42
| collapsed             = yes
}}

The '''Regency Act 1943''' ([[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; this would allow then-Princess Elizabeth to begin serving as a counsellor shortly after the passage of the act (her 18th birthday being 21 April 1944).

===Regency Act 1953===
<!-- This section is linked from [[British monarchy]] -->
{{Infobox UK legislation
|short_title=Regency Act 1953
|type=Act
|parliament= Parliament of the United Kingdom
|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.
|year=1953
|statute_book_chapter=[[2 & 3 Eliz. 2]]. c. 1
|introduced_commons=[[Winston Churchill]]<ref>[https://hansard.parliament.uk/Commons/1953-11-05/debates/69e69170-5c85-4f15-8a54-47321dde541e/RegencyBill ''Hansard''], House of Commons, 5 November 1953.</ref>
|territorial_extent=
|royal_assent=19 November 1953
|commencement=19 November 1953
|repeal_date=
|amendments=
|related_legislation=
|repealing_legislation=
|status=Current
|original_text=http://www.legislation.gov.uk/ukpga/1953/1/enacted
|revised_text=http://www.legislation.gov.uk/ukpga/1953/1
| collapsed             = yes
}}

In 1952 King George VI died and was succeeded by his elder daughter, [[Queen Elizabeth II]]. With her eldest son and heir apparent, [[Prince Charles]], 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, Countess of Snowdon|Princess Margaret]], to act as regent. However, although 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, Duke of Edinburgh]], while still under the age of 18 years. That provision, which ceased to have any relevance in law once all children of Elizabeth and 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 Elizabeth II's reign, the Duke of Edinburgh would act as regent if the Queen had no eligible children or grandchildren.

At the bill's second reading, [[David Maxwell-Fyfe]], the Home Secretary, explained:

{{blockquote|The Amendment is confined to the Duke, and accordingly, in the event of the Duke's death, which we all fervently hope will not occur for many years, the Amendment would cease to have effect, and in the circumstances in which provision is made by the Bill for the Duke being the Regent, the Princess Margaret would, if alive, be Regent. This is in no sense an exclusion Bill.<ref>[https://hansard.parliament.uk/Commons/1953-11-11/debates/104c67ee-7da6-4ec6-b96f-678919ba7c3e/RegencyBill ''Hansard''], House of Commons, 11 November 1953</ref>}}

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.

Most of the provisions of the Regency Act 1953 ([[2 & 3 Eliz. 2]]. c. 1) ceased to be applicable as the Queen's children came of age. The sole provision of the 1953 Act that is still relevant is section 2, which reduced to 18 the age at which the heir-apparent or heir-presumptive to the throne could become Regent. This was done to remove 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. In 1937, when the bill was still in committee, the attorney-general [[Donald Somervell, Baron Somervell of Harrow|Donald Somervell]] had said:

<blockquote>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.<ref>[https://api.parliament.uk/historic-hansard/commons/1937/feb/04/clause-3-the-regent Hansard], 4 February 1937, column 1829.</ref></blockquote>

===Counsellors of State Act 2022===
{{Infobox UK legislation
| short_title = Counsellors of State Act 2022
| type = Act
| parliament = Parliament of the United Kingdom
| 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.
| year = 2022
| citation = [[List of acts of the Parliament of the United Kingdom from 2022|2022]] c. 47
| introduced_commons = [[Oliver Dowden]] MP, [[Chancellor of the Duchy of Lancaster]]
| introduced_lords = [[Nicholas True, Baron True|Lord True]]<ref>[https://hansard.parliament.uk/lords/2022-11-15/debates/9CA2B493-E10E-4584-B379-158AC992450F/CounsellorsOfStateBill(HL) ''Hansard''], House of Lords, 15 November 2022.</ref>
| territorial_extent = 
| royal_assent = 6 December 2022
| commencement = 7 December 2022
| expiry_date = 
| repeal_date = 
| amends = 
| replaces = 
| amendments = 
| repealing_legislation = 
| related_legislation = 
| status = current
| legislation_history = https://bills.parliament.uk/bills/3366
| theyworkforyou = 
| millbankhansard = 
| original_text = http://www.legislation.gov.uk/ukpga/2022/47/enacted
| revised_text = 
| use_new_UK-LEG = 
| UK-LEG_title = Counsellors of State Act 2022
| collapsed = yes
}}

The '''Counsellors of State Act 2022''' (c. 47) appointed [[Anne, Princess Royal]] and [[Prince Edward, Duke of Edinburgh|Prince Edward, Earl of Wessex (now Duke of Edinburgh)]] as additional Counsellors of State for their lifetimes,<ref>{{cite web|url=https://www.legislation.gov.uk/ukpga/2022/47/enacted|title=Counsellors of State Act 2022|publisher=The National Archive|accessdate=7 December 2022}}</ref> a position each had previously held but subsequently lost when [[Prince William]] and [[Prince Harry]] respectively reached the age of eligibility<!--21 for most, but 18 for heir apparent-->. This was reported as intended to avoid the possible necessity of [[Prince Andrew, Duke of York]], beset by scandals, acting as a Counsellor of State.<ref>{{cite news|title=What can the King do about Prince Andrew scandals?|publisher=BBC News|date=12 October 2025|url=https://www.bbc.co.uk/news/articles/c04q4v64q05o}}</ref>

==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 monarch 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 the monarch attains the age of 18 years, the royal functions are discharged by the regent in the name and on behalf of the monarch.

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 or unavailability===
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 another 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.

====Declarations of incapacity and capacity====
According to section 2 of the Regency Act 1937, the people who can make a declaration of incapacity (or a declaration that the incapacity has ended) are the sovereign's consort, the [[Lord Chancellor]], the [[Speaker of the House of Commons (United Kingdom)|Speaker of the House of Commons]], the [[Lord Chief Justice of England and Wales]], and the [[Master of the Rolls]]. {{As of|2025|09|05}} these positions are held by, respectively, [[Queen Camilla]], [[David Lammy]], [[Lindsay Hoyle|Sir Lindsay Hoyle]], [[Sue Carr, Baroness Carr of Walton-on-the-Hill|Baroness Carr of Walton-on-the-Hill]], and [[Geoffrey Vos|Sir Geoffrey Vos]].

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 for 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 including evidence provided by physicians.

A declaration of incapacity or of cessation of incapacity needs to be made to the Privy Council and communicated to the governments of the [[dominion]]s.

==Incapacity of the Regent==
{{unreferenced section|date=February 2024}}
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, then the spouse of the regent, 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.<ref>Sections 2 and 3(5).</ref>

The requirements for that declaration of incapacity are the same ones that are valid with regard to 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,"<ref>{{Cite web |others=Expert Participation |title=Regency Act 1937 |url=https://www.legislation.gov.uk/ukpga/Edw8and1Geo6/1/16 |archive-url=https://web.archive.org/web/20250114110732/https://www.legislation.gov.uk/ukpga/Edw8and1Geo6/1/16 |archive-date=14 January 2025 |access-date=2025-02-13 |website=www.legislation.gov.uk |language=en |url-status=live }}</ref> 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:{{citation needed|date=October 2021}}

{{blockquote|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".{{citation needed|date=October 2021}}

==Guardianship of the sovereign during a regency==
Unlike the situations of minor infirmity or of travel abroad that allow for the possible delegation of the royal functions by the monarch to [[counsellors of state]] (as authorised by section 6 of the Regency Act 1937), the establishment of a regency carries with it the notion that the sovereign is not fit and able to administer the affairs of his own person, so that he needs a legal guardian. The guardianship of the monarch, however, is not governed by the same ordinary body of laws that regulate the appointment of legal guardians to people in general. Instead of the legal guardian of the sovereign being appointed by a court based on the recommendations of the social services, the guardianship of the monarch is provided for directly by Regency Act 1937, presently in force.

Because the sovereign in his or her private capacity is not subject to the jurisdiction of the courts, the institution of a regency remains the sole method of placing the person of the sovereign under legal guardianship. And, according to the provisions of the Regency Acts in force, the creation of a regency to discharge the royal functions and the legal guardianship of the monarch go hand in hand: the monarch is only subject to legal guardianship when there is a regency, and always when there is a regency the monarch is placed under legal guardianship.

The legal guardianship of the person of the monarch (with the corresponding power to administer the private property of the sovereign) does not necessarily rest with the regent. However, if the none of the prospective guardians provided for in the statute exist, then, also according to the statute, the regent becomes the guardian of the sovereign. Accordingly, during a regency, the regent is the person invested with the royal authority, that discharges the royal functions on behalf of the monarch. The guardian, on the other hand, has the legal custody of the sovereign (who is either a minor or an incapacitated person) and the duty to care for the monarch's personal well-being. The two roles may or may not be combined.

According to section 5 of the Regency Act 1937,<ref>[http://www.legislation.gov.uk/ukpga/Edw8and1Geo6/1/16/section/5 Section 5 of the Regency Act 1937], at The National Archives</ref> if the monarch is under the age of eighteen years and unmarried, then his or her mother, if living, shall have the guardianship of the monarch's person. On the other hand, if the sovereign is married, but is still under the age of eighteen years, or if the sovereign is a married adult, but has been declared incapable for the time being of performing the royal functions, then the wife or husband of the sovereign, if of full age, shall have the guardianship of the person of the monarch. In all other cases except the two situations described above (that is, if the sovereign is unmarried and under the age of eighteen years, but his mother is no longer living; or if the sovereign is married, but the wife or husband is not of full age; or if the sovereign has been declared incapable of performing the royal functions, but does not have a wife or husband), then the regent shall be the legal guardian of the monarch and shall have custody of his or her person, and the property of the sovereign, except any private property which in accordance with the terms of any trust affecting it is to be administered by some other person, shall be administered by the regent.<ref name="1937 Act"/>

==Current position==
===Regency===
{{As of|2025}}, under the provisions of the Regency Acts in force, [[William, Prince of Wales]], would become regent in the event of the incapacity of his father, King [[Charles III]].<ref>{{cite news |title=What is a regency and how would King Charles transfer power to William? |url=https://www.independent.co.uk/life-style/royal-family/regency-act-king-charles-cancer-william-b2495315.html |work=The Independent |date=13 February 2024 |language=en}}</ref>

{{As of|2025}}, the first person under the age of 18 in the line of succession to the throne is William's eldest child [[Prince George of Wales]], who is second in line to the throne after his father. If the prince were to succeed to the throne before his 18th birthday on 22 July 2031, his uncle, [[Prince Harry, Duke of Sussex]] (Charles's younger son), would serve as regent (if domiciled in the United Kingdom, as required by the 1937 Act), as George's younger siblings [[Princess Charlotte of Wales (born 2015)|Charlotte]] and [[Prince Louis of Wales|Louis]] (currently third and fourth in line, respectively) would also be minors. In the event that Prince Harry would be unable to serve as regent, a possibility since his 2019 decision to take up residence in the United States, the next in line would be Charles's brother (Prince George's great-uncle) [[Andrew Mountbatten-Windsor]], followed by Andrew's elder daughter [[Princess Beatrice]].<ref>{{cite web |title=Can Prince George become King as a child and what would happen if he did? |url=https://www.womanandhome.com/life/royal-news/can-prince-george-be-king-as-a-child/ |website=Woman & Home |access-date=14 November 2025 |language=en |date=1 March 2024}}</ref>

===Legal guardianship===
If the King were to be declared incapable of discharging the royal functions, the legal guardianship of the incapacitated monarch would be vested in his consort, [[Queen Camilla]]. If she were to be unable to carry out the duties of legal guardian, they would then revert to the sitting regent.<ref>Regency Act 1937, section 5.</ref>

Prince George of Wales, should he ascend to the throne prior to his 18th birthday on 22 July 2031, would be the first person in the present line of succession who would require a regency and legal guardianship until he turned 18. According to the Regency Acts as currently in force, should this occur, his legal guardianship would be vested in his mother, [[Catherine, Princess of Wales]]. If she were to be unable to carry out the duties of legal guardian, they would then revert to the sitting regent.<ref>Section 5.</ref>

==See also==
*[[Letters Patent, 1947]], for the position in Canada

== Explanatory notes ==
{{reflist|group=lower-alpha}}

==References==
{{Lacking ISBN|date=December 2024}}{{reflist}}

==External links==
* {{UK-LEG|path=ukpga/Edw8and1Geo6/1/16/contents|title=Regency Act 1937 (c. 16)}}
* {{UK-LEG|path=ukpga/Geo6/6-7/42|title=Regency Act 1943 (c. 42)}}
* {{UK-LEG|path=ukpga/Eliz2/2-3/1/contents|title=Regency Act 1953 (c. 1)}}
* [http://www.heraldica.org/topics/royalty/ukregency.htm Heraldica.org website on Regency]

{{Succession to the British throne}}
[[Category:Acts of the Parliament of Great Britain]]
[[Category:Acts of the Parliament of the United Kingdom]]
[[Category:Constitutional laws of the United Kingdom]]
[[Category:Regency (government)|Acts]]