Regency Acts 1831 to 1953

Contents

Introduction

To be completed.

Texts


Sources:  Statutes at Large (Regency Act 1831), 10 Halsbury's Statutes (Constitutional Law, Pt 2) 71-77.


REGENCY ACT 1831

(1 Will 4 c 2)

An Act to provide for the Administration of the Government in case the Crown should descend to Her Royal Highness the Princess Alexandrina Victoria, Daughter of His late Royal Highness the Duke of Kent, being under the Age of  Eighteen Years and for the Care and Guardianship of Her Person.  [23d December 1830.]

Most Gracious Sovereign,
"WHEREAS Your Majesty, impelled by the deep Solicitude which Your Majesty feels for the Welfare of Your People. was graciously pleased to recommend from the Throne to both Houses of Parliament that they should take into their immediate Consideration the Provisions which it might be advisable to make for the Exercise of the Royal Authority in case it should please Almighty God to terminate Your Majesty's Life (for the long Continuance of which we offer up our most fervent Prayers to Heaven) before Your Majesty's Successor should have arrived at Years of Maturity and that Your Majesty would be prepared to concur with Your Two Houses of Parliament in the Adoption of those Measures which might appear best calculated to maintain unimpaired the Stability and Dignity of Your Crown, and thereby to strengthen the Securities by which the Civil and Religious Liberties of Your Majesty's People are guarded : And whereas in return for this paternal Goodness, with the most cordial Sense of Duty and Gratitude to Your Majesty for the tender Concern and Regard so uniformly and now more especially demonstrated for the Happiness of Your People, and for the Security of their Civil and Religious Liberties, we have taken this important Business into our Consideration, and, being thoroughly convinced of the Wisdom and Expedienicy of what Your Majesty has thought fit to recommend, are firmly and zealously determined to contribute every thing in our Power upon this Occasion to maintain unimpaired the Stability, and Dignity of Your Majesty's Crown, and to confirm the Securities which guard our Civil and Religious Liberties:"

We therefore, Your  Majesty's  most dutiful and loyal Subject, the Lords Spiritual and Telliporal, and Commons, in Parliament assembled do most humbly beseech Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if at the Demise of His present Majesty (whom God long preserve) there shall be no Issue of His said Majesty then living born of Her present Majesty and Her Royal Highness the Princess Alexandrina Victoria shall be then living, and under the Age of Eighteen Years, Her Royal Highness Victoria Maria Louisa Duchess of Kent  shall be the Guardian, and have the Care, Tuition, and Education of the Person of Her said Royal Highness the Princess Alexandrina Victoria, until Her said Royal Highness the Princess Alexandrina Victoria shall attain the Age of Eighteen Years, and shall, till such Age, have the Disposition, Ordering, and Management of all Matters and Things relating thereto ; and Her said Royal Highness the Duchess of Kent shall, during such Minority, but no longer, have full Power and Authority, in the Name of Her said Royal Highness the Princess Alexandrina Victoria and in Her Stead, and under the Style and Title of Regent of the United Kingdom of Great Britain and Ireland, to exercise and administer, according to the Laws and Constitution thereof, the Regal Power and Government of this Realm, and all the Dominions, Countries, and Territories to the Crown of the said United Kingdom belonging, and shall use, execute, and perform all Prerogatives, Authorities, and Acts of Government which belong to the King or Queen of this Realm to use, execute, or perform, according to the Laws thereof, but in such Manner, and subject to such Conditions, Restrictions, Limitations, and Regulations, as are hereinafter for that Purpose specified, mentioned, and contained: Provided always, that if, after the Demise of His said Majesty, a Child of His said Majesty should be born of Her said Majesty, all the Power and Authority by, this Act given and granted to Her said Royal Highness the Duchess of Kent shall, upon the Birth of such Child, cease and determine.

II. And be it further enacted, That if at the Demise of His said Majesty, leaving Her said Majesty Him surviving, there shall not be any Child of' His said Majesty then living born of Her said Majesty and Her Royal Highness the Princess Alexandrina Victoria shall be then living, the Privy Council shall forthwith cause Her
said Royal Highness the Princess Alexandrina Victoria to be openly and solemnly proclaimed as Sovereign of this Realm, in such Marmer and Form as the preceding Kings and Queens respectively have been usually proclaimed after the Demise of their respective Predecessors, but subject to and saving the Rights of
any Issue of His said Majesty which may afterwards be born of Her said Majesty; and in every Case in which by Law an Oath or Declaration or Assurance of Allegiance to the Sovereign, or asserting the Title of the Sovereign, is required to be taken, made, or subscribed, there shall be added to such Oath Declaration,
and Assurance the Words following:—"Saving the Rights of any Issue of His late Majesty King William the Fourth which may be born of His late Majesty's Consort;" which Addition shall be continued until Parliament shall otherwise order.

III. And be it further enacted by the Authority aforesaid, That if at the Demise of His said Majesty there shall not be any  Child of His said Majesty then living born of Her said Majesty and Her said Majesty shall survive His said Majesty and a Child of His said Majesty shall after the Death of His said Majesty be born of Her said Majesty, in such Case Her said Majesty shall  be the Guardian, and have the Care, Tuition, and Education of  the Person of such Child  until such Child shall attain the Age of Eighteen Years, and shall, till such Age, have the Disposition, Ordering, and Management of all Matters and Things relating thereto; and Her said Majesty shall during such Minority and no longer, have full Power and Authority, in the Narne of such Child, and in his or her Stead, and under the Style and Title of Regent of the United Kingdom of Great Britain and Ireland, to exercise and administer, according to the Laws and Constitution thereof, the Regal Power and Government of' this Realm, and all the Dominions, Countries, and Territories to the Crown thereof belonging ; and shall use, execute, and perform all Prerogatives, Authorities, and Acts of Government and Administration of Government which belong to the King or Queen of this Realm to use, execute, and perform, according to the Laws thereof, but in such Manner, and subject to such Conditions, Restrictions, Limitations, and Regulations, as are hereinafter for that Purpose specified, mentioned, and contained.

IV. And be it further enacted by the Authority aforesaid, That the Privy Council shall, upon the Birth of such Child, without Delay, cause such Child. as the Successor entitled to the Crown of these Realms, to be openly and solemnly proclaimed, in such Manner and Form as the Kings and Queens have been usually proclaimed after the Demise of their respective Predecessors.

V. And be it further enacted by the Authority aforesaid, That upon the Birth of such Child the Two Houses of Parliament shall forthwith assemble, and all the Laws and Regulations now in force in regard to the Meeting, the Sitting, the Continuance, the Prorogation, and the Dissolution of Parliament, and to the Continuance of the Privy Council, and of Persons in their Offices, Places, and Employments, upon the Demise of the Crown and the Accession of the Successor, shall be deemed and taken to apply to the Succession of such Child, in the same Manner as if such Child had succeeded to the Crown upon the Demise of Her Royal Highness the Princess Alexandrina Victoria, and as Her Heir.

VI. And be it further enacted by the Authority aforesaid, That all Acts of Royal Power, Prerogative, Government, or Administration of Government, of what Nature or Kind soever, which shall be done or executed during the Regency established by this Act otherwise than by and with the Consent and Authority of the
said Regent for the Time being, in the Manner and according to the Directions of this Act set forth and prescribed, shall be absolutely null and Void to all Intents and Purposes.

VII. And be it further enacted by the Authority aforesaid, That the Regent, before she shall act or enter upon her said Office of Regent, or within one Calendar Month after, shall take the following Oaths; (that is to say,)
"I A. B. do solemnly promise and swear, That I will truly and faithfully execute the Office of Regent of the United Kingdom of Great Britain and Ireland, according to an Act of Parliament made in the First Year of His Majesty King William the Fourth, intituled An Act to provide for the Administration Of the Government in case the Crown should descend to Her Royal Highness the Princess Alexandrina Victoria, Daughter of His late Royal Highness the Duke of Kent, being under the Age of Eighteen Years, and for the Care and Guardianship of Her Person; and that I will administer the Government of this Realm, and of all the Dominions thereunto belong ing according to the Laws, Customs and Statutes thereof; and will in all Things to the utmost of My Power and Ability, consult and maintain the Safety, Honour, and Dignity of His or Her (as the Case shall require) Majesty, and the Welfare of His or Her (as the Case shall require) People.   So help me GOD."
"I DO faithfully promise and swear, That I will inviolably maintain and preserve the Settlement of the true Protestant Religion with the Government, Discipline, Rights, and Privileges of the Church of Scotland, as established by Law.  So help me GOD."

Which Oaths shall be taken before the Privy Council then in being, who are hereby required and empowered to administer the same, and to enter the same in the Council Books.

VIII.  And be it further enacted,   That the said  Regent  shall, at the Time of Her taking such Oaths as aforesaid, and before the the Members of the Privy Council administering the same, make, subscribe, and audibly repeat the Declaration mentioned  in an Act made in the Thirtieth Year of King Charles the Second, intituled An Act for the more effectual preserving the King's Person and Government, by disabling Papists from  Sitting in either House of Parliament, and shall  produce a Certificate of Her having received the Sacrament of the Lord's Supper in any of the Royal Chapels, signed by the persons administering the same, which Certificate shiall be sufficient Evidence of the said Regent's having received the Sacrament; and such Declaration and Certificate shall respectively be registered in the Books of the privy Council.

IX. And be it further enacted by, the Authority aforesaid, That it shall not be lawful for the King or Queen of this Realm, for whom a Regent is hereby appointed, to intermarry before His or Her Age of Eighteen Years with any person whomsoever, without the Consent in Writing of the Regent, and every Marriage so had without such Consent shall be null and void to all Intents and Purposes; and every Person who shall be acting, aiding, abetting, or concerned in obtaining, procuring, or bringing about any such Marriage, and the Person who shall be so married to such King or Queen under the Age of Eighteen Years, shall be guilty of High Treason, and suffer and forfeit as in Cases of High Treason.

X. Provided always, and be it further enacted by the Authority aforesaid, That the Regent shall not give or have Power to give the Royal Assent to any Bill or Bills in Parliament for repealing, changing, or in any respect varying from the Order and Course of Succession to the Crown of this Realm as the same stands now established in the illustrious House of Hanover by the Act of the Twelfth Year of the Reign of King William the Third, intituled An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject ; or to any Act for repealing or altering the Act made in the Thirteenth Year of the Reign of King Charles the Second, intituled An Act for the of Public Prayers, and Administration of Sacraments, and other Rites, and Ceremonies ; and for establishing theForm of making, ordaining, and consecrating Bishops, Priests, and Deacons in the Church of England; or one Act of the Fifth Year of the Reign of Queen Anne, made in Scotland, intituled An Act for securing the Protestant Religion and Presbyterian Church Government.

XI. Provided always, and be it further enacted, That if either of the Persons by this Act nominated  to be Guardian and Regent as aforesaid shall at any Time marry a Person professing the Roman Catholic Religion, or if Her Royal Highness the Duchess of Kent shall during the Lifetime of His Majesty marry, without His said Majesty's Consent, any Person other than a natural-born Subject of this Realm, She shall be and become, from and immediately after such Marriage, absolutely incapable of holding or exercising such Office of Guardian and Regent; and that if either of such Persons shall, at any Time after becoming such Guardian and Regent, marry a Person professing the Roman Catholic Religion, or, without the Consent of the Two Houses of Parliament, marry any Person other than a natural-born Subject of this Realm, or shall cease to reside in or absent Herself from the United Kingdom of Great Britain and Ireland, then and in either of such Cases such Person shall no longer be Guardian and Regent, and all the Powers and Authorities which She may have derived under and by virtue of this Act shall thenceforth cease and determine.

XII. Provided always, That in case of the Death of Her present Majesty, and of the subsequent Marriage of His Majesty, this Act, and all the Powers, Provisions, and Enactments thereof, shall cease and be void.
 


REGENCY ACT 1937

(1 Edw 8 & 1 Geo 6 c 16)

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  [19 March 1937]


Notes
This Act was passed as a consequence of the illnesses of King George V in 1928 and 1936.  It makes permanent provision for the exercise of Royal Authority during the minority or incapacity of the Sovereign.
Regency Acts 1937 to 1953.  By the Regency Act 1953, s 4(1), the following Acts may be cited together by the above collective title: the Regency Act 1937 (this Act), the Regency Act 1943 and the Regency Act 1953, all this part of this title post.
These Acts are not affected by the operation of the Family Law Reform Act 1969, s 1; see s 1(4) of, and Sch 2, para 1 to, that Act, Vol 6, title Children.
Northren Ireland.  This Act applies.

1 Regency while the Sovereign is under eighteen

  1. If the Sovereign is, at His Accession, under the age of eighteen years, then, until He attains that age, the royal functions shall be performed in the name and on behalf of the Sovereign by a Regent.
  2. For the purpose of any enactment requiring any oath or declaration to be taken, made, or subscribed, by the Sovereign on or after His Accession, the date on which the Sovereign attains the age of eighteen years shall be deemed to be the date of His Accession.

Notes
Enactement requiring any oath ... to be taken.  See the Accession Declration Act 1910, this part of this title ante.


Regency during total incapacity of the Sovereign

  1. If the following persons or any three or more of them, that is to say, the wife or husband 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, 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.
  2. A declaration under this section shall be made to the Privy Council and communicated to the Governments of His Majesty's Dominions and to the Government of India.

Notes
His Majesty's Dominions.   This signifies the territories under the sovereignty of the Crown; see further, as to the meaning of this expression, 6 Halsbury's Laws (4th edn reissue) para 803.
The requirement contained in sub-s (2) was excluded by the Ireland Act 1949, s 3(3), Vol 7, Title Commonwealth and Other Territories (Pt 3).


3 The Regent

  1. If a Regency becomes necessary under this Act, the Regent shall be that person who, excluding any persons disqualified under this section, is next in the line of succession to the Crown.
  2. A person shall be disqualified from becoming or being Regent, if he is not a British subject of full age and domiciled in some part of the United Kingdom, or is a person who would, under section two of the Act of Settlement, be incapable of inheriting, possessing, and enjoying the Crown; and section three of the Act of Settlement shall apply in the case of a Regent as it applies in the case of a Sovereign.
  3. If any person who would at the commencement of a Regency have become Regent but for the fact that he was not then of full age becomes of full age during the Regency, he shall, if he is not other-wise disqualified under this section, thereupon become Regent instead of the person who has theretofore been Regent.
  4. If the Regent dies or becomes disqualified under this section, that person shall become Regent in his stead who would have become Regent if the events necessitating the Regency had occurred immediately after the death or disqualification.
  5. Section two of this Act shall apply in relation to a Regent with the substitution for references to the Sovereign of references to the Regent, and for the words "those functions shall be performed in the name and on behalf of the Sovereign by a Regent" of the words "that person shall be Regent who would have become Regent if the Regent had died."

Notes
Succession to the Crown.  This is regulated by the Act of Settlement (1700), Pt 1 of this title ante.
 Full age. The heir apparent or heir presumptive to the Throne is deemed for all purposes of this Act to be of full age if he or she has attained the age of eighteen years; see the Regency Act 1953, s 2, this part of this title post.
Act of Settleemnt (1700), ss 2, 3.  See Pt 1 of this title ante.


4 Oaths to be taken by, and limitations of power of, Regent

  1. The Regent shall, before he acts in or enters upon his office, take and subscribe before the Privy Council the oaths set out in the Schedule to this Act, and the Privy Council are empowered and required to administer those oaths and to enter them in the Council Books.
  2. The Regent shall not have power to assent to any Bill for changing the order of succession to the Crown or for repealing or altering an Act of the fifth year of the reign of Queen Anne made in Scotland entitled "An Act for Securing the Protestant Religion and Presbyterian Church Government".

Notes
Act of 5 Anne. This is an Act of the Parliament of Scotland, which is reprinted in the Union with Scotland Act 1706, s 2, Pt 1 of this title ante.

5 Guardianship, etc, of Sovereign during Regency

During a Regency, unless Parliament otherwise determines,
  1. if the Sovereign is under the age of eighteen years and unmarried, His mother, if she is living, shall have the guardianship of His person;
  2. if the Sovereign, being married, is under the age of eighteen years or has been declared under this Act to be incapable for the time being of performing the royal functions, the wife or husband of the Sovereign, if of full age, shall have the guardianship of the person of the Sovereign;
  3. the Regent shall, save in the cases aforesaid, have the guardianship of the person of the Sovereign; 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.

Power to delegate royal functions to Counsellors of State

  1. In the event of illness not amounting to such infirmity of mind or body as is mentioned in section two of this Act, or of absence or intended absence from the United Kingdom, the Sovereign may, in order to prevent delay or difficulty in the despatch of public business, by Letters patent under the Great Seal, delegate, for the period of that illness or absence, to Counsellors of State such of the royal functions as may be specified in the Letters Patent, and may in like manner revoke or vary any such delegation:

  2.  

     

    Provided that no power to dissolve Parliament otherwise than on the express instructions of the Sovereign (which may be conveyed by telegraph), or to grant any rank, title or dignity of the peerage may be delegated.

  3. [Subject as hereinafter provided, the Counsellors of State shall be the wife or husband of the Sovereign (if the Sovereign is married), and the four persons who, excluding any persons disqualified under this section, are next in the line of succession to the Crown, or if the number of such persons next in the line of succession is less than four, then all such persons:

  4.  

     

    Provided that, if it appears to the Sovereign that any person who, in accordance with the foregoing provisions of this subsection, would be required to be included among the Counsellors of State to whom royal functions are to be delegated, is absent from the United Kingdom or intends to be so absent during the whole or any part of the period of such delegation, the Letters Patent may make provision for excepting that person from among the number of Counsellors of State during the period of such absence.]

    [(2A) ... any person disqualified under this Act from being Regent shall be disqualified from being a Counsellor of State.]

  5. Any functions delegated under this section shall be exercised jointly by the Counsellors of State, or by such number of them as may be specified in the Letters Patent, and subject to such conditions, if any, as may be therein prescribed.
  6. The provisions of this section shall apply in relation to a Regent with the substitution for references to the Sovereign of references to the Regent, so however, that in relation to a Regent subsection (2) of this section shall have effect as if after the word "next," where that word first occurs therein, there were inserted the words "after the Regent".
  7. Any delegation under this section shall cease on the demise of the Crown or on the occurrence of any events necessitating a Regency or a change of Regent.

Notes
Sub-s(2) was substituted, and sub-s (2A) was inserted, by the Regency Act 1943, s 1.  The words omitted from sub-s (2A) were repealed by the Regency Act 1953, s 4(2).
General note. The original sub-s(2) provided that Counsellors of State should be the wife or husband of the Sovereign, and the four persons who, excluding any persons disqulified under the Act from becoming Regent, were next in the line of succession to the Crown.  Among persons disqualified by s3 ante from acting as Regent are persons who are not of full age.  The anomalous result was that under the original subsection an heir apparent or presumptive could, if he succeeded to the Throne, perform the royal functions at the age of 18, but could not, before succeeding, perform the less onerous functions of Counsellors of State.  This was rectified by that part of sub-s(2A) wehich was later repealed by the Regency Act 1953 s4(2), as noted above, and replaced by s(2) of that Act.
As to the demise of the Crown, see the Acts collected in Pt 2(b) of this title post.
Telegraph.  It would appear that this includes a wireless message: see A-G v Edison Telephone Co of London (1880) 6 QBD 244 at 249, per Stephen J; cf Re Radio COmmunication in Canada [1932] AC 304, PC.
Counsellors of State.  During the Royal visit to America in 1939 the QUeen, although she accompanied the King, was Counsellor of State under the original subsection.  This anomaly was removed by the proviso to the new sub-s (2), but no provision is made for any other Counsellor of State to act in place of the absent Counsellor.
This section has effect as if a reference to Queen Elizabeth the Queen Mother were inserted after the reference to the wife or husband of the Sovereign; see the Regency Act 1953, s 3, this part of this title post.
Sub-s (4).  Where HRH the Duke of Edinburgh is Regent by virtue of the Regency Act 1953, s 1, this part of this title post, another sub-s (4) of this section is substituted by s 1(4) of the 1953 Act.

7 [repealed by the SLR Act 1950]

8 Short title and interpretation

  1. This Act may be cited as the Regency Act 1937.
  2. In this Act, save as otherwise expressly provided, the expression "royal functions" includes all powers and authorities belonging to the Crown, whether prerogative or statutory, together with the receiving of any homage required to be done to His Majesty.

SCHEDULE

Section 4
OATHS TO BE TAKEN BY THE REGENT

1. 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.

2. 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.

3. 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.
 


Notes
Protestant religion.  See the Union with Scotland Act 1706, Pt 1 of this title ante, s 2 of which contains a reprint of the Scottish Act referred to.



REGENCY ACT 1943

(6 & 7 Geo 6 c 42)

An Act to amend the law as to the delegation of royal functions to Counsellors of State [11 November 1943]
 

[substitutes new s 6(2), (2A) of the Regency Act of 1937]

2 Short title and citation

This Act may be cited as the Regency Act 1943, and this Act and the Regency Act 1937 may be cited together as the Regency Acts 1937 and 1943.


REGENCY ACT 1953

(2 & 3 Eliz 2 c 1)

An Act to provide that, in the event of a Regency becoming necessary tinder 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 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 [19 November 1953]
 

1 H R H The Duke of Edinburgh to be Regent in certain circumstances

  1. If a Regency becomes necessary under the Regency Act 1937, on the succession to the Crown of a child of Her Majesty and His Royal Highness the Duke of Edinburgh while under the age of eighteen years, His Royal Highness, if living, shall be the Regent.
  2. If a Regency becomes necessary under the Regency Act 1937, during the reign of Her present Majesty, His Royal Highness the Duke of Edinburgh, if living, shall be the Regent unless, or (as the case may be) until, there is a child or grandchild of Her Majesty and His Royal Highness who can under the provisions of the said Act be the Regent.
  3. The preceding provision of this section shall have effect subject to—
    1. subsection (2) of section three of the Regency Act 1937 (which enumerates the disqualifications for becoming or being Regent), and
    2. subsection (5) of that section (which provides for the case where the Regent is incapacitated by infirmity for performing the royal functions or is not available for the performance of those functions),
    but, save as aforesaid, that section shall have effect subject to the preceding provisions of this section.
  4. Where his Royal Highness the Duke of Edinburgh is Regent by virtue of this section, section six of the Regency Act 1937 (which relates to the appointment of Counsellors of State) shall have effect as if the following provision were substituted for subsection (4) thereof:—

  5. "(4) The provisions of this section shall apply in relation to a Regent with the substitution for references to the Sovereign of references to the Regent and the omission, in subsection (2) thereof, of the reference to the wife or husband of the Sovereign."

Notes
On the succession to the Crown of a child, etc. On the succession to the Crown of a person under the age of eighteen years a Regency would become necessary under the Regency Act 1937, s 1(1) ante.
Shall be Regent.  Apart from this section the Regent would be the person next in line of succession to the Crown who is not disqualified under s 3 of the 1937 Act (as construed in accordance with s 2 post); see sub-s (1) thereof.  If HRH the Duke of Edinburgh were to become Regent by virtue of sub-s(1) of this section, he would be likely also to have the guardianship of the person of the Sovereign; see s 5 of the 1937 Act ante.
Regency ... during the reign of Her present Majesty.  Ie under s 2 of the 1937 Act above.
Who can ... be the Regent. That is, under s 3 of the 1937 Act ante, construed in accordance with s 2 post.
Regency Act 1937.  See this part of this title ante.

2 Amendment of meaning of full age"

The heir apparent or heir presumptive to the Throne shall be deemed for all the purposes of the Regency Act 1937 to be of full age if he or she has attained the age of eighteen years.
 

Notes
Heir apparent, heir presumptive.  The heir apparent is an heir, such as the eldest son, whose right to succeed cannot be defeated by the birth of one having a better right, while the heir presumptive is one, such as a daughter being the only child, whose right to succeed is liable to be defeated by the birth of one having a better right.
Shall be deemed, etc. A Regency under the Regency Act 1937, s1(1), this part of this title ante, is only required if, and so long as, the Sovereign is under the age of 18 years and, by virtue of s6(2A) of that Act, an heir to the Throne could become a Counsellor of State if he was not under eighteen.  Yet, under s3(2) of the same Act, a Regent must be of full age, that is, have reached the age of 21.  This discrepancy is now removed by enacting that an heir to the throne who has reached the age of 18 is to be deemed to be of full age for the purposes of the 1937 Act.  Most of s6(2A) of that Act thereby becomes redundant is is accordingly repealed by s4(2) of this Act.
Or she.  These words are really redundant as under the Interpretation Act 1978, s 6, VOl 41, title Statutes, the word "he" standing by itself would include a female.
Age. A person attains a particular age expressed in years at the commencement of the relevant anniversary of the date of his birht; see the Family Law Reform Act 1969, s 9, Vol 6, title Children.
Regency Act 1937.  See this part of this title ante.

3 Queen Elizabeth the Queen Mother to be of Counsellors of State

Her Majesty Queen Elizabeth the Queen Mother shall be added to the persons whom subsection (2) of section six of the Regency Act 1937 (as set out in section one of the Regency Act 1943) requires, subject as therein mentioned, to be the Counsellors of State for the purposes of any delegation of royal functions under that section, and accordingly during her life that section shall have effect is if a reference to her were inserted in subsection (2) thereof next after the reference to the wife or husband of the Sovereign.

Notes
Regency Act 1937, s 6(2A).  See this part of this title ante.

4 Short title, construction, citation and repeal

  1. This Act may be cited as the Regency Act 1953, and shall be construed as one with the Regency Acts 1937 and 1943, and those Acts and this Act may be cited together as the Regency Acts 1937 to 1953.
  2.  ...

Notes
Sub-s (2) amends the Regency Act 1937 s6(2A), this part of this title ante.
Construed as one. Ie the enactments in question are to be construed as if they were contained in one Act, unless there is some manifest discrepancy: see eg Phillips v Parnaby [1934] 2 KB 299 at 302.  Accordingly, definitions in the earlier Act may be relevant to the construction of provisions of this Act (see Solomons v R Gertzenstein Ltd [1954] 2 QB 243, [1954]2 All ER 625, CA; Crow (Valuation Officer) v Lloyds British Testing Co Ltd [1960] 1 QB 952, [1960] 1 All ER 411, CA).
Regency Acts 1937 and 1943.  Ie the Regency Act 1937 and the Regency Act 1943; see s 2 of te 1943 Act, this part of this title ante.
Regency Act 1937, s 6(2A).  See this part of this title ante.



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