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Regency Acts
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Regency Acts
The Regency Acts are acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning 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 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 Prince George (later King George IV) to act as regent while his father, King George III, was incapacitated.
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 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] Since then, several Regency Acts have been passed.
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 Pretender".
The act required privy counsellors and other officers in the event of Anne's death, to 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. 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 union of Scotland and England, the new Parliament of Great Britain passed the Succession to the Crown Act 1707 (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.
The act made it treason for any unauthorised person to open them or to neglect to deliver them to the Privy Council. 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.
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Regency Acts
The Regency Acts are acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning 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 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 Prince George (later King George IV) to act as regent while his father, King George III, was incapacitated.
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 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] Since then, several Regency Acts have been passed.
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 Pretender".
The act required privy counsellors and other officers in the event of Anne's death, to 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. 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 union of Scotland and England, the new Parliament of Great Britain passed the Succession to the Crown Act 1707 (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.
The act made it treason for any unauthorised person to open them or to neglect to deliver them to the Privy Council. 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.