12 Facts About Regency Acts

1.

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.

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2.

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.

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3.

An example of a pre-1937 Regency Acts Act was the Act of 1811 which allowed Prince George to act as regent while his father, King George III, was incapacitated.

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4.

The Regency Acts 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".

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5.

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.

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6.

Parliament again passed a Regency Acts Act to provide for a regent in the event of the King's death.

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7.

Regency Acts Bill 1789 was a proposed Act of Parliament to provide that George III's eldest son, George, Prince of Wales, would act as regent because of the King's incapacity caused by mental illness.

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8.

Importance of this Regency Acts Act was that it did not require a Council of Regency Acts, as required by previous legislation.

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9.

Under the Regency Acts Act 1937, a declaration of incapacity can be made with respect to the regent.

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10.

Under section 3, subsection 5, of the Regency Acts 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.

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11.

Whenever a regency is established, either on account of incapacity of the sovereign, or on account of the minority of the Sovereign, and when there is a change of regent, the new "Regent shall, before he acts in or enters upon his office, " take the oaths required by the Regency Act 1937; accordingly, a new regent only enters into the execution of his office by taking the oaths, and therefore cannot discharge any of the royal functions before taking them.

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12.

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.

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