Royal succession bills and acts

Last updated April 26, 2024

Royal Succession bills and acts are laws or pieces of proposed legislation to determine the legal line of succession to the Monarchy of the United Kingdom.

The Crown is a corporation sole that represents the legal embodiment of executive, legislative, or judicial governance. It evolved as a separation of the literal crown and property of the nation state from the person and personal property of the monarch. In this context it should not be confused with any physical crown.

A bill is a proposed law under consideration by a legislature.^[1] A bill is not law until passed by the legislature and, in most cases, approved by the executive, Privy Council and monarch by royal assent. Once a bill is enacted into law it is called an "act" or "statute".

Background to succession laws

Numerous Bills and Acts of succession were used to determine heirs and potential heirs to the throne, during the reign of the incumbent monarch, and especially before, during and after the changeovers between the Tudors, Stuarts, Hanoverians, and Saxe-Coburg and Gotha to the present Windsors, all of which necessitated changes and amendments to prior succession legislation to accommodate circumstances of the day. Historically and presently, legislation to amend laws of succession generally argue for amendments to several historic acts, adjudged relevant to succession issues of the day. The Bill of Rights 1688 and the Coronation Oath Act 1688, the Act of Settlement 1700, the Union with Scotland Act 1706, the Sophia Naturalization Act 1705 and Princess Sophia's Precedence Act 1711, the Royal Marriages Act 1772, the Union with Ireland Act 1800, the Accession Declaration Act 1910 and the Regency Act 1937. The 1937 Regency Act came into legislative existence as a consequence of the abdication of King Edward VIII, as such passing succession to his brother Albert Duke of York (King George VI) in 1937, who was succeeded by his daughter Queen Elizabeth II in 1952.

Legislative procedures of bills

Pre-legislative scrutiny: Joint committee of both houses review bill and vote on amendments that government can accept or reject. Reports are influential in later stages as rejected committee recommendations are revived to be voted on.

First Reading: No vote occurs. Bill is presented, printed, and in private members' bills, a Second Reading date is set.

Second Reading: A debate on the general principles of the bill is followed by a vote.

Committee Stage: A committee considers each clause of the bill, and may make amendments.

Report Stage: An opportunity to amend the bill. The House consider clauses to which amendments have been tabled.

Third Reading: A debate on final text as amended. In the Lords, further amendments may be tabled at this stage.

Passage: The bill is then sent to the other House which may amend it.

First Reading: Same procedures

Second Reading: Same procedures

Committee Stage: Same procedures

Report Stage: Same procedures

Third Reading: Same procedures

Passage: The bill is then returned to the original House.

Pre-legislative Scrutiny to consider all amendments.

The bill is then processed for royal assent, if accepted, the bill becomes an Act.

	Making new law Types of bill Bill procedure First reading Second reading Commons committee stage Lords committee stage Report stage Third reading Passage through the other House Royal assent Delegated legislation

Modern bills and acts of succession

Elizabeth II

The Succession to the Crown Act 2013 is a piece of legislation in the United Kingdom which altered the laws of succession to the British throne.^[2] It was published on 13 December 2012 and received royal assent on 25 April 2013.^[3] Known as the Perth Agreement, on 28 October 2011, at a Commonwealth Heads of Government Meeting held in Perth, Western Australia, heads of government of 16 Commonwealth realms, which shared Queen Elizabeth II as head of state, announced that they would introduce legislation to end the primacy of male children over female in the succession to the Crown.^[4] The Succession to the Crown Bill gave effect in the United Kingdom to the agreement between heads of government.

The argument for changing the law on succession could be stated simply: The law as it stood was considered to discriminate against women and Catholics. The Government has said that it opposes discrimination in all forms, including against Catholics. However, numerous attempts to alter the succession to remove such clauses through Private Member's bills had not been successful, and the Government thus brought forward its own legislation on the matter. Consequently, to change the law, the government sought and received consent of the fifteen Commonwealth countries that had the Queen as their head of state, under the preamble to the Statute of Westminster 1931. Amending old legislation fundamental to the British constitution raised further questions about the nature of the established church and the Union between England and Scotland.^{[ citation needed ]}

Private Members' bills

Member	Bill	Readings	Summary of Bill
Michael English MP Labour	Succession to the Crown Bill 1981-82^[5] Presented in the House of Commons* during the Conservative Government of PM Margaret Thatcher*		To amend the law with respect to the succession to the Crown.

Simon Hughes MP Liberal Democrats	Constitutional Reform Bill 1990-91^[6] Presented in the Commons* during the* Conservative Government of PM Margaret Thatcher.		To amend the law relating to the succession, rights and responsibilities of the Crown.

Lord Archer ( Conservative )	Succession to the Crown Bill 1996-97^[7] Presented in the House of Lords* during the Conservative Government of PM John Major* .		To remove any distinction between sexes in determining the succession to the Crown.

Lord Archer ( Conservative )	Succession to the Crown Bill 1997-98^[8]^[9] Presented in the Lords* during the Labour Government of PM Tony Blair* .	Withdrawn	To remove any distinction between sexes in determining the succession to the Crown.

Kevin McNamara MP Labour	Treason Felony, Act of Settlement and Parliamentary Oath Bill 2001-02^[10] Presented in the Commons* during the Labour Government of PM Tony Blair*.		To provide that persons in communion with the Roman Catholic church are able to succeed to the Crown.

Lord Dubs ( Labour )	Succession to the Crown Bill 2004-05 ^[11] Presented in the Lords* during the Labour Government of PM Tony Blair*.	Withdrawn	To make provision about succession to the Crown and about Royal marriages.

Rt Hon Ann Taylor MP Labour	Succession to the Crown ( No. 2 ) Bill 2004-05^[12] Presented in the Commons* during the Labour Government of PM Tony Blair*.		To make provision about succession to the Crown and about Royal marriages.

Jonathan Sayeed MP Conservative	Succession to the Crown and Retirement of the Sovereign Bill 2004-05^[13] Presented in the Commons* during the Labour Government of PM Tony Blair*.	Negatived	To provide for Sovereigns to be chosen by House of Commons from the family of the preceding Sovereign; to provide that all such Sovereigns shall cease to be Sovereign at the age of 75.

Rt Hon Edward Leigh MP Conservative	Royal Marriages ( Freedom of Religion ) Bill 2005^[14] Presented in the Commons* during the Labour Government of PM Tony Blair*.		To allow any member of the Royal Family to marry a person of any religion or none.

Rt Hon John Gummer MP Conservative	Catholics ( Prevention of Discrimination ) Bill 2006-07^[15] Presented in the Commons* during the Labour Government of PM Tony Blair*.		To remove remaining legislative discrimination against Catholics.

Evan Harris MP Liberal Democrats	Royal Marriages and Succession to the Crown ( Prevention of Discrimination ) Bill 2008-09^[16] Presented in the Commons* during the Labour Government of PM Gordon Brown* .	Adjourned	To remove primogeniture from the line of succession and to enable the Monarch to marry a Catholic

Keith Vaz MP Labour	Succession to the Crown Bill 2010-11 ^[17] Presented in the Commons* during the Conservative (Coalition) Government of PM David Cameron* .	Adjourned	To amend the Act of Settlement 1700 to remove distinction between sexes in determining succession to the Crown.

Government bill

Rt Hon^[18]^[19] Nick Clegg MP Liberal Democrats Cabinet Office ^[20]	Succession to the Crown Act 2013 ^[12] Presented in the Commons* during the Conservative ( Coalition ) Government of PM David Cameron*.	Royal assent on 25-04-2013	To make provision about succession to the Crown and about Royal marriages.

Historical bills and acts of succession

Henry VIII

The First, Second and Third Succession Acts were created to determine successors of Henry VIII, in consequence of his several wives. These circumstances evoked more legislation. In response to his excommunication; that Henry's imperial crown had been diminished by "the unreasonable and uncharitable usurpations and exactions" of the Pope, the Act of Supremacy in 1534 declared that the King was "the only Supreme Head in Earth of the Church of England" and the Treasons Act 1534 made it high treason, punishable by death, to refuse to acknowledge the King as such.

Henry VIII Anne Boleyn Jane Seymour	The First Act of Succession (1534) ^[21] On 23 March 1534, Parliament passed this Act, to vest the succession of the English Crown in the children of King Henry VIII and Anne Boleyn. This effectively set Princess Elizabeth (later Elizabeth I) first in line for the throne, declaring Princess Mary (later Mary I) a bastard. It was also proclaimed that if commanded, subjects were to swear an oath to recognizing this Act as well as the King's supremacy. People who refused to take the oath, including Sir Thomas More, were charged with treason.^[22] The Second Act of Succession (1536) Succession to the Crown: Marriage Act 1536 (28 Hen. 8. c. 7). The Second Succession Act of Henry VIII's reign was passed in June 1536, removing both Mary and Elizabeth from the line of the succession. This act followed the execution of Anne Boleyn, and superseded the First Succession Act. This new act now declared Elizabeth to be a bastard also. As a result, Henry was left without any legitimate child to inherit the throne until his son Prince Edward was born in October 1537. The Third Act of Succession (1544) ^[23] In July 1543, Parliament passed the third Act of Succession. This act overrode the first Succession Act of 1534, and the second Succession Act of 1536. This third act, which gained royal assent at the close of Parliament in February 1544, established the new line of succession from his marriage to Jane Seymour as; Prince Edward (later Edward VI), then any children he were to have; then a son Henry VIII might have with Katherine Parr; that potential son's possible children; then children from marriages after Queen Katherine, if any; then Mary; Mary's children, if any; then Elizabeth.^[24]	Elizabeth I Mary I Edward VI

William and Mary

Historical precedence of prior succession acts usually determines later succession issues. There are several events in the history of royal successions showing why succession acts were necessary at the time of their creation. The Bill of Rights 1688 ^[25] came about as a consequence of the circumstances after the Restoration of the Monarchy in 1660, and the successions of William III and Mary II, who became regents in return for accepting this Bill of Rights, and a new Coronation Oath Act 1688 (1 Will. & Mar. c. 6), from the Convention Parliament.

The Bill of Rights limited royal power and established the supremacy of Parliament. This rights bill also established the frequency of parliaments, freedom of speech in parliament, debates or proceedings not to be questioned out of parliament. This Bill also especially established that; "without parliamentary consent the king could not"; suspend or create laws, raise taxes by prerogative, or raise a standing army in peace time.

The Oath Act reiterated precedent that "By the Law and Ancient Usage of this Realm" monarchs of England took a solemn coronation oath to maintain the statute laws and customs of the country and of its inhabitants. This established a new coronation oath to be taken by future monarchs. This oath was different from the traditional coronation oath which recognized laws as being the grant of the King, whereas the Act's new oath sought the King to rule according to the law agreed in parliament.^[26]

Edward VIII

His Majesty's Declaration of Abdication Act 1936 (1 Edw. 8. & 1 Geo. 6. c. 3), was the Act of the British Parliament that recognized and ratified the abdication of King Edward VIII from the throne of the United Kingdom and the dominions of the British Commonwealth, and passed succession to his brother Prince Albert, Duke of York (who became King George VI). The Act also excluded any possible future descendants of Edward from the line of succession. Edward VIII abdicated in order to marry his lover, Wallis Simpson, after facing opposition from the governments of the United Kingdom and the British dominions. Although Edward VIII had signed a declaration of abdication the previous day (10 December 1936), he was still King until he gave royal assent to this Act, which occurred on 11 December.^[27] The Act was passed through the Houses of Parliament in one day, with no amendments.

Related Research Articles

The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions and the Crown.

The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and clarified who would be next to inherit the Crown. It remains a crucial statute in English constitutional law.

<span class="mw-page-title-main">Royal assent</span> Formal approval of a proposed law in monarchies

Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.

Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.

His Majesty's Declaration of Abdication Act 1936 is the act of the Parliament of the United Kingdom that recognised and ratified the abdication of King Edward VIII and passed succession to his brother King George VI. The act also excluded any possible future descendants of Edward from the line of succession. Edward VIII abdicated in order to marry his lover, Wallis Simpson, after facing opposition from the governments of the United Kingdom and the Dominions.

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. 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.

Demise of the Crown is the legal term in the United Kingdom and the Commonwealth realms for the transfer of the Crown upon the death or abdication of the monarch. The Crown transfers automatically to the monarch's heir. The concept evolved in the kingdom of England, and was continued in Great Britain and then the United Kingdom. The concept also became part of the constitutions of the British colonies, and was continued in the constitutions of the Commonwealth realms, until modified within those realms.

The Crown and Parliament Recognition Act 1689 was an Act of the Parliament of England, passed in April 1690 but backdated to the start of the parliamentary session, which started on 20 March 1690. It was designed to confirm the succession to the throne of King William III and Queen Mary II of England and to confirm the validity of the laws passed by the Convention Parliament which had been irregularly convened following the Glorious Revolution and the end of James II's reign.

The monarchy of Australia is a key component of Australia's form of government, embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional one, modelled on the Westminster system of parliamentary government, while incorporating features unique to the constitution of Australia.

The Coronation Oath Act 1688 is an Act of the Parliament of England. It was passed in 1689.

<i>Succession to the Throne Act, 1937</i>

The Succession to the Throne Act, 1937 is a 1937 act of the Canadian parliament that ratified the Canadian cabinet's consent to His Majesty's Declaration of Abdication Act 1936, an act of the United Kingdom parliament that allowed the abdication of Edward VIII. This ratification was of symbolic value only, because, under the Statute of Westminster 1931, the UK act was already part of Canadian law by virtue of the Canadian cabinet's prior request and consent.

The Succession to the Crown Act 1707 is an Act of Parliament of the Parliament of Great Britain. It is still partly in force in Great Britain.

An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.

The Accession Declaration Act 1910 is an Act which was passed by the Parliament of the United Kingdom to alter the declaration that the Sovereign is required to make at their accession to the throne as first required by the Bill of Rights 1689. In it, they solemnly declare themself to be faithful to the Protestant faith. The altered declaration is as follows:

"I [here insert the name of the Sovereign] do solemnly and sincerely in the presence of God profess, testify, and declare that I am a faithful Protestant, and that I will, according to the true intent of the enactments which secure the Protestant succession to the Throne of my Realm, uphold and maintain the said enactments to the best of my powers according to law."

The Perth Agreement was made in Australia in 2011 by the prime ministers of what were then the sixteen states known as Commonwealth realms, all recognising Elizabeth II as their head of state. The document agreed that the governments of the realms would amend their laws concerning the succession to their shared throne and related matters. The changes, in summary, comprised:

The Succession to the Crown Act 2013 is an Act of the Parliament of the United Kingdom that altered the laws of succession to the British throne in accordance with the 2011 Perth Agreement. The Act replaced male-preference primogeniture with absolute primogeniture for those in the line of succession born after 28 October 2011, which means the eldest child, regardless of gender, precedes any siblings. The Act also repealed the Royal Marriages Act 1772, ended disqualification of a person who married a Roman Catholic from succession, and removed the requirement for those outside the first six persons in line to the throne to seek the Sovereign's approval to marry. It came into force on 26 March 2015, at the same time as the other Commonwealth realms implemented the Perth Agreement in their own laws.

<i>Succession to the Throne Act, 2013</i> Canadian statute changing royal succession

The Succession to the Throne Act, 2013, gave Canada's assent to the United Kingdom's 2013 changes to the rules of succession to the British throne. It was passed by the Parliament of Canada as Bill C-53, and received royal assent on 27 March 2013. The act was brought into force by the Governor-General-in-Council on 26 March 2015.

The Royal Succession Act is an act of the New Zealand Parliament to alter the laws of succession to the New Zealand throne.

The Succession to the Crown Act 2015(Cth) is an Act of the Parliament of the Commonwealth of Australia, which was enacted at the request of all six Australian states as required by the Australian Constitution. The Australian acts were the final part of the Perth Agreement's legislative program agreed by the prime ministers of the Commonwealth realms to modernise the succession to the crowns of the sixteen Commonwealth realms, while continuing to have in common the same monarch and royal line of succession, as was the case at the time of the Statute of Westminster 1931.

A coronation oath is a solemn oath of office taken by the monarch of the United Kingdom at their coronation. An oath has been included in coronation ceremonies since the earliest kings of the English in the 10th century and its form was fixed by Act of Parliament in the 17th century. Minor amendments have subsequently been made to the oath to reflect the changing status of the United Kingdom, and also the Commonwealth Realms which have the British monarch as their head of state. The oath has three parts; the first to govern in compliance with the laws and customs of the people, the second to govern justly, and the third, to uphold Protestant Christianity and the rights of the Church of England, reflecting the monarch's role as Supreme Governor of the Church of England.

References

↑
definition of "bill"
"A proposed law presented to a legislative body for consideration."
↑ "Succession to the Crown Act - Parliamentary Bills - UK Parliament".
↑ Succession to the Crown Bill, clause 5(4) (as introduced).
↑ "Girls equal in British throne succession". BBC. 28 October 2011. Retrieved 28 October 2011.
↑ Hansard: 14 c270
↑ Hansard: 194 c340-2
↑ Hansard: 578 c555
↑ Hansard: 582 c313
↑ Hansard: 586 c909-18
↑ Hansard: 377 c319-25
↑ Hansard: 667 c903 and Hansard: 668 c495-515
1 2 Hansard: 429 c314
↑ Hansard: 430 c161-3
↑ Hansard: 431 c1392-4
↑ Hansard: c154-6
↑ Hansard: 490 c556-629
↑ Hansard: 521 c704-06
↑ Privy Council: http://www.parliament.uk/site-information/glossary/privy-council/
↑ Nick Clegg. Privy Council Office: http://privycouncil.independent.gov.uk/
↑ Cabinet Office: http://www.cabinetoffice.gov.uk/content/about-cabinet-office
↑ 25 Hen. 8. c. 22. [Transcr. Statutes of the Realm, iii. 471.]
↑ Jokinen, Anniina. “The Act of Succession, 1534.” Luminarium. 11 June 2002. [Date accessed: 18 January 2013].
<http://www.luminarium.org/encyclopedia/firstsuccession.htm>
↑ 35 Hen. 8. c. 1. 3 S. R. 955. Act Fixing the Succession
↑ Jokinen, Anniina. “The Third Act of Succession, 1544.” Luminarium. 16 June 2011. [Date accessed: 18 January 2013]. <http://www.luminarium.org/encyclopedia/thirdsuccession.htm>
↑ Bill of Rights, 1689. Parliamentary Archives HL/PO/PU/1/1688/1W
↑ Harris, Tim Revolution: The Great Crisis of the British Monarchy 1685 - 1720 Allen Lane (2006) p349
↑ Text of the Royal succession bills and acts as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .

External links

Text of the Bill of Rights
The Parliamentary Archives—Holds the original of this historic record

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.

[1] 
definition of "bill"
"A proposed law presented to a legislative body for consideration."

[2] "Succession to the Crown Act - Parliamentary Bills - UK Parliament".

[3] Succession to the Crown Bill, clause 5(4) (as introduced).

[bbcgirlsequal-4] "Girls equal in British throne succession". BBC. 28 October 2011. Retrieved 28 October 2011.

[5] Hansard: 14 c270

[6] Hansard: 194 c340-2

[7] Hansard: 578 c555

[8] Hansard: 582 c313

[9] Hansard: 586 c909-18

[10] Hansard: 377 c319-25

[11] Hansard: 667 c903 and Hansard: 668 c495-515

[Hansard:_429_c314-12] 1 2 Hansard: 429 c314

[13] Hansard: 430 c161-3

[14] Hansard: 431 c1392-4

[15] Hansard: c154-6

[16] Hansard: 490 c556-629

[17] Hansard: 521 c704-06

[18] Privy Council: http://www.parliament.uk/site-information/glossary/privy-council/

[19] Nick Clegg. Privy Council Office: http://privycouncil.independent.gov.uk/

[20] Cabinet Office: http://www.cabinetoffice.gov.uk/content/about-cabinet-office

[21] 25 Hen. 8. c. 22. [Transcr. Statutes of the Realm, iii. 471.]

[22] Jokinen, Anniina. “The Act of Succession, 1534.” Luminarium. 11 June 2002. [Date accessed: 18 January 2013].
<http://www.luminarium.org/encyclopedia/firstsuccession.htm>

[23] 35 Hen. 8. c. 1. 3 S. R. 955. Act Fixing the Succession

[24] Jokinen, Anniina. “The Third Act of Succession, 1544.” Luminarium. 16 June 2011. [Date accessed: 18 January 2013]. <http://www.luminarium.org/encyclopedia/thirdsuccession.htm>

[25] Bill of Rights, 1689. Parliamentary Archives HL/PO/PU/1/1688/1W

[26] Harris, Tim Revolution: The Great Crisis of the British Monarchy 1685 - 1720 Allen Lane (2006) p349

[27] Text of the Royal succession bills and acts as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]

[10]

[11]

[12]

[13]

[14]

[15]

[16]

[17]

[18]

[19]

[20]

[21]

[22]

[23]

[24]

[25]

[26]

[27]