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THE COMMONWEALTH
The Regency Acts, 1937 to 1953
These Acts, the Regency Act, 1937,10 the Regency Act, 1943,11 and the Regency Act, 1953,1 deal with two distinct subjects: Regency, in certain events (with a consequential provision for guardianship); and the appointment of Counsellors of State to perform Royal functions in certain circumstances.
Regency
Sections 1 (1) and 2 of the Act of 1937 provide for a Regency in the event of the minority or incapacity of the Sovereign, or if he is declared not to be available, for some definite cause, for the performance of the Royal functions.
Under the terms of the Act of 1937 18 the Regent would be the person (being of age and not otherwise disqualified) next in line of succession to the throne; but by the Act of 1953," special provision is made for the Duke of Edinburgh to be Regent in certain events.
Section 5 of the Act of 1937 also provides for the guardianship of the Sovereign during a Regency.
Counsellors of State
The Act enables the Sovereign (or a Regent 15), by Letters Patent, to delegate Royal functions to Counsellors of State in the event of illness or of absence from the United Kingdom.10 Such Letters Patent have frequently been issued on the occasions of Her Majesty's visits to Commonwealth countries overseas. Power to dissolve Parliament otherwise than on the express instructions of the Sovereign, or to grant any rank, title or dignity of the Peerage may not be delegated.
The Counsellors of State are to be the wife or husband of the Sovereign (but not of a Regent), Queen Elizabeth the Queen Mother, and the four persons (being qualified) next in the line of succession to the Crown; but any of these persons may be excepted for any period during which they will be absent from the United Kingdom.17
The Divisibility of the Crown
There has from time to time been erudite disputation as to whether there was one Sovereign or a number of Sovereigns-one for each Member of the Commonwealth. Though at first sight this may
10 1 Ed. 8 & 1 G. 6, c. 16. 11 6 & 7 G. 6, c. 42.
12 2 & 3 El. 2, C. 1.
14 s. 1.
16 Act of 1937, ss. 6, 8 (2).
18 s. 3; Act of 1953, s. 2.
15 Act of 1953, s. 1 (4).
17 Act of 1943 s. 1; Act of 1953, ss. 1 (4), 3.
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19 See pp. 586, 20 [1905] A.C. 21 Amalgamated
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