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Old 12-02-2022, 08:48 AM
Iluvbertie's Avatar
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The monarch wouldn't be on the operating table for days. As has been shown in the past when the late Queen had to have surgery she was able to plan that surgery around her engagements so that she didn't miss any essential engagements.

That is the point - CoS's is for a short term incapacity but planned as LPs have to be signed. The LPs can't be signed in an emergency so a planned surgery would be able to be planned to not be in the week that a Privy Council meeting is scheduled.

If the monarch becomes incapacitated in an unplanned manner i.e. an accident then a Regency comes into effect not CoS's.
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Old 12-02-2022, 12:24 PM
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"unplanned manner" doesn't mean "permanent". regency is a permanent thing.
and there are situations when people spend days in artificial coma as part of their treatment.
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Old 12-02-2022, 05:04 PM
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Originally Posted by Spheno View Post
"unplanned manner" doesn't mean "permanent". regency is a permanent thing.
and there are situations when people spend days in artificial coma as part of their treatment.
Regency is NOT permanent. George IV served at least two terms as Regent when his father was incapacitated. George III recovered at least once and so took back the reins as King.

In an 'unplanned' situation - such as an accident resulting in a temporary coma there would be no Letters Patent issued to create CoS's so while in that coma, if no temporary regency is possible then no business is possible - which is why a temporary regency is possible. CoSs can only serve when Letters Patent are issued and stating for what specific purpose/s so in March this year Charles and William were CoSs specifically to Open Parliament and for no other purpose.

Say Charles was travelling to Sandringham and was involved in a car accident that saw him in a coma for six months. As he didn't sign Letters Patent creating William and Anne as CoS for those six months no business of the monarchy could take place so no laws signed into law, no High Commissioners or Ambassadors able to take up their offices etc. Now establishing a Regency which can be done quite easily with the agreement of three of Camilla, The Lord Chancellor, Speaker of the House of Commons, Lord Chief Justice and Master of the Rolls.

The Regency Act clearly says that a regency will be established if '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'. i.e. it can be a temporary situation.
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Old 12-12-2022, 05:57 PM
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In the House of Lords (the transcripts were posted earlier in the thread) as well as the House of Commons, representatives of the government and of the main opposition party laid stress on the Palace's confirmation that in the future, only working members of the Royal Family will be called upon as Counsellors of State. So, although the rule of only calling upon "working royals" has not been enacted into law as some here have suggested, it has been formalized as a promise made by the King to Parliament, which ought to be taken seriously. (Thus, I think we can safely assume that Princess Beatrice will never be called upon to act as a Counsellor of State.)

Transcript of the debates on the fast-tracked bill in the House of Commons on December 1:

From the Commons Second Reading:

The Chancellor of the Duchy of Lancaster (Oliver Dowden): "Furthermore, the royal family has confirmed that in practice it will be working members of the royal family who are called on to act as Counsellors of State, and that their diaries will be arranged to ensure that that is the case."

The deputy leader of the opposition (Angela Rayner): "The Opposition do not oppose this practical measure. Although the Bill has a narrow focus, I know that hon. Members in this House and the other place have raised concerns about the wider issue of the Regency Act. I welcome assurances from Government Ministers in the other place that only working royals can act as Counsellors of State. That is an important assurance that will go alongside the Bill."

The enacted Counsellors of State Act 2022:
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Old 12-12-2022, 07:17 PM
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This part sounds as if the MP (Micahel Ellis) is especially happy with the addition of the Princess Royal (whom I expect in practice to be Charles's preferred option next to William when he and Camilla are abroad):

His Royal Highness the Earl of Wessex and Forfar, and Her Royal Highness the Princess Royal command the confidence of the King, and the approval and respect of the people of this country, and for good reason. Her Royal Highness the Princess Royal is well known and highly respected for her work ethic, her drive, and her pragmatic approach. As we know, she carries out hundreds of engagements annually, and quietly and assiduously undertakes her duties with enormous skill. Like the Princess, His Royal Highness the Earl of Wessex has been a trusted Counsellor of State before, and he will likewise be a welcome addition to the pool of options available to the King.
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british monarchy, camilla, counsellors of state, duchess of cornwall, prince charles, prince of wales

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