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The Regency Act 2018

Writer's picture: ParliamentParliament

[Passed 10-0. Royal Assent: 18 May 2018]

An act to provide for the Administration of the Royal Authority, and For the Care of His Majesty’s Royal Person, During the Time of the Declared Indisposition of His Majesty; and For the Resumption of the Exercise of the Royal Authority by His Majesty.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords and Burgesses in this present Parliament assembled, and by the authority of the same, as follows:

WHEREAS in accordance with the prescriptions of Article IV, Section 11 of the Charter of Scone Act 2014, His Majesty the King did, on the 13th day of April 2018, advise Parliament by means of a personal message tendered to the assembled Lords and Burgesses that he is indisposed to attend to the constitutional and ceremonial duties of the Sovereign beginning the 21st day of May 2018:

AND WHEREAS His Majesty will be, in effect, incapacitated from the aforesaid date of 21st May 2018 onward:

AND WHEREAS the personal exercise of the Royal Authority by His Majesty shall be, from the time of aforesaid date of 21st May 2018, so far interrupted, that it is necessary to make provision according to law for assisting His Majesty in the administration and exercise of the Royal Authority, and also for the care of his Royal Person during the time of His Majesty’s indisposition, and for the eventual resumption of the exercise of the Royal Authority by His Majesty:

BE IT THEREFORE ENACTED by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords and Burgesses in this present Parliament assembled, and by the Authority of the same, as follows:

1. SHORT TITLE:

This Act may be cited for all intents and purposes as “The Regency Act 2018.”

2. THE REGENT, HIS POWERS, PRIVILEGES, AND PREROGATIVES:


A. His Royal Highness Edward Patrick Theobald Louis Alexander Barry, Prince Royal of the Kingdom of Scone, shall have full power and authority, in the name of and on behalf of His Majesty, and under the style and title of “Regent of the Kingdom of Scone and of the Glennish Empire,” to exercise and administer the Royal Power and Authority to the Crown of the Kingdom of Scone and of the Glennish Empire belonging, and to use, execute, and perform all Authorities, Prerogatives, Acts of Government, and Administration of the same, which lawfully belong to the King of the Sconnish and Emperor of All the Glennains to use, execute, and perform; subject to such limitations, exceptions, regulations, and restrictions, as are hereinafter specified and contained; and all and every Act and Acts which shall be done by the said Regent, in the name of and on behalf of His Majesty, by virtue of and in pursuance of this Act, and according to the Powers and Authorities hereby vested in him, shall have the same force and effect to all intents and purposes as the like Acts would have if done by His Majesty himself, and shall to all intents and purposes be of full and sufficient warrant to all persons acting under the authority thereof; and all persons shall yield obedience thereunto, and carry the same into effect, in the same manner and for the same purposes as the same persons ought to yield obedience to and carry into effect the like Acts done by His Majesty himself; any law, course of office, or other matter or thing to the contrary notwithstanding.

B. To the said Regent is further granted full power and authority to represent His Majesty in any ceremonial way as may seem to the former fitting, and to bestow, during the time of his Regency, such honours as presently fall within His Majesty’s gift, provided that in every case an honour is bestowed in concert with the lawful constitutions thereto pertaining (if any), and provided that, in each and every case, the Prime Minister is duly consulted beforehand.

C. As to all authorities given and appointments made in the name of the King and on his behalf and all other acts, matters, and things usually done under the authority of the Royal Sign Manual, the signature of the said Regent in the form following; that is to say, “Edward P. R.,” or in cases where the Royal Signature has usually been affixed in initials only, then in the Form “E. P. R.”, shall be as valid and effectual, and have the same force and effect as His Majesty’s Royal Sign Manual, and shall be deemed and taken to be to all intents and purposes His Majesty’s Royal Sign Manual, and be obeyed as such.


D. The said Regent shall be at all times and in every circumstance entitled to the titular dignity of “Prince Regent” for the duration of his Regency.

E. While His Majesty shall retain ownership of all things by him lawfully owned, yet in the case of any such thing which is necessarily or customarily utilized by His Majesty’s Government or otherwise by any organ of the State whatsoever, or by the community of the Kingdom of Scone or of the Glennish Empire, the said Regent shall have authority to administer the same in accordance with the laws or customs thereto pertaining.

3. EXCEPTIONS TO THE POWERS, PRIVILEGES, AND PREROGATIVES OF THE REGENT:

The following exceptions are herewith prescribed for the said Regent’s exercise of His Majesty’s lawful Power and Authorities:

A. No rank or title of the Peerage shall be created or bestowed whatsoever.

B. No person whatsoever shall be deprived of noble rank or divested of any honour or title bestowed by His Majesty, saving any title held by virtue of political or civic appointment.

C. No person whatsoever shall be granted any Royal rank or title, nor shall any person be deprived of any Royal rank or title.

D. Apart from the exceptions prescribed above, the said Regent shall enjoy each and every the Powers, Authorities, Prerogatives, Privileges, Rights, and Immunities of the Sovereign as prescribed by law.

4. IN THE EVENT OF THE PRINCE REGENT’S SUDDEN DEATH OR DISQUALIFICATION:

If at any point during His Majesty’s indisposition the said Regent shall decease or cease for any reason to be a subject of His Majesty as a lawful citizen of the Kingdom of Scone, or shall at any time renounce his citizenship, or resign the Office of Regent, then and in any of such cases, all the Powers and Authorities vested in His said Royal Highness by this Instrument shall cease and determine, the same immediately transferring to the incumbent Counsellors of State, or such of their number as may be available in the event that the said Regent is, himself, a Counsellor of State.


5. THE CARE AND CUSTODY OF HIS MAJESTY’S PERSON DURING THE TIME OF HIS LAWFUL INCAPACITY:

A. During the time of His Majesty’s incapacity, the said Regent shall be understood to have sole lawful custody of His Majesty’s person, enjoying sole access to His Majesty’s presence.

B. It shall be unlawful for any member of His Majesty’s Government, or any Sconnish subject whatsoever, to attempt to violate, by personal communication according to any means whatsoever, the tranquility of His Majesty the King during the time of His Majesty’s indisposition, saving instances wherein the express permission of the Prince Regent has been obtained for the same.

C. The unlawful violation of His Majesty’s tranquility according to the prescriptions herein shall be classified as a Class A misdemeanor, prosecutable and judicable as such according to the provisions of the Offences and Sentences Act 2016.

6. THE CESSATION OF HIS MAJESTY’S INCAPACITY AND OF THE REGENCY:

When the time has come that His Majesty the King shall indicate that he is once again disposed to resume in his person the Royal Authority, and shall have declared his Royal Will and Pleasure thereupon as by law provided, all and every the Powers and Authorities given by this Act to the said Regent, for the exercise and administration of His Majesty’s Royal Power and Authority, or for using, executing, and performing the Authorities, Prerogatives, Acts of Government, and Administration of the same, which belong to the King of the Sconnish and Emperor of All the Glennains to use, execute and perform, or for the care of His Majesty’s Royal Person, shall cease and determine; and no act, matter, or thing, which, under this Act, and previous to such declaration might be done in the administration of His Majesty’s Royal Power and Authority, or in the using, exercising, or performing of any such Authorities, Prerogatives, Acts of Government, or Administration as aforesaid or in the care of His Majesty’s Royal Person, by virtue and in pursuance of this Act, shall, if done after such declaration of His Majesty’s Royal Will and Pleasure, be thenceforth valid or effectual.

7. COMMENCEMENT:


His Majesty’s incapacity and the Regency prescribed by this Act as a remedy for the same, and any and all other the provisions herein contained, shall commence and become effective the 21st day of May 2018, without need for the publication, sealing, or gazetting of any subsequent instrument whatsoever.

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