How Prince Andrew can fill in for the King but Princess Anne cannot

Prince Harry and Andrew remain royal stand-ins… but NOT Anne: Dukes of Sussex and York can act in the King’s place if he is ill or overseas – but Princess Royal is left out due to succession rules

  • Prince Andrew will be able to step in for the King and perform royal duties
  • He also held the same title under Queen Elizabeth due to a decades-old law
  • False rumours insinuate King Charles chose the appointments, but he has no say
  • Parliamentary intervention would be the only way to change the legislation
  • Princess Anne is excluded because previous laws gave female royals less succession rights 

Prince Andrew will be able to step in for the King and perform royal duties as needed due to a law which would require parliamentary intervention to change.

The role of Counsellor of State is automatically bestowed upon the four royals next in the line of succession who are older than 21, in addition to the monarch’s spouse.

As such, the five people who have the authority to represent King Charles III are Queen Consort Camilla, Princes William, Harry, Andrew and his eldest daughter, Princess Beatrice. 

Critics have hit out at the appointment of the King’s brother, who stepped back from royal duties in 2020 amid sex abuse allegations which he strenuously denies, but the assignment was not Charles’ choice. 

The King is bound by the Regency Act 1937 regarding the appointment of his Counsellors of State and only parliament has the power to change the legislation.

The inclusion of Andrew and omission of Princess Anne – who was last year named ‘hardest working royal’ for taking 387 official engagements that year – has sparked debate over whether the rules should be changed so the Princess Royal could act as one of the Counsellors. 

This image shows the three royals next in line for the throne over the age of 21, Princes William, Harry and Andrew – which is the criteria to be a Counsellor of State. Princess Anne (also pictured) is 16th in line to the throne due to male royal primogeniture, which has  since been overturned. It means she is not eligible to be a Counsellor of State. Pictured: The Palace of Westminster after a procession from Buckingham Palace, in London on September 14

The obvious omission of Princess Anne also sparked backlash, given she’s earned herself the title over the years as the ‘hardest working royal’, but it is not a decision the new King made

Princess Anne pips Charles to the post as the hardest working royal for 2021 

Princess Anne was named last year’s hardest working royal, followed closely by Charles.

The Princess Royal, now 72, took the crown with 387 official engagements in 2021, just two ahead of Charles, who carried out 385. 

The siblings stepped up to take on greater responsibility as the Queen started to scale back their work. 

Royal engagements in 2021: 

Princess Anne: 387 

Prince Charles: 385 

Prince William: 235 

The Earl of Wessex: 204

The Countess of Wessex: 194

The Queen: 184 

Anne was not eligible for a position of Counsellor of State due to a rule known as male royal primogeniture, which gives female royals less succession rights.

The late Queen Elizabeth overturned the rule in 2013 under the Succession to the Crown Act, which gave women equal succession rights to men, but it was not implemented retrospectively.

As such, Princess Anne is actually 16th in line for the throne.  

Royal expert Richard Fitzwilliams told i now would be a perfect time to have a ‘radical rethink’ in parliament about how Counsellors of State are chosen.

‘What it needs is a radical rethink, in my view, what you need is someone like the Princess Royal or the Earl and Countess of Wessex,’ he said. 

‘I would have thought that was a more practical solution to this because they’re all senior working royals and there is no controversy to them in any way.

‘I would have thought that in the coming period, this was an opportunity to actually assess how the counsellors of state are chosen.’ 

The new monarch is facing mounting backlash online as disinformation spreads about the appointments and his role in assigning them. 

Comments such as ‘the Queen would not have approved’ do not take into consideration that Prince Andrew also remained a Counsellor of State during her reign, even after stepping back from royal duties and having his patronages and military titles stripped. 

The title also does not necessarily mean Prince Andrew – or Prince Harry – will ever be called upon to act on behalf of the King.

The last time Counsellors of State were required to represent the monarch was in May 2022, at the State Opening of Parliament. There, then-Prince Charles and his son William represented the Queen to read the traditional Queen’s Speech (pictured at the event, as the then-Prince read the speech)

King Charles II, the Queen Consort and the Princess Royal behind the coffin of Queen Elizabeth II as it is brought into Westminster Hall 

Harry put his hand on his face while reading the order of service for Wednesday’s short ceremony in the heart of the Palace of Westminster. He will remain a Counsellor of State under his father, King Charles III

Princess Beatrice is the only new addition to the Counsellors of State who served under Queen Elizabeth II

As Counsellor of State, the five chosen royals can carry out most official duties of the monarch, but there are key decisions they cannot make.

They are not permitted to deal with Commonwealth matters, appoint a prime minister or dissolve parliament – unless they receive express orders from the King. 

George VI established the limits of the role in the Regency Act of 1937 after acceding to the throne in 1936.

Prince William is the most likely to be asked to carry out any such duties as the heir to the throne. 

The last time Counsellors of State were required to represent the monarch was in May 2022, at the State Opening of Parliament.

There, then-Prince Charles and his son William represented the Queen to read the traditional Queen’s Speech.

The new line of succession to the throne of the United Kingdom following the Queen’s death

King Charles and his heir the Prince of Wales, who followed his father on yet another emotional day for the royals


Both Prince Harry and Prince Andrew will remain Counsellors of State under King Charles III, despite not being working royals

Counsellors of State: Your questions answered 

Who are they?

The five Counsellors of State underneath King Charles are:

  • Queen Consort Camilla (a full-time working royal)
  • Prince William (a full-time working royal)
  • Prince Harry (not a working royal)
  • Prince Andrew (not a working royal)
  • Princess Beatrice (not a full-time working royal) 

What can they do?

As Counsellor of State, the five chosen royals can carry out most official duties of the monarch, including attending Privy Council meetings and signing documents on behalf of the King.

They are also permitted to receive new ambassadors to the UK. 

But there are key decisions they cannot make.

They are not permitted to deal with Commonwealth matters, appoint a prime minister or dissolve parliament – unless they receive express orders from the King. 

How are they chosen?

The Counsellors of State are automatically assigned based on their position in the succession order to the throne.

A royal must be over the age of 21 to be considered, and the titles are handed to the monarch’s spouse and the four royals next in line for the throne.

The exception to this is female royals born before 2011. Prior to then, the male royal primogeniture rule was in place which afforded male royals greater rights to the throne. 

The rule was amended in 2013 but not retrospectively, meaning Princess Anne dropped down the line of succession and therefore is not considered for the role.

The Queen: All you need to know following her passing and a look back at her 70-year reign

  • What happens on day of the Queen’s funeral?
  • Who will be at the Queen’s funeral? From Joe Biden and Jacinda Ardern to European royalty and Her Majesty’s ladies-in-waiting
  • Who becomes the Prince of Wales when Charles becomes King?
  • How Princess ‘Lilibet’ became the UK’s longest-serving monarch
  • What was the Queen really like? 
  • How the Queen’s family came to celebrate her Majesty’s historic reign during the Platinum Jubilee 
  • Trains to London for the Queen’s funeral: Which rail services are running? 
  • PICTURES: Queen’s iconic fashion sense over the last eight decades
  • PICTURES: The Queen’s personal jewellery collection – including her engagement ring from Prince Philip

 

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