[Passed 8:1 , Royal Assent: 1st Jun 2019]
An ACT to address the incapacity of the Sovereign and for other purposes.
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:
1. SHORT TITLE
This bill may be cited for all purposes as “Incapacity of the Sovereign Act 2019”
2. SOVEREIGN’S DECLARATION OF BRIEF INCAPACITY
A. The Sovereign may, as outlined by law, delegate his authority to the Counselors of State when he foresees a brief period of incapacity and may place restrictions on the exercise of that authority through an Order-in-Council so long as the period of his anticipated incapacity lasts for less than one month.
B. In the event that the Sovereign’s incapacity is anticipated to last more than one month, a Regency must be appointed as outlined by law.
C. In the event the Sovereign’s professed incapacity lasts for more than one month and Counselors of State have been exercising the functions of the Sovereign through a previous Order-in-Council, the Counselors of State shall appoint a Regent with the approval of His Majesty’s Most Honourable Privy Council. This regency shall persist until the Sovereign informs His Majesty’s Most Honourable Privy Council of the cessation of his incapacity.
3. CONDITIONS WHERE THE SOVEREIGN SHALL BE DEEMED TO BE TEMPORARILY INCAPACITATED
A. The Sovereign shall be deemed to be temporarily incapacitated if the Sovereign is unable to respond substantively to communication from the Prime Minister within 7 calendar days (except during a period of pre-determined incapacity where Counselors of State have been previously appointed), removes themselves from both the Parliament and Hound & Quarry Facebook groups, or when clear information is presented to His Majesty’s Most Honourable Privy Council showing that the Sovereign is physically or psychologically incapacitated and a majority of both Privy Counsellors and Counsellors of State concur that this incapacity exists.
B. In the event the Sovereign shall be deemed to be temporarily incapacitated as outlined by Section A above, the Counselors of State shall exercise Royal Authority until such time as either the Sovereign shall inform Parliament of the cessation of his incapacity by way of an instrument signed by the Sovereign in his own hand, sealed with the Great Seal, and countersigned by the Prime Minister or other the most senior minister or Secretary of State of His Majesty’s Government or by an Act of Parliament judging that the Sovereign is competent.
4. PROVISIONS FOR LENGTHY PERIODS OF INCAPACITY
In the event the Sovereign shall be judged to be temporarily incapacitated and Counselors of State have assumed the Royal Authority and the aforementioned Counselors of State shall have assumed that authority for thirty (30) calendar days, the Sovereign shall be deemed to be generally incapacitated and the Counselors of State shall appoint a Regent approved by His Majesty’s Most Honourable Privy Council. In the event the Counselors of State shall not appoint a Regent after five (5) calendar days of this period, His Majesty’s Most Honourable Privy Council shall appoint a Regent through an Order-in-Council and the assent of the Counselors of State shall not be required for the Regency to issue.
5. PROVISIONS FOR PERMANENT INCAPACITY OF THE SOVEREIGN
In the event that the Sovereign shall have been deemed to be generally incapacitated for a period of five (5) months, the Sovereign shall be deemed to be permanently incapacitated for the purposes of The Succession to the Throne Act.
6. PROTECTING COUNSELORS OF STATE
A. During any period of incapacity of the Sovereign, Counselors of State may not be removed from their positions except by their resignation, the assent of a majority of both the other Counselors of State and His Majesty’s Most Honourable Privy Council, by the renouncement of their citizenship, by being appointed Prime Minister, or through an Act of Parliament.
B. No person may hold the office of Counselor of State and Prime Minister concurrently.
7. COMMENCEMENT
This legislation and all the provisions therein shall come into force upon receiving the Royal Assent.