Royals who will take over Queen’s duties if she becomes too sick to rule following Covid infection

If the Queen becomes too sick to rule, there are four Royal family members who can take over her duties. But two of those names are very awkward.

Prince Charles and Prince William will be brought in to jointly take over the Queen’s duties by law if the 95 year-old becomes too sick to exercise her powers as she battles Covid.

The legal protocol is outlined in the 1937 Regency Act, which names four “counsellors of state” that are next in line for the throne, who are the only members of the royal family who can perform some of her duties.

But there’s two surprising names on the list who could technically find themselves asked to take over her duties – Prince Andrew and Prince Harry.

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Queen Elizabeth II was diagnosed with Covid-19 on Sunday. (Photo by CHRIS JACKSON / BUCKINGHAM PALACE / AFP)

Prince Harry remains overseas and is locked in a legal battle over his demand the British Government allow him to pay for government security if he returns with his children.

More importantly, the Regency Act requires a counsellor of state to be domiciled in Britain. Because he lives overseas, that would appear to disqualify him, despite the fact he remains on the list by law.

The other name is even more contentious: Prince Andrew.

The Duke of York has retreated from public life after a settlement rumoured to be more than $22 million was reached over a civil case brought by Perth mother-of-three Virginia Guiffre, who accused him of raping her on three occasions, a claim he strenuously denies.

Despite the fact that Princess Anne is Queen Elizabeth’s third child, she does not feature in the list of potential counsellors of state under succession laws.

Instead, the counsellors of state are listed as Prince Charles, the heir to the throne, his son Prince William the Duke of Cambridge, Prince Harry, the Duke of Sussex and Prince Andrew the Duke of York.

Prince Charles, the Prince of Wales, is first in line to take over duties. (Photo by Kirsty O'Connor / POOL / AFP)

Prince William, Duke of Cambridge, is one of the four names. (Photo by Chris Jackson – Pool/Getty Images)

Regency Act rules

The rules also help explain why the Palace made a point of claiming the Queen is still conducting “light duties” while she battles Covid.

If she gets too sick to do her job, the requirement that counsellors of state be brought in is automatic under the Regency Act and is not a choice left up to the Queen.

A regency is automatic when the Queen “by reason of infirmity of mind or body incapable for the time being of performing the royal functions”.

She does not decide herself whether or not a regency is required.

Traditionally that decision is made by the monarch’s spouse, the Lord Chancellor, the Speaker of the House of Commons, the Lord Chief Justice of England and the Master of the Rolls.

As result the death of her husband Prince Phillip, that means two politicians and two judges would be required to weigh the medical evidence.

Prince Harry, Duke of Sussex, could also take over duties – but he is in the US. (Photo by Theo Wargo/Getty Images for Intrepid Sea, Air, & Space Museum)

Prince Andrew, Duke of York, is also on the list of names. He probably won’t be asked though. (Photo by Steve Parsons – WPA Pool/Getty Images)

The Queen can also not use the legal provisions to pass on her duties to her heir, it must only be made on medical and legal advice.

”If the Queen is not incapacitated, but is still ill and needs to delegate her functions, this can be done by appointing counsellors of state. Unlike a regency, the Queen can control when to delegate her powers and functions, which powers and functions are delegated, and when the delegation ends. Functions that are customarily not delegated include those concerning Commonwealth matters or exercises of the Queen’s reserve powers, such as appointing or removing a prime minister,’’ constitutional law professor Anne Twomey says.

And as Prime Minister Boris Johnson nervously awaits the findings of a police investigation into lockdown parties at Parliament House that could see him exit the job, that could provide another constitutional headache.