Could Prince Harry be asked to deputise for King Charles? Royal succession rules explained


prince harry and king charles

Prince Harry is unlikely to be called in to deputise for King Charles (Image: Getty)

The Royal Family has been rocked by not one but two health scares, as Princess Kate is in hospital recovering from abdominal surgery and King Charles is preparing for prostate surgery. Kate will remain in hospital for 10-14 days and will be out of action for up to three months.

Her husband Prince William is taking time off and will step down from all official duties for several weeks, while he looks after their children and cares for his wife.

Meanwhile the King is preparing for a corrective procedure after being diagnosed with a benign enlarged prostate.

The unprecedented double health scare has led to concerns over which royals will be left to undertake royal duties, as three out of four senior members are out of action.

Some have suggested that Prince Harry could return to the royal fold as he is fifth in the line of succession and the next adult after William. Here Express.co.uk takes you through the royal rules and who could deputise for the King and William.

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Who is in charge if King Charles cannot rule?

The King’s upcoming hospital treatment has raised questions over which royals might be needed to step in.

This has been exacerbated by the fact that Prince William, the King’s heir, has also halted official duties to care for his wife and children.

In the event a monarch cannot undertake their duties as sovereign on a temporary basis due to illness, two or more Counsellors of State are appointed by Letters Patent to act in their place. Counsellors of State effectively act as deputies for the monarch.

Usually the duty would fall to Prince William in the first instance, but with him also out of action, it would fall to the other Counsellors of State.

Princess Anne attends The Christmas Morning Service

Princess Anne is a counsellor of state and could be called on to deputise (Image: Getty)

Who are the Counsellors of State?

Provisions for the Counsellors of State are made under the Regency Acts 1937 to 1953, this stipulates that the spouse of the monarch and the four most senior adults in the line of succession over the age of 21 can stand in.

Currently this includes: Queen Camilla, Prince William, Prince Harry, Prince Andrew and Princess Beatrice.

But in 2022, the King asked Parliament to add two more royals, Princess Anne and Prince Edward, to the list, as Harry and Andrew were unlikely to be called upon because they are no longer working royals.

Politicians fast-tracked the changes so that there are now seven Counsellors of State.

Would Prince Harry be required to step in for the King?

Prince Harry is a Counsellor of State so it is possible that he could be asked to deputise for the King.

However, it is highly unlikely that he would be asked to do so as he is no longer a working royal and would need to travel over from the US.

He also no longer has a UK residence, something that the law stipulates is necessary for a Counsellor of State. Experts have raised questions about this previously.

There are six other senior royals who could be called upon, and Harry would only be asked if all of the others were incapacitated.

It is also worth being in mind that the recent law change to add Anne and Edward as Counsellors of State was made with Harry and Andrew in mind, as it would spark a backlash if either of them were called in to undertake official duties.

prince andrew attending church on christmas day

Prince Andrew is a Counsellor of State (Image: Getty)

Would Prince Andrew be required to step in for the King?

Prince Andrew’s situation is very similar to that of his nephew Prince Harry’s. He is a Counsellor of State so it is possible he could be asked to step in, but the scenario is highly unlikely.

The other counsellors, such as Queen Camilla, Prince William, Princess Beatrice, Princess Anne or Prince Edward would be prioritised.

The Prince Of Wales Attends The Lord High Admiral's Divisions

Prince William is taking time out from official duties to care for his wife and children (Image: Getty)

What can Counsellors of State do?

Counsellors of State are authorised to carry out most of the official duties of the sovereign, such as attending Privy Council meetings, signing routine documents and receiving the credentials of new ambassadors.

But they cannot dissolve Parliament, except on a monarch’s express instruction, or create peers or appoint a prime minister.

King Charles stood in for his late mother Queen Elizabeth several times, such as for the State Opening of Parliament in 2022.

Will Counsellors of State be needed next week?

Buckingham Palace has said that it did not anticipate Counsellors of State being necessary when the King is treated in hospital for an enlarged, benign prostate next week.

This means that Charles is expected to be able to continue with all his affairs of state as usual.

Sources added that the King is “genuinely in good spirits” and in “good form”.

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