What would happen if King Charles became too ill to work? Royal rules explained


king charles pictured in december 2023

King Charles has been diagnosed with ‘a form of cancer’ (Image: GETTY)

King Charles III has been diagnosed with “a form of cancer”, Buckingham Palace has confirmed, with treatment already underway.

The monarch was admitted to The London Clinic in Marylebone last month for corrective treatment for an enlarged prostate, which was successful after a three night stay.

This cancer diagnosis was picked up during subsequent diagnostic testing, but is unrelated to his prior condition, the palace has clarified – with the location of the cancer not revealed. Although, it is understood it has been caught early and is treatable.

“A schedule of regular treatments” has started under supervision of his specialist team of doctors. As part of his announcement it has been confirmed all of his public facing duties will be cancelled. But the 75-year-old will continue stately duties during treatment.

Despite his step-back, it has been revealed that the monarch will not appoint counsellors of state to act on his behalf.

However, Queen Camilla, Prince William and Princess Anne will carry bulk of duties in his absence – but what happens if he became too ill to work? Express.co.uk takes a look.

READ MORE Prince William ‘has no plans’ to meet Prince Harry while he is in the UK

What happens if King Charles is temporarily incapacitated?

The Regency Act 1937 created the office of Councellor of State to cover the monarch’s short periods of absence from duties – all where regency is unnecessary. If King Charles is unable to take on duties, two or more of the Councellors of State are appointed to take his place.

The current Councellors of State are Queen Camilla and the next four people over the age of 21 in the line of succession. These include Prince William, Prince Harry, Prince Andrew and Princess Beatrice.

Due to Andrew and Harry no longer being ‘working royals’, Princess Anne and Prince Edward were also empowered by the Councellors of State Act in 2022.

At present only Queen Camilla, Prince William, Princess Anne and Prince Edward can take on royal duties if the King is not able to.

Councellors of State are able to carry out most duties for the monarch, including Privy Council meetings. Although some duties – such as appointing a Prime Minister – can only be carried out by the monarch.

What happens if King Charles becomes so ill that he can no longer work?

The Regency Act 1937 also established in law a procedure for determining the incapability of the King. When this is established, the royal functions will be moved to the next in line to the throne.

In this case, it would be Prince William – the monarch’s eldest son.

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king charles pictured in 2022

The King was crowned in May 2023 (Image: GETTY)

READ MORE Prince Harry looks ‘anxious’ ahead of meeting with King after cancer diagnosis

Who decides that King Charles cannot work?

The people who can make a declaration of incapability are the Sovereign’s spouse, the Lord Chancellor, Lord Chief Justice, Master of the Rolls, and the Speaker of the House of Commons.

At present – February 2024 – these include Queen Camilla, Alex Chalk MP, Baroness Carr, Sir Geoffrey Vos and Sir Lindsay Hoyle MP.

Documentation will need to be signed by three or more of them and will need to be backed up by evidence – such as medical evidence.

The King was pictured on February 6

The King was pictured on February 6 (Image: GETTY)

Will Prince William automatically become Regent?

In order to become the new Regent, the Prince of Wales will need to take oaths required. The oath has to be taken before the Privy Council.

The oaths are as follows: “I swear that I will be faithful and bear true allegiance to King Charles III his heirs and successors according to law. So help me God.

I swear that I will truly and faithfully execute the office of Regent, and that I will govern according to law, and will, in all things, to the utmost of my power and ability, consult and maintain the safety, honour, and dignity of King Charles III and the welfare of his people. So help me God.

“I swear that I will inviolably maintain and preserve in England and in Scotland the Settlement of the true Protestant religion as established by law in England and as established in Scotland by the laws made in Scotland in prosecution of the Claim of Right, and particularly by an Act intituled “An Act for Securing the Protestant Religion and Presbyterian Church Government” and by the Acts passed in the Parliament of both Kingdoms for Union of the two Kingdoms, together with the Government, Worship, Discipline, Rights, and Privileges of the Church of Scotland. So help me God.”

Can regency be reversed or ended?

In short, yes. If the King recovers capacity, the regency can be ended.

The procedure is the same as the declaration of incapacity – including the same signatories.

Medical evidence is also required, and the declaration is to be made to the Privy Council.

prince william pictured in 2023

Prince William will likely step up to help his father (Image: GETTY)

What functions can a Regent perform?

Prince William could take on responsibilities such as the state opening of Parliament, lead on Remembrance Sunday and Trooping The Colour.

During the reign of the late Queen, the King represented his late mother at the state opening of Parliament.

William could also take over diplomatic business of receiving incoming and outgoing ambassadors and state visits.

In 2013, the now-King held an audience with the incoming and outgoing heads of MI5.

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