Incapacity of The Regent
Under the Regency Act 1937, a declaration of incapacity can also be made with respect to the Regent. Thus, if the person serving as Regent becomes incapable of discharging the royal functions, either on account of an infirmity of mind or body, or because the Regent has become, for a definite cause, unavailable to perform the said functions, the same group of people who can make a declaration of incapacity regarding the Sovereign (the wife or husband of the monarch, the Lord Chancellor, the Speaker of the House of Commons, the Lord Chief Justice of England and the Master of the Rolls) are empowered to make a declaration of incapacity regarding the Regent.
The requirements for that declaration of incapacity are the same ones that are valid with regard to a declaration affecting the Sovereign: the incapacity of the Regent must be attested by evidence; in the case of infirmity that evidence shall include evidence provided by physicians; the declaration needs to be signed by at least three of the people empowered by law; and it needs to be lodged with the Privy Council.
Under section 3, subsection 5, of the Regency Act 1937, when the Regent is the object of a declaration of incapacity, he or she ceases to be the Regent, as if he or she were dead, and the person next in line capable of discharging the Regency becomes Regent in his or her place.
When a Regent is removed from office by a declaration of incapacity and subsequently the incapacity ceases to exist, the Regent can be restored to office by means of a declaration of cessation of incapacity. In that case upon the declaration of cessation of incapacity, a change of Regent takes place, with the person who has a lower place in the order of succession ceasing to be the Regent, and in his or her stead the person with a higher position in the order of succession, who had only ceased to be Regent due to the declaration of incapacity, resuming the office of Regent. The requirements for declaration of cessation of incapacity regarding the Regent are the same ones that are valid for a declaration of cessation of incapacity regarding the Sovereign.
Read more about this topic: Regency Acts
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