His Majesty’s Stationery Office
Succession to the Crown Act 2016
8, 9 & 10 Max. c. 4
An Act to make further provision for the succession to the Crown and the election of the Sovereign; to establish criminal offenses in connection therewith; to provide for the administration of the government during the vacancy of the Throne; and for related purposes.
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Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords and Commons in Parliament assembled, and by the authority of the same, as follows:
Part I
The Vacancy of the Throne
1. Death of the Sovereign
Upon the death of the Sovereign for the time being, the Crown and Throne of the Kingdom of Æfira shall fall vacant.2. Effect of vacancy of the Throne
The vacancy of the Throne shall not—(a) prorogue or dissolve Parliament;
(b) terminate or otherwise affect the holding of any office, employment or function under the Crown;
(c) abate, discontinue or otherwise affect any writ, action or other proceeding; or
(d) affect the continued validity of any oath of allegiance or office.
3. Commission of Regency
(1) There shall be a Commission of Regency during the vacancy of the Throne, consisting of the Lord High Chancellor, the Speaker of the House of Commons, the Lord Chief Justice, the Lord Privy Seal and the Lord Advocate.
(2) Each member of the Commission of Regency shall take the oath or affirmation set out in Schedule A.
(3) Upon the accession of a new Sovereign under section 12, the Commission of Regency shall be dissolved.
4. Administration of the government
(1) Subject to subsection (2), during the vacancy of the Throne, the Commission of Regency shall have full power and responsibility to administer the government of the Realm and perform the functions of the Crown.
(2) The Commission of Regency shall have no power to—
(a) prorogue or dissolve Parliament;
(b) grant the Royal Assent to any bill to amend, or make any provision inconsistent with, the Constitution or this Act, or concerning the succession to the Crown;
(c) appoint any person to a judicial office within section 2 of chapter III of the Constitution;
(d) revoke or terminate the appointment of any person to an office mentioned in section 3(1); or
(e) create or grant any dignity of the peerage, or determine any claim or dispute concerning such a dignity.
(3) In the performance of its functions under subsection (1), the Commission of Regency may act with the concurrence of a majority of its members.
Part II
The Election and Accession of the Sovereign
5. Entitlement to vote
Every Æfiran citizen, and no other person, is entitled to vote at a royal election.6. Conduct of elections
(1) The Sovereign shall by Order in Council make rules, consistent with the provisions of the Constitution and this Act, for the conduct of royal elections.
(2) Upon the vacancy of the Throne, the Secretary of State shall cause a royal election to be conducted in accordance with this Act and the electoral rules.
(3) If the Secretary of State becomes aware that the electoral rules fail to afford any person a reasonable opportunity to do anything in connection with a royal election which that person is entitled to do, he or she shall depart from the electoral rules so far as may be necessary to afford that person such an opportunity.
7. Electoral rules: further provisions
(1) The electoral rules shall provide for royal elections—
(a) to be conducted by means either of post or of the Internet; and
(b) to be concluded not later than 30 days after the day on which the Throne fell vacant.
(2) The electoral rules shall provide for public notice (and, where reasonably practicable or where public notice is likely to be inadequate, of personal notice to every Æfiran citizen) to be given—
(a) of a royal election, including the dates or times when, and the manner in which, the registration of candidates and the casting of ballots are to take place; and
(b) of the accession of a new Sovereign.
(3) The electoral rules shall make provision for—
(a) the maintenance of secrecy in voting and the anonymity of ballots; and
(b) the prevention of impersonation in connection with royal elections, by means of passwords or other appropriate measures.
8. Candidacy
Every Æfiran citizen is entitled to register as a candidate in a royal election, except one who—(a) holds the office of the Secretary of State;
(b) is of unsound mind; or
(c) is under sentence or subject to be sentenced for treason or felony.
9. Ballots
(2) A ballot consists of a list of one or more registered candidates in the order of an elector’s preference.
(3) The listing on a ballot of a person who is not a registered candidate shall be disregarded but does not invalidate the ballot.
10. Voiding of elections
If the Secretary of State certifies to the Commission of Regency, prior to the counting of the ballots at a royal election, that there is substantial reason to believe that the result of the election has been affected by the extensive commission of offenses under this Act, then the election is void, and the Secretary of State shall cause a new royal election to be conducted as though the Throne had fallen vacant on the day on which he or she so certified.11. Result of elections
(1) The Secretary of State shall cause the ballots cast in a royal election to be counted in accordance with the procedure set out in Schedule B.
(2) The Secretary of State shall certify the identity of the candidate thereby elected to the Commission of Regency, and the Commission of Regency shall cause the Sovereign-elect to be notified of his or her election.
12. Accession of the Sovereign
The Sovereign-elect shall publicly take the oath or affirmation set out in Schedule C, and shall thereupon accede to the Crown and Throne of the Kingdom of Æfira; and the royal state and dignity, and all titles, powers, prerogatives, rights, duties and functions appertaining thereto, shall remain and belong by right to him or her for the duration of his or her life.Part III
Criminal Offenses
13. Breach of duty and violation of secrecy
(1) An electoral officer who fails without reasonable cause to fulfill his or her duty in connection with a royal election is guilty of a misdemeanor.
(2) An electoral officer who attempts to ascertain (otherwise than as necessary in fulfilling his or her duty), or discloses, another person’s protected information is guilty of a misdemeanor.
(3) A person assisting another person in doing anything in connection with a royal election who attempts to ascertain (otherwise than as necessary in providing that assistance), or discloses, the other person’s protected information is guilty of a misdemeanor.
(4) In this section, “electoral officer” means—
(a) the Secretary of State;
(b) another person having any duty under the electoral rules; or
(c) a deputy of a person mentioned in paragraph (a) or (b).
14. Unlawful registration and voting
Any person who—(a) registers as a candidate, or casts a ballot, in a royal election in which he or she is not entitled to do so;
(b) casts more than one ballot in a royal election; or
(c) incites, aids or abets the commission of an offense under paragraph (a) or (b)—
is guilty of a misdemeanor.15. Impersonation
Any person who willfully impersonates another person (including a deceased or fictitious person) for the purpose of doing anything in connection with a royal election is guilty of a felony.16. Obstruction of elections etc.
(1) Any person who willfully—
(a) obstructs the conduct of a royal election;
(b) prevents or hinders any person from doing anything in connection with a royal election which that person is entitled to do;
(c) destroys, damages or impairs the operation of any electronic system or other equipment used or to be used for the conduct of a royal election; or
(d) forges, falsifies, damages or destroys any ballot or other document used or to be used in connection with a royal election—
is guilty of a felony.(2) Any person who recklessly or negligently does anything mentioned in subsection (1)(a) through (d) is guilty of a misdemeanor.
17. Deception, intimidation, coercion etc.
(1) Any person who knowingly makes a false statement, or otherwise deceives another person, for the purpose of inducing any person to—
(a) register, or not register, as a candidate in a royal election;
(b) vote, or not vote, or vote in any particular manner, at a royal election; or
(c) disclose his or her protected information—
is guilty of a misdemeanor.(2) Any person who uses violence, threats, intimidation or coercion for the purpose of inducing another person to do anything mentioned in subsection (1)(a) through (c) is guilty of a felony.
(3) Any person who uses violence, threats or intimidation, or subjects another person to any disadvantage or detriment, in consequence of any person’s having done anything mentioned in subsection (1)(a) or (b), or not having disclosed his or her protected information, is guilty of a felony.
18. Bribery
(1) Any person who uses bribery for the purpose of inducing another person to do, or in consequence of another person’s having done, anything mentioned in section 17(1)(a) through (c) is guilty of a felony.
(2) Any person who accepts or solicits bribery, the use of which would constitute an offense under subsection (1), is guilty of a felony.
(3) In this section, “bribery” includes giving, or offering or promising to give, any money, property, reward, service, employment, advantage or other thing of value.
19. Treason
Any person who willfully—(a) falsifies or falsely certifies the result of a royal election; or
(b) conspires or attempts to hinder the lawful succession to the Crown—
is guilty of treason.Part IV
General Provisions
20. Vacancy of offices
During the vacancy of the office of the Secretary of State or any other officer mentioned in this Act, the functions of that officer under this Act shall be performed by such person as the Sovereign may by Order in Council appoint, and all references in this Act to that officer shall be construed accordingly.21. Forms
The Sovereign may by Order in Council prescribe the form to be observed with respect to any ballot, certificate or other document to be issued, made or used in connection with a royal election.22. Records and freedom of information
(1) The Secretary of State shall cause the records of the ballots cast in a royal election to be maintained for six months following the election, or such longer period as may be prescribed by the electoral rules, and then to be destroyed. Those records are exempted under Part VI of the Freedom of Information Act 2008.
(2) No computer code pertaining to any electronic system used or to be used for the conduct of a royal election is so exempted, except that such code is exempted to the extent to which its publication would be likely to prejudice the integrity of the system or the anonymity of ballots, or to facilitate the commission of offenses under this Act.
23. Interpretation
In this Act,—“electoral rules” means the rules made under section 6(1);
“protected information”, in relation to a person, means—
(a) information as to whether, or the manner in which, that person voted at a royal election; or
(b) that person’s password or other personal information used or to be used under section 7(3)(b);
“rank”, in relation to a candidate’s position on a ballot, means “1” in the case of the remaining candidate having the highest position, “2” in the case of the remaining candidate having the next highest position, and so forth;
“registered candidate”, in relation to a royal election, means a person entitled to register as a candidate in that election under section 8 and having done so;
“remaining ballot”, in relation to the counting of ballots, means a ballot on which one or more remaining candidates are listed;
“remaining candidate”, in relation to the counting of ballots, means a registered candidate who is listed on one or more ballots and who is not excluded;
“royal election” means the election of a Sovereign pursuant to section 2 of chapter I of the Constitution and to this Act; and
“Secretary of State” means the Secretary of State for Elections.
24. Amendments and repeals
(1) The Succession to the Crown Act 2008 is repealed.
(2) In the Criminal Offenses Act 2008, for the words “Prince Regent” (wherever they occur) there are substituted the words “a Commissioner of Regency”.
(3) In section 9(1) of the Representation of the People Act 2014, after the word “until” there are inserted the words “ten days after”.
25. Commencement
This Act enters into force on such day as the Sovereign may by Order in Council appoint.26. Short title
This Act may be cited as the Succession to the Crown Act 2016.Schedule A
Oath or Affirmation of Commissioners of Regency
I, N.N., do solemnly and sincerely swear [or affirm] that I will well and truly discharge my duties as a Commissioner of Regency and administer the government of the Kingdom of Æfira according to the laws and customs of this Realm.
Schedule B
Counting of Ballots
1. If there is only one remaining candidate, or if any remaining candidate has a rank of 1 on more than half of the remaining ballots, that candidate is elected. Cease counting.
2. Otherwise, for each remaining candidate,—
(a) for each remaining ballot on which he or she is listed, compute the quotient—where R is the candidate’s rank on the ballot; and
(b) compute the sum of those quotients.
3. Exclude the remaining candidate with the least such sum; or, if two or more remaining candidates share the least such sum, exclude one of them selected by lot.
4. Repeat steps 1 through 3 until a candidate is elected.
Schedule C
Oath or Affirmation of Accession
The oath: I, N.N., do swear by my honor and by my conscience [or by Almighty God, or such other words as may be most binding on the Sovereign’s conscience] that I will administer the government of the Kingdom of Æfira according to the laws and customs of this Realm; that I will to the utmost of my power faithfully uphold the Constitution and the laws, protect and preserve the rights and liberties of my people, defend the Realm, and cause justice to be done and peace to be kept throughout the Kingdom; and that I will render unto the people of Æfira my constant loyalty and true allegiance.
The affirmation: I, N.N., do solemnly, sincerely and truly declare and affirm that I will administer the government of the Kingdom of Æfira according to the laws and customs of this Realm; that I will to the utmost of my power faithfully uphold the Constitution and the laws, protect and preserve the rights and liberties of my people, defend the Realm, and cause justice to be done and peace to be kept throughout the Kingdom; and that I will render unto the people of Æfira my constant loyalty and true allegiance.