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27 January 2023 / Neil Parpworth
Issue: 8010 / Categories: Features , Constitutional law , Public
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Counsellors of State: time to widen the circle? (Pt 2)

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Is the Counsellors of State Act 2022 a short-term solution? Neil Parpworth suggests it may be a missed opportunity for bolder reforms

In brief

  • The modest changes made to the Regency Act 1937 by virtue of s 1, Counsellors of State Act 2022, which received royal assent in December 2022.
  • Consideration of why the new Act might be regarded as a missed opportunity to make more significant reforms with longer lasting effects.

The Counsellors of State Act 2022 (CSA 2022) received royal assent on 6 December 2022 and came into effect the day after (see s 2(2), CSA 2022). Unusually, it is a piece of legislation which was effectively requested by the sovereign, as was evident from a message sent by the king to both Houses of Parliament on 14 November 2022, which read as follows:

‘To enable continued efficiency of public business when I am unavailable, such as while I am undertaking official duties overseas, I confirm that I would be most content, should Parliament see fit, for the number of people who

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