SUCCESSION TO THE CROWN BILL (2004-05)
The following bill was introduced into the House of
Lords on 9 December 2004 by the Labour peer, Lord Dubs, but
was withdrawn by him on 14 January 2005 after the government
signified that it would oppose the bill in the House of
Commons.
Succession to the Crown Bill
[HL]
A BILL TO Make provision about succession
to the Crown and about Royal marriages.
BE IT ENACTED by the Queen’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:—
1 Succession to the Crown
(1) In determining the line of succession
to the Crown and to all rights, privileges and dignities belonging
thereto no account shall be taken of gender, notwithstanding
any previous custom or rule of law to the contrary.
(2) This section is subject to the Act
of Settlement (1700 c. 2).
2 Roman Catholic consorts
(1) The Bill of Rights (1 Will. & Mar.
Sess. 2 c. 2) is amended as follows.
(2) In section 1, in the paragraph
starting “Upon which their said Majestyes did accepte the
crowne”, omit the words “or shall marry a papist” and “or
marrying”
(3) The Act of Settlement is amended as
follows.
(4) In section 2 (The persons
inheritable by this Act, holding communion with the church
of Rome, incapacitated as by the former Act; to take the
oath at their coronation, according to Stat 1, W & M c 6),
omit the words “or shall marry a papist”.
(5) The Union with Scotland Act 1706 (c.
11) is amended as follows.
(6) In Article II (Succession to the monarchy),
omit the words “and persons marrying papists” and the words
“or person marrying a papist”.
(7) The Union with England Act 1707 (c.
7) is amended as follows.
(8) In Article II, omit the words “and
persons marrying papists” and the words “or person marrying
a papist”.
3 Royal marriages
The Royal Marriages Act 1772 (12 Geo.
3 c. 11) is repealed.
4 Effect
(1) This Act does not affect any succession
to the Crown before the date on which this Act was passed. 5
(2) This Act affects the order of succession
to the Crown in the event of the death of Her present Majesty.
5 Repeals
The Schedule sets out repeals.
6 Short title and extent
(1) This Act may be cited as the Succession
to the Crown Act 2005.
(2) This Act extends to the United Kingdom
only.
SCHEDULE
REPEALS
|
Short title and chapter |
Extent of repeal |
|
Bill of Rights (1 Will. & Mar. Sess. 2 c. 2)
|
In section 1, the words “or shall marry a papist"
and “or marrying”.
|
|
Act of Settlement (1700 c. 2)
|
In section 2, the words “or shall marry a papist”.
|
|
Union with Scotland Act 1706 (c. 11)
|
In Article II, the words “and persons marrying papists”
and the words “or person marrying a papist”.
|
|
Union with England Act 1707 (c. 7)
|
In Article II, the words “and persons marrying 10
papists” and the words “or person marrying a papist”.
|
|
Royal Marriages Act 1772 (12 Geo. 3 c. 11)
|
The whole Act.
|
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