header-logo header-logo

Counsellors of State: time to widen the circle? (Pt 2)

27 January 2023 / Neil Parpworth
Issue: 8010 / Categories: Features , Constitutional law , Public
printer mail-detail
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll