Newark Larken & Co looks at the laws the Queen does not have to follow
As the nation marks the Platinum Jubilee of Queen Elizabeth II and prepares to celebrate this momentous and historic occasion over the weekend, Lesley Purveur, of Larken & Co, looks at some of the laws the Queen doesn't have to follow.
The Queen can drive without a licence.
Although driving licences are issued in the Queen’s name, she is the only person in the UK who does not legally need a licence to drive, or a number plate on her cars.
In addition, the Royal Family do not have to obey legal speed limits, but only when driven by police on official Royal duties.
The Queen does not need a passport to travel.
We all know that getting a passport is not without its difficulties — not only is it necessary to fill out paperwork and pay a fee, but the photograph must be just right to meet with the relevant approval.
As the British passport is issued in the name of Her Majesty, it is unnecessary for the Queen to possess one.
However, all other members of the Royal Family, including the Prince of Wales, hold their own passports.
The Queen does not have to use a surname.
Unlike many people who go by a first, middle and surname name, many members of the Royal Family do not need to use a surname at all.
They are frequently known by the name of the Royal House, so Sovereigns normally take the name of their House from their father.
The Queen confirmed her family name Windsor following her accession to the throne in 1952. Years later she issued a Letters Patent that stated while the House name remained Windsor, the family name would be Mountbatten Windsor.
The Queen holds sovereign immunity.
This means that the Queen is exempt from prosecution under civil or criminal investigation. Further, the Queen cannot be compelled to give evidence in court.
The saying “no one is above the law” does not therefore apply to the Queen, but the Royal website assures us that “the Queen is careful to ensure that all her activities in her personal capacity are carried out in strict accordance with the law.”
The Queen has automatic legal custody of all of her descendants and her minor grandchildren.
Although it’s unlikely that the Queen would ever take her grandchildren away from their parents, this 300-year-old rule remains in place.
It is said to date back to the times of King George I who had a very poor relationship with his son, the future King George II, so he had this law passed meaning that the King was the guardian of his grandchildren.
The Queen is exempt from Freedom of Information requests.
The UK’s Freedom of Information Act allows people to request access to public sector organisation records. Anyone in the world, irrespective of age or nationality, can request information under the act which is intended to provide transparency into the workings of the government and to build trust between them and the people.
This rule allows the Royal Family to exercise more privacy over their day-to-day duties and financial affairs, although it is the Royal Household’s policy to provide information as freely as possible and to account openly for its use of public money.
The Queen has the power to form governments and appoint Lords.
As Head of State of Australia, she holds the ability to dismiss the entire Australian Government, and as Head of the Church of England, she has the power to appoint Bishops and Archbishops.
Most famously, the Queen owns all swans in the River Thames, and all dolphins in British waters.
The Queen has to remain strictly neutral on political matters.
She does, however, remain at the heart of the justice system in the UK, and while no longer administering justice in a practical way, retains an important symbolic role of the figure in whose name justice is carried out, and law and order are maintained.
