Prince Andrew Retains Place in Line of Succession Despite Loss of Royal Titles, Government Confirms

The Legal Status of Prince Andrew in the Royal Succession

In a definitive statement addressing persistent public inquiry, the UK government has confirmed that there are no plans to remove Prince Andrew, the Duke of York, from the official line of succession to the British throne. This clarification comes several years after the Duke was stripped of his military affiliations and use of the title His Royal Highness (HRH) following the scandal that engulfed him.

Despite the profound impact of the scandal on his public role and status within the Royal Family, the government’s position underscores a crucial distinction in constitutional law: the legal right to the throne is determined by birthright and specific Acts of Parliament, not by the holding of ceremonial titles or patronages.

For the millions of people tracking the developments surrounding the Royal Family, the immediate takeaway is clear: Prince Andrew remains in his position in the line of succession, currently ranking below the children of the reigning monarch and their direct descendants.

Why Titles Do Not Affect Succession Rights

The core reason for the Duke of York retaining his place lies in the legal framework governing the British monarchy. Unlike the granting or removal of titles, which are matters of royal prerogative, the line of succession is codified in law.

The Governing Legislation

The succession is primarily governed by two key pieces of legislation:

1. The Act of Settlement 1701: This historic act established that only Protestant descendants of Princess Sophia (the Electress of Hanover) can inherit the throne, and it remains the foundation of the current system.
2. The Succession to the Crown Act 2013: This modernizing act abolished male-preference primogeniture, meaning that succession is now determined by birth order regardless of gender. It also ended the disqualification of those who marry a Roman Catholic.

Crucially, neither of these Acts ties a person’s place in the line of succession to their HRH status, military titles, or royal patronages. The only way for an individual to be legally removed from the line of succession is through an Act of Parliament—a complex and politically sensitive constitutional undertaking that the government has explicitly ruled out pursuing.

The Difference Between Role and Right

When Prince Andrew stepped back from public duties and subsequently lost his titles, he lost the privileges and public roles associated with being a working royal. These included:

• Military Affiliations: He relinquished all honorary military titles.
• Royal Patronages: He returned numerous charitable and organizational patronages.
• HRH Status: He ceased using the style ‘His Royal Highness’ in any official capacity.

However, the right to inherit the throne is a birthright established by statute. Losing the ability to use the HRH style does not equate to being legally disinherited.

Implications for the Role of Counsellor of State

While the line of succession remains unchanged, the loss of HRH status has significant practical implications, particularly concerning the role of Counsellor of State.

Counsellors of State are appointed to act on behalf of the monarch (currently King Charles III) if he is temporarily indisposed or abroad. Historically, Counsellors of State were the four people next in the line of succession who were over the age of 21, excluding the heir apparent.

Following the Duke of York’s withdrawal from public life, and the subsequent passing of the Counsellors of State Act 2022, the list of eligible individuals was expanded to include the Princess Royal and the Earl of Wessex (now the Duke of Edinburgh).

This legislative change effectively ensured that non-working members of the Royal Family, such as Prince Andrew and Prince Harry, would not be called upon to perform official duties on behalf of the Crown, even if their legal position in the succession remained intact.

“The government’s decision not to pursue parliamentary action to alter the line of succession reflects a deep-seated constitutional principle: that the succession is a matter of law, not public opinion or personal conduct. Changing it requires constitutional consensus, which is currently lacking.”

The Impact on Andrew’s Immediate Family

The scandal surrounding Prince Andrew has had a profound effect on his immediate family, including his ex-wife Sarah Ferguson and their two daughters, Princess Beatrice and Princess Eugenie.

Since the line of succession is determined by descent from the monarch, the legal positions of Princess Beatrice and Princess Eugenie remain entirely unaffected by their father’s loss of titles. Their places in the line of succession are secured by their birthright as grandchildren of the late Queen Elizabeth II.

Key Facts Regarding the Family’s Status:

• Princess Beatrice and Princess Eugenie retain their titles and their places in the line of succession.
• Their children follow them in the succession order.
• Neither Princess is a working royal, though they undertake limited public engagements.
• The focus remains on the continuity of the legal line of descent, which is separate from the public profile of individual family members.

Key Takeaways: Understanding the Succession

For readers seeking clarity on the Duke of York’s current status, these are the essential facts confirmed by the government and constitutional experts:

• Succession Status: Prince Andrew has not been removed from the line of succession and there are no government plans to do so.
• Legal Basis: His place is protected by the Act of Settlement 1701 and the Succession to the Crown Act 2013, which require parliamentary action to change.
• Titles vs. Rights: The loss of his HRH status and military titles was a matter of royal prerogative and public relations, separate from his legal right to the throne.
• Counsellor Role: Due to the Counsellors of State Act 2022, he is effectively prevented from serving as a Counsellor of State, ensuring that only working royals can perform duties on behalf of the King.
• Family Status: The succession rights of Princess Beatrice and Princess Eugenie remain secure and are unaffected by their father’s situation.

Conclusion: Stability Over Scandal

The government’s unambiguous statement provides constitutional stability in the face of intense public scrutiny. By confirming that the line of succession will not be altered, the UK government reinforces the principle that the monarchy operates under the rule of law, where birthright and statute take precedence over personal conduct or public scandal. While Prince Andrew’s public life as a royal is over, his legal status as a potential heir, however remote, remains a fixed point in the constitutional landscape of 2025.