A Royal Warrant is a legal document authorised by the Monarch, usually on ministerial advice. Royal Warrants can make a public appointment or authorise a particular action.
This Insight explains what a Royal Warrant is and what it is used for. It is not concerned with the Royal Warrants awarded to certain tradespeople (known as Royal Warrant Holders).
What is a Royal Warrant?
A Royal Warrant is a legal document which requires the King’s signature (known as the Royal Sign Manual) for certain public actions to be authorised.
Unlike Letters Patent, Royal Warrants are not sealed with the Great Seal or the Wafer Seal. Instead, the Second Seal (also known as the Crown Office seal) is used. There is no Patent Roll entry, but notice of a Royal Warrant is sometimes published in The Gazette (the UK’s official public record) under the heading Warrants Under the Royal Sign Manual.
Royal Warrants can be prerogative (without a legislative basis) or statutory. Royal Warrants issued under the royal prerogative are classed as primary legislation (PDF) on the basis that the legislative power of the Crown is original and not subordinate. Warrants issued under an act of Parliament are classed as subordinate legislation (Interpretation Act 1978, section 21).
Some acts of the UK Parliament provide for an appointment “by warrant”, but even if no instrument is specified then this is usually executed by Royal Warrant. Unless there is specific provision in an act of Parliament, a Royal Warrant is countersigned by the responsible minister, normally the Lord Chancellor/Secretary of State for Justice.
Under the Regency Act 1937, a Royal Warrant may be signed by a regent if the Monarch is under the age of 18 or incapacitated, or by two Counsellors of State if the Sovereign is abroad or temporarily unwell.
Unlike some Letters Patent, there is no legislation specifying what wording a Royal Warrant should include.
What are Royal Warrants used for?
Many Royal Warrants make a public appointment, and the signed document is handed to the appointee for their retention. A Gazette notice opens with the line that:
The King has been pleased by Royal Warrant under His Royal Sign Manual dated [insert date and year] to appoint…
Public appointments
Statutory public appointments made via Royal Warrant include:
- The First Minister of Scotland, Lord Advocate and Solicitor General for Scotland (Scotland Act 1998, section 45 and section 49) and the Advocate General for Scotland.
- The First Minister of Wales and the Counsel-General for Wales (Government of Wales Act 2006, section 46 and section 49; these warrants are printed in Welsh and English).
- The Paymaster General, a UK government minister (currently Nick Thomas-Symonds MP) (Paymaster General Act 1835, section 4).
- The Clerk of the Crown in Chancery (Great Seal (Offices) Act 1874, section 8), the Clerk Assistant of the House of Commons (House Of Commons Offices Act 1856, section 1), members of the Independent Parliamentary Standards Authority (Parliamentary Standards Act 2009, schedule 1) and Electoral Commissioners (Political Parties, Elections and Referendums Act 2000, section 1).
- Certain judges in England and Wales under the Courts Act 1971, Senior Courts Act 1981, Courts Act 1984, County Courts Act 1984, Courts Act 2003, the Tribunals, Courts and Enforcement Act 2007 (these warrants are single documents prepared on A4 cream paper at the Crown Office); members of the Judicial Appointments Commission (professional, Lay and judicial) and the Senior Judicial Commissioner (Constitutional Reform Act 2005, schedule 12).
- The Metropolitan Police Commissioner and Deputy Commissioner of Police of the Metropolis (Police Reform and Social Responsibility Act 2011, section 42 and section 43).
- The National Statistician and Chair of the UK Statistics Authority (Statistics and Registration Service Act 2007, section 5 and section 3).
- Inspectors of Constabulary for England and Wales and Inspectors of Fire and Rescue Authorities in England (Police Act 1996, section 54; Fire and Rescue Services Act 2004, section 28), the Director General of the Independent Office for Police Conduct (Police Reform Act 2002, section 9) and the Chief Inspector of Prisons for England and Wales (Prison Act 1952, section 5A).
- The First Church Estates Commissioner and Second Church Estates Commissioner (Ecclesiastical Commissioners Act 1850, section 1), Church Commissioners for England (Church Commissioners Measure 1947, schedule 1), members of the Churches Conservation Trust (Mission and Pastoral Measure 2011, section 57) and the Dean of the Arches and Auditor (Ecclesiastical Jurisdiction and Care of Churches Measure 2018, section 10; this warrant approves an appointment by the archbishops of Canterbury and York).
- The Chair of the Forestry Commission and Forestry Commissioners (Forestry Act 1967, section 2), the First Crown Estate Commissioner and Crown Estate Commissioners (Crown Estate Act 1961, schedule 1).
- The chair and members of the Local Government Boundary Commission for England (Local Democracy, Economic Development and Construction Act 2009, schedule 1) and the Local Government Ombudsman (Local Government Act 1974, section 23; this warrant refers only to the Local Commissioner).
- Members of the court of directors of the Bank of England, including the Governor, deputy governors and non-executive directors (Bank of England Act 1998, section 1).
- Grant of administration to the Treasury Solicitor to act on behalf of the Crown with regards to bona vacantia (ownerless property) (Treasury Solicitor Act 1876, section 2).
Some prerogative appointments made by Royal Warrant include the Lord President of the Court of Session (in Scotland), Regius Chairs at certain Scottish universities, the Astronomer Royal for Scotland and the Provost of Eton College.
Actions
Specific actions authorised by Royal Warrant (usually under the royal prerogative) include:
- directing the Lord Chancellor to pass documents under the Great Seal
- authorising unrestricted use of the lion rampant flag in Scotland
- creating Regius Professorships at English and Welsh universities
- making alterations to Church of England prayers for the Royal Family and Prayers for Accession Day (the anniversary of the King’s succession to the throne on 8 September 2022)
- providing that Commissioners for the Safeguarding of the (Scottish) Regalia are responsible for the Stone of Scone (also known as the Stone of Destiny)
- granting precedence or a title to an individual, or a position in the order of precedence to an individual or groups of individuals
- declaring the style of Justices of the Supreme Court
- directing the Lord Chancellor to maintain a Roll of the Peerage and an Official Roll of the Baronetage
- authorising usage of Armorial Bearings and Ensigns (according to The Gazette, these warrants are made under the King’s “Royal Signet and Sign Manual”)
- overseeing, in part, the governance and administration of the armed forces (the powers of the Army and Air Force Boards, for example), armed forces pensions (PDF) as well as promotions and appointments (PDF)
- creating medals (for example, the Polar Medal) and awards (for example, the King’s Award for Enterprise)
A rare example of statutory provision for certain matters to be addressed by Royal Warrant is the Armed Forces Act 2006. Under this, the King may by warrant make provision regarding pay, bounty and allowances for members of the regular or reserve forces (section 333) and regarding protected prisoners of war (section 371A).
Further reading
About the author: Dr David Torrance is a researcher at the House of Commons Library, specialising in monarchy and the constitution. With thanks to Jason Loch for providing images of many of the warrants listed above.
Photo by: Shadowssettle via Wikimedia Commons