Frequently Asked Questions on Royal Charters

For other frequently asked questions not relating to Royal Charters, please see the seperate list.

What is a Royal Charter?
A Royal Charter is an instrument of incorporation, granted by The King, which confers independent legal personality on an organisation and defines its objectives, constitution and powers to govern its own affairs. The terms of each Charter are therefore different, depending on the individual requirements of the type of organisation that is being incorporated.

What effect does incorporation by Royal Charter have on a body?
Incorporation by Charter is a prestigious way of acquiring legal personality and reflects the high status of that body. The authority for the grant of a Charter comes from the Royal Prerogative, that is to say, the grant is made by the Sovereign (on the advice of the Privy Council).

An institution incorporated by Charter is, subject to the general law, generally self-regulating and not answerable to the Privy Council or the Privy Council Office in relation to the conduct of its internal affairs.

Can I complain to the Privy Council about a Chartered Body?
The Privy Council does not have a role in complaints in respect of Chartered bodies. The grant of a Charter gives a body the rights and powers of a natural person. The Privy Council cannot intervene in the internal affairs of Chartered bodies any more than it could intervene in the private affairs of a citizen. The Privy Council has no such statutory powers, and it would therefore be acting beyond its remit if it attempted to do so.

The Privy Council has no power to investigate, or even to take a view on, any matter of fact or law relating to a Chartered body. The only power that the Privy Council has in relation to Chartered bodies is the reactive one of considering changes to Charters and Bye-laws that are submitted to it for approval. The Privy Council has no power to require a Chartered body to make any changes to its constitution; and if it sought to do so indirectly (e.g. by refusing to approve an amendment unless further unrelated amendments were made) it would be liable to judicial review on the grounds that it was abusing its powers.

If you believe that a Chartered body is in breach either of its Charter or of the general law then the correct recourse is to the body itself; and if that fails to provide a remedy, and if you believe that it has acted unlawfully, to the courts. Before considering court action against a body it would be sensible to seek professional legal advice.

Does a Charter have legal effect once it’s granted by The King in Council?
A Royal Charter takes legal effect on the date on which it is sealed by the Crown Office, or such later date as specified in the Charter.

Is the Privy Council responsible for approving the use of the word ‘Royal’ in the name of an institution?
Issues relating to the use of the word ‘Royal’ are administered by the Royal Names Team of the Cabinet Office. Enquiries should be emailed to: royalnames@cabinetoffice.gov.uk

If an Institution is subject to a Charter and an Act of Parliament, which takes precedence?
An Act of the Crown in Parliament takes precedence over a Charter.

How many Chartered bodies are there?
Whilst there is no definitive answer, our records indicate that in excess of 1000 Charters have been granted.

What is the history of incorporation by Charter?
Before the 19th century, the grant of a Charter of Incorporation was the principal method of creating separate legal personalities. By this means, universities, colleges, schools, municipalities, guilds and livery companies, a wide range of benevolent institutions and, with the development of trade, a growing number of joint stock companies were incorporated over a long period. Various criteria were applied over the years to such grants. When legislation was introduced in the 19th century facilitating the incorporation of commercial enterprises, and with the advent of charities legislation, the occasion for incorporation by the grant of a Charter became much reduced, and the grant of a Charter came to be seen more as a token of Royal favour or as a mark of distinction.

As such, it came to be limited to bodies pre-eminent in their field and satisfying certain criteria, which varied according to the category in which the applicant fell, and since the 1950s one of these criteria has been that the petitioner shall exist not solely to advance the interests of its members but also, and primarily, to advance the public interest.

How can a Chartered body amend its Charter?
Each Charter will specify the process the organisation needs to follow internally in order to apply for amendment to its Charter, Byelaws or Statutes. Amendments to Charters can be made only with the agreement of The King in Council; and amendments to the body’s Byelaws or Statutes require the approval of the Privy Council. This effectively means a degree of Government regulation of the affairs of the body, and the Privy Council will therefore wish to be satisfied that such regulation accords with public policy, and that there is some public benefit.

Can a Chartered body register with Companies House?
Yes. Organisations incorporated by Charter can be registered at Companies House, who allocate an identification number with the prefix ‘RC’. This is to distinguish them from the other bodies, which are incorporated under the various Companies Acts. Companies House require verification from the Privy Council Office before registering a Chartered body, and before altering an existing registration.

Why do some individuals call themselves ‘Chartered’?
The Charters of a number of bodies provide that individuals who meet certain criteria may use an individual Chartered title. Privy Council Office policy on individual Chartered designations can be found on our website.

Do all Chartered bodies have the power to award individual Chartered designations?
No, only certain Charters have within them the power to award Individual Chartered designations (e.g. Chartered Surveyor, Chartered Engineer, Chartered Banker). The list of designations approved by the Privy Council can be viewed on our website.

What if an organisation is using a ‘Chartered’ designation that is not approved?
Individual Chartered designations that are not approved by The King in Council, or the Privy Council are not recognised by the UK Government; and no assurance can be given that such designations meet the same high standards as authorised designations.

How can a Royal Charter be revoked?
The Privy Council Office is unable to provide legal advice, and the following information should not be construed as such. The Office is not aware of any Charter being revoked since the time of Charles II. Our understanding is that The Sovereign has no power to revoke a Charter ‘at will’, without the consent of the original grantees or their successors. In the absence of consent, it may be that the only way to revoke a Charter granted under the prerogative would be by primary legislation.

Separately, legal proceedings by way of Scire Facias (a writ requiring a person to show why a judgement regarding a record or patent should be enforced or annulled) could be brought by a third party in the administrative court. This is the only means by which a court may determine forfeiture of a Royal Charter. A Claimant would need to show some degree of interest in the proceedings to bring a claim, but the extent of this would depend on the circumstances. Where it is claimed that a Chartered body has acted in breach of a term of the Charter, the court has discretion to determine whether the Charter should be forfeited or not. Historically, there have been very few scire facias cases – the last one being in 1853.

Are Borough Charters different?
Yes. Whilst most Royal Charters are granted under the Royal Prerogative, Borough Charters are granted under statutory powers. Section 245 of the Local Government Act 1972 provides His Majesty in Council with the power to confer Borough Status on petitioning District Councils through the grant of a Charter. The conferring of Borough Status is purely honorific. The District Council becomes a Borough Council and as a result the District Council Chairman and Deputy Chairman may style themselves Mayor and Deputy Mayor. The change in status has no impact on the functions or responsibilities of the local authority.