Chartered bodies and amending a Royal Charter
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Chartered bodiesAmending a Royal Charter
The use of 'Royal'
Chartered bodies
There are in excess of 900 Chartered bodies. A Royal Charter is a way of incorporating a body, that is turning it from a collection of individuals into a single legal entity. A body incorporated by Royal Charter has all the powers of a natural person, including the power to sue and be sued in its own right. Royal Charters were at one time the only means of incorporating a body, but there are now other means (becoming a registered company, for example), so the grant of new Charters is comparatively rare. New grants of Royal Charters are these days reserved for eminent professional bodies or charities which have a solid record of achievement and are financially sound. In the case of professional bodies they should represent a field of activity which is unique and not covered by other professional bodies.
At least 75% of the corporate members should be qualified to first degree level standard. Finally, both in the case of charities and professional bodies, incorporation by Charter should be in the public interest.
This last consideration is important, since once incorporated by Royal Charter a body surrenders significant aspects of the control of its internal affairs to the Privy Council. Amendments to Charters can be made only with the agreement of The Queen in Council, and amendments to the body's by-laws require the approval of the Council (though not normally of Her Majesty). This effectively means a significant 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.
Amending a Royal Charter
Amendments to Charters can be made only with the agreement of The Queen in Council, and amendments to the body's by-laws require the approval of the Council (though not normally of Her Majesty). This effectively means a significant 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.
Royal Charters, granted by the sovereign on the advice of the Privy Council, have a history dating back to the 13th century. Their original purpose was to create public or private corporations (including towns and cities), and to define their privileges and purpose. Nowadays, though Charters are still occasionally granted to cities, new Charters are normally reserved for bodies that work in the public interest (such as professional institutions and charities) and which can demonstrate pre-eminence, stability and permanence in their particular field.
Many older universities in England, Wales and Northern Ireland are also
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. Chartered bodies.
The use of 'Royal'
The use of the prefix 'Royal' does not necessarily denote the existence of a Charter, it can be granted at the prerogative of the Monarch, and the Privy Council is not involved in the process. For example, Queen Victoria gave permission for 'The Society for the Prevention of Cruelty to Animals' to become 'The Royal Society for the Prevention of Cruelty to Animals' in 1840.
Last Updated: 08 January 2010