Will Charles now try and remove Harry as Counsellor of State? Legal experts say ... trends now

King Charles III can only remove Prince Harry as a Counsellor of State by consulting Parliament, legal experts confirmed today after his son formally cut ties with Britain.

The Duke of Sussex also cannot resign from the stand-in role which means he can technically still deputise for the monarch if he is overseas on an official trip or ill.

Charles has postponed all public-facing duties while undergoing cancer treatment, but is continuing with behind-the-scenes work on his red boxes of state papers.

Provisions for the Counsellors are made under the Regency Acts 1937 to 1953 and those who can currently stand in for the King include his wife Queen Camilla, along with the four most senior adults in the line of succession who are aged at least 21.

This quartet is Prince William, Princess Beatrice, the disgraced Prince Andrew and Harry, who now lives in California after stepping down as a working royal in 2020.

Debate over Harry being one of Counsellors returned today after it was revealed he had updated his records in the UK to make clear that he no longer lives in Britain.

But constitutional expert Craig Prescott, a lecturer in law at Bangor University, said Buckingham Palace could only ditch Harry as a Counsellor by going to Parliament.

He told MailOnline: 'It's a matter for Parliament. But as happened with the Counsellor of State Act 2022, if the Palace wanted to change the law, then they would consult with the Government, who would introduce the necessary legislation in Parliament.

'It would be passed very quickly, any change would only be a short bill.

'But the Palace only seem to move then there's a real issue, they are very cautious about any legislation to the with the monarchy, because the Government and Parliament have other priorities.'

Mr Prescott was referring to the 2022 Act when the King added Princess Anne and Prince Edward to the list of members of the Royal Family who can stand in for him when he can't fulfil certain official duties.

Asked whether Harry could quit the Counsellor role himself, Mr Prescott added: 'No. He can't resign because it's laid down in the Regency Acts who is a Counsellor of State - and for that matter who would be the Regent. 

'There is no provision for anyone to resign. At least as regards Counsellors of State, the only thing you can do is simply not to act, with others doing so instead.'

Towards the end of the late Queen's reign, the Counsellors dilemma was left unresolved, with sources saying there would be no change in the law despite the scandal surrounding Andrew, and Harry's permanent departure for the US.

Public debate and pressure to resolve the situation increased when Elizabeth II got Covid and became increasingly frail.

Then in November 2022, just two months after she died, Charles moved to address the issue, appearing to underline there was no way back into public life for his brother Andrew, as well as sidelining his son Harry.

The King, however, opted to ask for a less drastic option by seeking to add Anne and Edward, rather than removing Andrew and Harry entirely from the list.

Charles's intention was announced that month in a signed message read to the House of Lords by the Lord Chamberlain, Lord Parker of Minsmere, who is the most senior official in the royal household.

The King said the aim of the increase was to 'ensure continued efficiency of public business when I am unavailable'. The message was read out on Charles's 74th birthday.