
The Prince Andrew made a statement two days ago that, following discussions with the rest of the royal family, he will “no longer use my title or the honours which have been conferred upon me”. This is a press release rather than any formal instrument of law, so does not properly remove those from him, though a complete stripping away of said title and honours may be looming anyway. It is important to be aware of the principles and procedures involved here.
Removal of the Peerages
Andrew holds three titles in the Peerage of the United Kingdom â Duke of York, Earl of Inverness and Baron Killyleagh â which were conferred on him by Queen Elizabeth II. He has committed to ceasing all use of these titles whether in public or private context and so most if not all press and official sources will no longer use them when referring to him, but legally removing them is not easy. For almost a thousand years it has been the case that the reigning monarch (nowadays always on the advice of the Prime Minister) was broad prerogatives to hand out peerages at will, but not to then take them back again.
Some media sources are misusing technical terms here: The peerages are not “dormant” (which occurs when the incumbent dies and it is not clear who, if anyone, is the heir), nor “abeyant” (which is where the peerage allows succession to heirs female but without ranking them by primogeniture as the males are, so that inheritance is split between them). They are also not “extinct” or “reverted to the crown” (when the incumbent dies there is definitely no heir), nor “merged with the crown” (when the peer ascends to the throne). Probably the most appropriate term here is disused, for while Andrew legally still is Duke of York, he and everyone else will behave as if he isn’t.*
This video by Dr Allan Barton, writer of The Antiquary, explains most of the processes of removing peerages, which I will here summarise in textual form:
Recent Legislation
The Peerage Act 1963 provided, among other measures, for a person who has inherited a peerage within the last twelve months to disclaim it for his lifetime by writing to the Lord Chancellor. This is not relevant to Andrew’s situation as he has held his titles for over thirty-nine years and they were newly-created for him rather than inherited.
The House of Lords Reform Act 2014 allows peers to retire from Parliament at will, and also allows the Lord Speaker to expel members who are absent without leave for a whole session of six months or longer, as well as those who receive criminal convictions resulting in imprisonment for more than a year. The House of Lords (Expulsion and Suspension) Act 2025 further gives the House the power to vote out members who breach the code of conduct. Notably neither of these acts say anything about removing the titles of those affected, only their membership of the legislature. These are not relevant to Andrew’s situation either because his membership of the upper house was already terminated by the House of Lords Act 1999 and he was not one of the peers elected to stay on at the time nor has he contested any of the hereditary peer by-elections since then.
The Titles Deprivation Act 1917 allowed King George V to revoke British peerages from those whom a specially-appointed committee of the Privy Council had identified as aiding or supporting an enemy country in the First World War. This is probably the closest precedent for Andrew’s situation but still is not itself applicable as his alleged offences are not of the nature described therein, plus “the present war” as specified is one that ended more than four decades before his birth.
Earlier Legislation
In medieval and early modern times, a recurrent political weapon was the Act of Attainder. This was a special Act of Parliament which convicted and sentenced its target for a serious crime without the need for a trial in court. An attainted man lost all of his civil rights and his property was all forfeit to the state. If he held a peerage this was forfeit in the same way.
This was used regularly to punish peers who were political enemies of the monarch, especially if they had led revolts against him. There is precedent for this being used against members of the monarch’s own immediate family, most notably in 1478 when George Plantagenet was attainted and then executed for treason against his brother King Edward IV. He lost the dukedom of Clarence and all subsidiary titles, which his own son Edward of Warwick was then unable to inherit.** The last use of an act of attainder against a peer of the realm was in 1745, when several dozen people were convicted for the Jacobite uprising against King George II.
The procedure for attainder was abolished in the nineteenth century and Winston Churchill was dissuaded from attempting to revive it in the twentieth. The concept of convicting a person of a crime through the legislature rather than the courts was open to abuse for political purposes and is considered incompatible with modern conceptions of Human Rights, so its future usage is highly unlikely.
If the present Duke is to be properly deprived of his peerages, a bespoke new law will need to be devised.
Removal of the Knighthoods and Other Honours
Elizabeth II appointed her son a Commander of the Royal Victorian Order in 1979, then promoted him to Knight Commander in 2003, then Knight Grand Cross in 2011. She also appointed him a Royal Knight Companion of the Order of the Garter in 2006.
Appointments to orders of chivalry are by the monarch’s letters patent, which can be cancelled and annulled by subsequent letters patent. Andrew’s knighthoods are both in orders under the monarch’s direct control rather than those subject to ministerial advice so I would logically assume that members can be removed (or, to use the technical term, degraded) at the monarch’s will as well, but this page on the Cabinet Office website is a little ambiguous.
Andrew was appointed a Grand Companion of the Order of Logohu in 2015. This order has the King of Papua New Guinea as sovereign and the Governor-General as Chancellor, but I haven’t so far found a source clarifying whether governmental advice is required for either appointment or removal.
Andrew also has a raft of military and commemorative medals, including the South Atlantic Medal for his service in the Falklands War. I haven’t looked up the rules of eligibility and forfeiture for all of these individually. His foreign awards (such as the Royal Norwegian Order of St Olav) are up to those countries to decide.
Removal of the Status of Prince
The dignity of Prince or Princess of the United Kingdom, along with the style of Royal Highness, is conferred by the sovereign either by letters patent or royal warrant and can be revoked by the same. François Velde of the website Heraldica has compiled the texts of all of these since 1864. It should be noted that, whereas the monarch himself has a distinct legal title in each of the Commonwealth Realms, the titles of the rest of the royal family only exist in the law of the United Kingdom and are recognised in the other realms by courtesy.
Removal from the Line of Succession
Per the Statute of Westminster 1931 any changes to the rules for succession to the throne must be agreed by all the Commonwealth Realms in unison. Per the Act of Settlement 1701 the Duke can remove himself from the line of succession by converting to Roman Catholicism. Perhaps that is something His Majesty can discuss with His Holiness at next week’s state visit.
Other Matters
The Order of Precedence in Scotland is determined by a royal warrant from 1905. That in England & Wales is based mainly on an ordnance by the Lord Chamberlain in 1595. These can be, and frequently are, amended in small ways by successive royal warrants to assign precedence to individuals and offices for which the original documents did not account. The King could likely revoke Andrew’s precedence as a brother of the monarch by this method.
The House of Lords Precedence Act 1539 (which per se only applies within the Lords chamber but in practice has been used as a basis for the order of precedence in England more widely) is primary legislation and would need another act of Parliament to change it.
Andrew is still eligible to be a Counsellor of State per the Regency Act 1937, as the Counsellors of State Act 2022 did not remove existing counsellors. His position as fourth adult in line to the throne will not change until Princess Charlotte has her twenty-first birthday in 2036. He could be ruled out early if he ceases to be a British subject and/or domiciled in the United Kingdom. Again, the only other way to remove him is by new primary legislation.
His precedence is largely an academic matter now that he is no longer attending even family events let alone public ones, and is fantastically unlikely to be called upon to attend a sitting of Parliament nor to sign state papers, but if there is to be a bill to remove his peerages then it would be fairly easy to tack on an extra couple of sentences dealing with these matters too.
I am a little uncertain as to the protocols around removing his naval rank, but it seems that, with the cooperation of the Admiralty Board, he can be permitted to resign his commission.
Before we get carried away with all of this, it is worth reminding ourselves of the state of limbo in which the addled prince currently lives â he has, after all, still yet to be convicted of, or even tried for, any crime, and in the future it may be considered by cooler heads that a bad precedent was set in such degradation based on the heat of public opinion.
Finally, spare a thought for Andrew Lownie, whose book is, much as I predicted, already seriously overtaken by events barely two months after publication. He’ll have to rush out a new edition next year, I suppose!
FURTHER READING
FOOTNOTES
*The closest parallel, though still quite weak, is how Queen Camilla was legally Princess of Wales from 2005 to 2022 but styled herself Duchess of Cornwall instead.
**As the attainder only applied to his father, he could still inherit the earldoms of Warwick and Salisbury from his maternal grandmother… but then in 1499 he too was attainted and executed for treason against King Henry VII. The latter title was restored in 1512 to his sister Margaret, but then she was attainted in 1539 and executed in 1541 for treason against King Henry VIII.
UPDATE (20th October)
Dr David Torrance has produced a briefing on this topic for the House of Commons Library. My FOI request to the Cabinet Office as to whether the Honours Forfeiture Committee’s remit includes those orders in the sovereign’s personal gift has been rejected.