The TelegraphThe Telegraph
The Queen greets her grandson, Prince Harry, in 2015 - Julian Simmonds
The Queen greets her grandson, Prince Harry, in 2015 - Julian Simmonds

The Telegraph understands that the Duke of Sussex has renewed his lease on Frogmore Cottage and will continue to be allowed to deputise for the Queen.

The Duke, who lives in California but is still a UK citizen, is able to serve his grandmother as one of her four Counsellors of State because of his old Windsor address.

The lease expires on March 31, so he and the duchess had to make a decision. The Telegraph understands that they will continue the arrangement.

The decision has been considered by the family, but this week the Duke insisted he still considers the UK to be a safe place to visit.

Since moving his family to California, he has only returned a few times to see his family and friends, but he has emphasized his desire to return to Britain to see his family and friends.

There are no planned changes to the current arrangement according to a spokeswoman for the Duke of Sussex.

The Duke of Sussex has renewed his soon-to-expire lease on Frogmore Cottage - Alamy
The Duke of Sussex has renewed his soon-to-expire lease on Frogmore Cottage - Alamy

The renovations to Frogmore Cottage were paid back in September 2020 in a complicated arrangement detailed in the palace annual accounts.

Princess Eugenie, Jack and their son August lived there while her cousin was in LA.

The Telegraph has learned that the living arrangements of Prince Harry have become a constitutional matter because he is one of the Queen's four remaining Counsellors of State.

A source with extensive knowledge of the legal issues said that counsellors must only bedomiciled in the UK, with two historic examples of individuals who lived abroad while remaining in the role: one against his will as a prisoner of war and the other working in a realm.

The Prince of Wales, the Duke of Cambridge, the Duke of Sussex and the Duke of York can take on some of the Queen's duties if she becomes ill.

Stepping into the Queen's shoes

While the role has been little-known to the public for decades, it is now at the center of significant concerns about what should happen if the Queen is unable to fulfill her duties for a short period of time through illness or injury.

The Prince of Wales and the Duke of Cambridge were out of action when the prince was in isolation.

The Duke of York stepped down from public duties after his Newsnight interview. He paid $12 million to Virginia Guiffre, who accused him of sexual assault and rape when she was a child.

Critics of Prince Andrew argued this week that he should be stripped of the role.

Dr Craig Prescott, an expert in UK constitutional law, said change was inevitable, while historian Hugo Vickers said Prince Andrew shouldn't be a counsellor of state if he isn't taking part in royal life.

Buckingham Palace insists that legislation is the only way to change the Counsellors of State.

Change only through legislation

The Telegraph was told by constitutional experts that it would never happen unless the Queen asked for it.

The Queen asked Parliament to add the Queen Mother and Duke of Edinburgh to the position during her reign.

One source with knowledge of the legal issues said that there was nothing disqualifying about the Duke of York remaining in the role, which falls to the four people next in line to the throne over the age of 21.

It has been reported that the Duke of Cornwall may be made a state counsellor. She will become a spouse of a monarch at the accession of Prince Charles.

Counselors are able to carry out most of the Queen's official duties, including Privy Council meetings, signing routine documents and receiving credentials of new ambassadors, thanks to letters patent. They can't create peers or appoint a Prime Minister, and Parliament can only be dissolved by the monarch.

The Queen went on a tour to Malta in 2015.

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