Duke of Rothesay - Legal Basis

Legal Basis

An Act of the Parliament of Scotland passed in 1469 governs the succession to most of these titles. It provides that "the first-born Prince of the King of Scots for ever" should hold the dukedom. If the first-born Prince dies before the King, the title is not inherited by his heir – it is only for the first-born son, like the Duchy of Cornwall — nor is either inherited by the deceased duke's next brother, unless that brother also becomes heir-apparent. Though the Act specified "King," eldest sons of Queens Regnant subsequently also held the dukedom. The interpretation of the word "Prince", however, does not include women. The eldest son of the British Sovereign, as Duke of Rothesay, had the right to vote in elections for representative peers from 1707. (The 1707 Acts of Union between the Parliament of Scotland and Parliament of England formally unified both kingdoms to create the Kingdom of Great Britain). This right continued until 1963, when the UK Parliament abolished the election of representative peers.

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