A ROW has blown up as it emerged that Prince Andrew is able to step in for the King and perform royal duties after being automatically bestowed the role of Counsellor of State.

The role is given to the four royals next in the line of succession who are older than 21, in addition to the monarch's spouse.

It means that the five people who have the authority to represent King Charles III are Queen Consort Camilla, Princes William, Harry, Andrew and his eldest daughter, Princess Beatrice.

Critics have expressed outrage at the appointment of the Prince Andrew who stepped back from royal duties in 2020 amid sex abuse allegations which he strenuously denies.

But the assignment was not King Charles' choice.

The inclusion of Andrew and omission of his older sister Princess Anne - who was last year named "hardest working royal" for taking 387 official engagements that year - has sparked debate over whether the rules should be changed so the Princess Royal could act as one of the counsellors.

Some legal experts say that the only way it can be changed is by an Act of Parliament to exclude Prince Andrew from both the line of succession and acting as a regent.

And Scots human rights lawyer Aamer Anwar, who was outraged by Prince Andrew's role says politicians should be taking action.

Princess Anne is not included because under the Regency Act 1937 male heirs had first right to the throne over females – a rule known as male royal primogeniture.

The Herald: NoneNone (Image: PA)

The late Queen overturned the rule in 2013 under the Succession to the Crown Act, which gave women equal succession rights to men, but it was not implemented retrospectively.

So Princess Anne, now 72, is actually 16th in line for the throne. Meanwhile, Princess Charlotte has held her place in the line of succession to the British throne, despite having a younger brother, Prince Louis.

Prince Andrew, 62, has been under intense scrutiny since his 2019 BBC interview in which he tried to justify his close relationship with paedophile Jeffrey Epstein and convicted sex-trafficking madam Ghislaine Maxwell.

He has repeatedly denied any allegations of sexual misconduct.

But in March the Duke of York paid a financial settlement in a sexual assault case filed against him by Virginia Giuffre - formally ending a civil case brought against him in the US, according to court documents.

It spared him the humiliation of giving evidence in a trial and protecting the royal family from further reputational damage.

The amount being paid by Prince Andrew in the deal  was not revealed.

The court documents say each side will "bear her/his own costs and fees".

There was speculation about how Prince Andrew might afford the settlement, which could cost millions of dollars.

The out-of-court settlement accepted no liability and Prince Andrew has always strongly rejected claims of wrongdoing.

The duke also pledged to "demonstrate his regret for his association" with the sex offender Jeffrey Epstein.

The Herald: Prince Andrew, who has since stepped down from royal duties following his Newsnight interview and involvement with Jeffrey Epstein

A month before the February settlement the Queen stripped her second son of his royal patronages, honorary military titles, and his official use of his HRH style in a bid to distance the institution of the monarchy from the case.

At that time it was understood there were no plans for those patronages to be restored to him with the duke continuing not to undertake any public duties.

Mr Anwar said politicians should act saying that they were "strangely silent now on the need to keep Andrew out".

He said: "I wait to hear what the fervent Royalists have to say about this man being a defacto head of state.

"What a great start to Charles' reign.

"Prince Charles wasn’t shy about letting his PR machinery tell the world he didn’t want Andrew back when he became disgraced."

But supporters have pointed out that Prince Andrew remained a Counsellor of State during the Queen's reign, even after stepping back from royal duties and having his patronages and military titles stripped.

The title also does not necessarily mean Prince Andrew will ever be called upon to act on behalf of the King.

Prince Andrew had a visible role as the Queen's coffin was moved from Balmoral to Edinburgh.

On Monday, a man was arrested for allegedly heckling Prince Andrew as the Queen’s cortege passed along Edinburgh’s Royal Mile. He was later charged.

The 22-year-old man, who was not named by Police Scotland, is accused of a “breach of the peace” - the same offence used to charge a woman who held up an “abolish monarchy” sign during the proclamation of Charles III on Sunday.

A heckler was heard to shout, “Andrew, you’re a sick old man," as the prince walked behind Queen Elizabeth II’s coffin in Edinburgh.

Prince Andrew will be present, alongside the rest of the family, during the leadup to and including her state funeral.

.