Rishi Sunak, who is the UK’s first Hindu prime minister, will still be able to advise the King on ecclesiastical appointments. Under the law, Jews and Roman Catholics are barred from doing so.
Constitution enthusiast Jason Loch pointed out the loophole on Twitter.
Mr Loch said: “Although Rishi Sunak is a Hindu, he will still be able to advise the King on ecclesiastical appointments.
“Only Jews and Roman Catholics are barred from doing so by statute.
“In theory, another minister could take over this responsibility if Sunak felt that advising His Majesty on ecclesiastical matters would violate the spirit if not the letter of the law.
“However, he couldn’t completely disentangle himself from the Church of England.
“For example, he would still be an ex-officio Church Commissioner under the Church Commissioners Measure 1947.”
Mr Sunak was unveiled as the new Tory leader yesterday replacing Liz Truss.
The former Chancellor avoided an online ballot of Conservative members after rivals Boris Johnson and Penny Mordaunt dropped out.
Mr Sunak is seeing the King this morning who will ask him to form an administration.
The new PM is expected to address the nation just before noon before turning his attention to assembling a top team as he builds a new Cabinet in a bid to unite the warring Tories.
Mr Sunak enters No 10 as Britain’s first Hindu prime minister, the first of Asian heritage, and the youngest for more than 200 years at the age of 42.
His ascendency from MP to PM is the fastest in modern political history, having first won the constituency of Richmond in North Yorkshire in 2015.
Earlier today, Ms Truss stressed the need to be “bold” as she made her final speech as PM outside Downing Street.
She Truss said: “From my time as Prime Minister I’m more convinced than ever that we need to be bold and confront the challenges we face.
“We simply cannot afford to be a low-growth country where the Government takes up an increasing share of our national wealth and where there are huge divides between different parts of our country.
“We need to take advantage of our Brexit freedoms to do things differently.”