Overview

This bill aims to clarify the legal status of the Duchy of Cornwall, a private estate belonging to the Prince of Wales. Key changes include altering the succession to the title of Duke of Cornwall, removing certain exemptions and immunities enjoyed by the Duchy, and clarifying the Crown's rights to resources within Cornwall and the Isles of Scilly.

Description

The bill makes several significant changes:

• Succession to the Duke of Cornwall: Changes the succession to the title of Duke of Cornwall to the eldest child of the monarch, regardless of gender.
• Crown Immunity: Removes the presumption of Crown immunity for the Duchy, meaning future legislation will explicitly state whether the Duchy is bound by it.
• Tax Status: Subjects the Duchy of Cornwall to income tax and capital gains tax, treating it as settled property under existing tax legislation.
• Exemptions and Immunities: Repeals or amends various sections of different Acts to remove exemptions and immunities previously granted to the Duchy. These relate to leasehold reform, countryside protection, ancient monuments, electricity, land drainage, planning, harbours, and localism legislation.
• Rights to Resources: Confirms that rights to Royal Mines, treasure trove, bona vacantia (unclaimed estates), and escheat (property reverting to the Crown) in Cornwall and the Isles of Scilly belong to the Crown.
• Legal Representation: Requires any attorney or solicitor appointed by the Duchy to be a barrister or hold a practicing certificate.
• Treasury Solicitor: Explicitly states that the Treasury Solicitor will not represent the Duchy of Cornwall in legal matters.

Government Spending

The bill is expected to increase government revenue through taxation of the Duchy of Cornwall's income and capital gains. Specific figures are not provided in the bill itself.

Groups Affected

• The Prince of Wales (and future Dukes of Cornwall): Will be affected by the changes to succession and the tax status of the Duchy.
• The Duchy of Cornwall: Will lose certain exemptions and immunities and will become liable for income tax and capital gains tax.
• Tenants and leaseholders on Duchy land: May experience changes as a result of the repeal or amendment of legislation relating to leasehold reform.
• HM Treasury: Will receive increased revenue from the Duchy's taxation.
• Individuals finding treasure or unclaimed estates in Cornwall and the Isles of Scilly: Will need to report their findings to the Crown rather than the Duchy.

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