Overview

This bill aims to clarify the legal status of the Duchy of Cornwall, a large estate belonging to the heir apparent to the British throne. 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 ownership of assets like treasure trove and Royal Mines within Cornwall and the Isles of Scilly.

Description

The bill makes several significant changes:

• Succession to the Duchy: The title of Duke of Cornwall will now pass to the eldest child of the monarch, regardless of gender.
• Crown Immunity: The presumption of Crown immunity for the Duchy is removed. Future legislation will explicitly state whether the Duchy is bound by new laws.
• Tax Status: The Duchy of Cornwall will be treated as settled property for income tax and capital gains tax purposes, meaning it will be subject to these taxes.
• Exemptions and Immunities: Numerous exemptions and immunities previously enjoyed by the Duchy under various Acts are repealed or amended. This includes changes relating to leasehold reform, countryside protection, ancient monuments, electricity regulation, land drainage, and planning.
• Ownership of Assets: The bill clarifies that the Crown owns Royal Mines, treasure trove, bona vacantia (unclaimed assets of deceased persons), and escheated property (property with no legal heir) within Cornwall and the Isles of Scilly.
• Legal Representation: Attorneys and solicitors working for the Duchy must be qualified members of the bar or hold a practising certificate.
• Treasury Solicitor: The Treasury Solicitor will no longer be involved in the legal affairs of the Duchy of Cornwall.

Government Spending

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

Groups Affected

• The Heir Apparent: The succession to the Duchy will now include female heirs.
• The Duchy of Cornwall: The Duchy will be subject to taxes and lose various legal exemptions and immunities.
• Residents of Cornwall and the Isles of Scilly: Clarification of Crown ownership of certain assets may have implications for land ownership and resource management within the region.
• Legal Professionals working for the Duchy: They will need to meet stricter qualification requirements.
• HM Treasury: The Treasury Solicitor’s role in relation to the Duchy will cease.

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