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by Munro Research

Duchy of Cornwall Bill [HL]


Official Summary

A Bill to amend the succession to the title of the Duke of Cornwall, to remove the presumption of Crown Immunity applying to the Duchy of Cornwall, to remove various powers, exemptions and immunities from the Duchy of Cornwall, to confirm the right to Royal Mines within Cornwall and the Isles of Scilly vests in the Crown, to provide the right to Treasure Trove, bona vacantia and escheat within Cornwall and the Isles of Scilly lies with the Crown and to provide that any attorney or solicitor appointed in the affairs of the Duchy of Cornwall shall be called to the Bar or hold a practising certificate as appropriate; and for connected purposes

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Overview

This bill aims to reform the Duchy of Cornwall, a private estate belonging to the Prince of Wales, by altering the succession to the title of Duke of Cornwall, removing its Crown immunity, clarifying its tax status, and transferring certain rights and responsibilities to the Crown.

Description

The key changes proposed are:

  • Succession to the Duke of Cornwall: The title will pass to the eldest child of the monarch (heir to the throne), regardless of gender.
  • Crown Immunity: The presumption of Crown immunity for the Duchy of Cornwall is removed, meaning it will be subject to the same laws as other entities.
  • Tax Status: The Duchy will be treated as settled property for income tax and capital gains tax purposes.
  • Exemptions and Immunities: Numerous exemptions and immunities previously enjoyed by the Duchy under various Acts are repealed. This covers areas such as leasehold reform, countryside access, ancient monuments protection, electricity regulation, land drainage, planning, harbours, and localism.
  • Land Purchase Power: The Duchy's power to purchase land is extended to the whole of the United Kingdom.
  • Rights to Royal Mines, Treasure Trove, Bona Vacantia, and Escheat: These rights within Cornwall and the Isles of Scilly are transferred from the Duchy to the Crown.
  • Legal Representation: Any attorney or solicitor working for the Duchy must be a barrister or hold a practising certificate.
  • Treasury Solicitor's Role: The Treasury Solicitor will no longer represent the Duchy in legal matters.

Government Spending

The bill is not expected to have a significant direct impact on government spending. However, the changes to the Duchy's tax status may lead to increased tax revenue for the government. Exact figures are not provided in the bill itself.

Groups Affected

  • The Prince of Wales (and future Dukes of Cornwall): Their responsibilities and income will be affected by the changes to the Duchy's status and powers.
  • The Duchy of Cornwall: Will experience significant changes in its legal status, tax obligations, and operational powers.
  • Tenants and Leaseholders of Duchy Land: Could experience changes relating to leasehold reform and other rights previously held by the Duchy.
  • Government Departments and Agencies: May see altered responsibilities related to regulation and enforcement concerning the Duchy.
  • Individuals and Organisations involved in legal processes involving the Duchy: Will be subject to changes in the Duchy's legal representation.
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