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, removing its special legal protections, and clarifying the ownership of certain assets and rights.

Description

The key changes proposed are:

• Succession to the Duchy: The title of Duke of Cornwall will now pass to the eldest child of the monarch (heir to the throne), regardless of gender.
• Crown Immunity Removal: The Duchy of Cornwall will no longer benefit from the presumption of Crown immunity, meaning it will be subject to the same laws as other entities.
• Taxation: The Duchy 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and Immunities Removal: Various exemptions and immunities enjoyed by the Duchy under various Acts of Parliament will be repealed.
• Ownership of Assets: The bill confirms that the Crown owns the Royal Mines in Cornwall and the Isles of Scilly, and that rights to treasure trove, bona vacantia (ownerless property), and escheat (property reverting to the state) within those areas also belong to the Crown.
• Legal Representation: Any attorney or solicitor working for the Duchy must be a barrister or hold a practicing certificate.
• Treasury Solicitor's Role: The Treasury Solicitor will no longer be involved in the affairs or legal proceedings of the Duchy.
• Land Purchase Powers: The Duchy's power to purchase land is extended to the whole of the United Kingdom.

Government Spending

The bill is unlikely to directly affect UK government spending. However, the change in the Duchy's tax status may lead to increased tax revenue for the government.

Groups Affected

• The Prince of Wales (and future Dukes of Cornwall): Will have a reduced level of autonomy and exemptions.
• The Duchy of Cornwall: Will lose its special legal privileges, be subject to taxation, and will have its governance altered.
• HM Treasury: Will receive increased tax revenue from the Duchy and will no longer be responsible for legal representation.
• Tenants and leaseholders on Duchy land: May experience changes in their rights and obligations depending on the interpretation and application of the new legislation.
• Legal Professionals: Those working for the Duchy will now be required to meet specific legal professional requirements.

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