Duchy of Cornwall Bill [HL]
Official Summary
A Bill to amend the succession to the title of the Duke of Cornwall, to remove various powers, exemptions and immunities from the Duchy of Cornwall, to make provisions relating to the Treasury Solicitor and any solicitor or attorney appointed in the affairs of the Duchy, 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 certain exemptions and immunities, and changing its tax status and legal representation.
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, regardless of gender, rather than only the eldest son.
- Removal of Crown Immunity: The Duchy will no longer automatically benefit from Crown immunity from certain laws. Any law will apply unless explicitly excluded.
- Tax Status: The Duchy will be treated as settled property for income tax and capital gains tax purposes, meaning it will be subject to these taxes.
- Repeal of Exemptions: Specific exemptions related to leasehold reform (Sections 33(2)(c) of the Leasehold Reform Act 1967 and 94(11)(c) of the Leasehold Reform, Housing and Urban Development Act 1993) are repealed.
- Land Purchase Powers: The Duchy's power to purchase land is extended to the whole of the United Kingdom.
- Legal Representation: The bill removes the Duchy's ability to use the Stannaries Act 1855 for legal representation and restricts the involvement of the Treasury Solicitor in the Duchy's affairs.
Government Spending
The bill is expected to increase government tax revenue due to the Duchy of Cornwall becoming subject to income tax and capital gains tax. Exact figures are not provided in the bill text.
Groups Affected
- The Royal Family: The succession change affects the inheritance of the title and associated responsibilities.
- The Duchy of Cornwall: The Duchy will face increased tax liabilities and altered legal framework.
- Leaseholders on Duchy land: The repeal of exemptions may impact their rights under leasehold reform legislation.
- Legal Professionals: Changes to legal representation will impact those previously involved in representing the Duchy.
- Her Majesty's Treasury: Will receive increased tax revenue.
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