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 some of its exemptions and immunities, and clarifying its tax status and legal representation.
Description
The key changes proposed by the Duchy of Cornwall Bill include:
- Succession to the Title: The title of Duke of Cornwall will now pass to the eldest living child of the monarch, regardless of gender, instead of only to the eldest son.
- Removal of Crown Immunity: The Duchy will lose many of its exemptions from laws that usually apply to other entities, meaning it will be subject to most legislation unless explicitly stated otherwise.
- Taxation: The Duchy will be treated as settled property for income tax and capital gains tax purposes, meaning it will be liable for tax under existing laws.
- Repeal of Exemptions: Specific exemptions relating to leasehold reform legislation (Leasehold Reform Act 1967 and Leasehold Reform, Housing and Urban Development Act 1993) are to be repealed.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 services of the Treasury Solicitor and clarifies that it can’t use certain legal professionals.
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 itself.
Groups Affected
- The Royal Family: The change in succession affects the inheritance of the title of Duke of Cornwall.
- The Duchy of Cornwall: The Duchy will face increased tax liabilities and a loss of certain legal exemptions and immunities.
- Tenants of Duchy Property: The repeal of specific exemptions from leasehold reform legislation could affect their rights.
- Legal Professionals: Changes regarding legal representation affect who can advise and represent the Duchy.
- The UK Treasury: Will receive increased tax revenue from the Duchy.
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