Overview

The Duchy of Cornwall Bill aims to modernize the governance and legal status of the Duchy of Cornwall, a private 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 its tax status.

Description

Succession to the Duchy

The Bill amends the existing succession rules, ensuring that the title of Duke of Cornwall passes to the eldest child of the monarch, regardless of gender. This removes the previous restriction which limited the title to only the eldest son.

Removal of Immunities and Exemptions

The Bill removes various exemptions and immunities previously enjoyed by the Duchy, bringing it more in line with other entities under UK law. This includes removing specific exceptions in the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993 related to Crown land. The Duchy will no longer be automatically exempt from the application of certain enactments.

Taxation

The Bill clarifies the Duchy's tax status, subjecting it to income tax and capital gains tax as settled property under existing legislation (Income Tax Act 2007 and Taxation of Chargeable Gains Act 1992).

Land Acquisition Powers

The Bill extends the Duchy's power to purchase land to the whole of the United Kingdom, instead of England only.

Legal Representation

The bill removes the Duchy's right to use the services of a specific attorney or solicitor in all courts and the clauses in the Solicitors Act 1974 and Legal Services Act 2007 that provided special legal representation arrangements for the Duchy of Cornwall. It also prevents the Treasury Solicitor from acting for the Duchy.

Government Spending

The Bill is expected to increase government revenue through the imposition of income tax and capital gains tax on the Duchy of Cornwall. Specific figures are not provided in the bill itself. The bill does not contain details of additional costs to the government beyond administrative work required for implementing the tax provisions.

Groups Affected

The groups most significantly affected are:

• The Heir Apparent: The change in succession affects the eligibility of the heir to the throne.
• The Duchy of Cornwall: The Duchy will face changes to its legal and tax status, impacting its operations and finances.
• The UK Treasury: Will receive increased tax revenue from the Duchy.
• Legal Professionals: Changes in legal representation arrangements will affect those involved with providing services to the Duchy.

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