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
The Duchy of Cornwall Bill aims to reform 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 and legal representation.
Description
This bill makes several significant changes:
- 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 to the eldest son.
- Removal of Crown Immunity: The Duchy of Cornwall will be subject to all laws unless explicitly exempted, ending some of its special legal protections.
- 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: Specific exemptions relating 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 removed.
- Land Purchase Powers: The Duchy's power to purchase land is extended from England to the whole of the United Kingdom.
- Legal Representation: The bill restricts the involvement of the Treasury Solicitor and other solicitors in representing the Duchy of Cornwall, clarifying legal representation arrangements.
Government Spending
The bill's impact on government spending is not directly specified. However, the increased taxation of the Duchy of Cornwall could potentially lead to increased government revenue.
Groups Affected
- The Heir Apparent: The change in succession affects the inheritance of the title of Duke of Cornwall.
- The Duchy of Cornwall: The Duchy will be subject to greater legal and tax obligations.
- Tenants on Duchy Land: The removal of certain leasehold exemptions could affect their rights.
- The Treasury Solicitor: Their role concerning the Duchy's legal representation is significantly altered.
- UK Government: Could see increased tax revenue from the Duchy.
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