Duchy of Cornwall Bill [HL]
Official Summary
A Bill to amend the succession to the title of 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 modernize the Duchy's governance, removing certain exemptions and immunities, clarifying its tax status, and altering the succession to the title of Duke of Cornwall. It also restricts the involvement of the Treasury Solicitor in Duchy affairs.
Description
This bill makes several key changes:
- Succession to the Duchy: Alters the succession to the title of Duke of Cornwall, allowing the eldest child of the monarch (regardless of gender) to inherit the title.
- Crown Immunity: Removes the presumption of Crown immunity for the Duchy, meaning it will be subject to the same laws as other entities unless specifically exempted.
- Tax Status: Subjects the Duchy of Cornwall to income tax and capital gains tax, treating it as settled property under existing tax legislation.
- Exemptions and Immunities: Removes several exemptions and immunities previously enjoyed by the Duchy under the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993.
- Land Purchase Powers: Extends the Duchy's power to purchase land to the whole of the United Kingdom.
- Legal Representation: Removes the ability for the Duchy's law clerk to act as an attorney or solicitor in all courts and removes the Duchy from exemptions within the Solicitors Act 1974 and the Legal Services Act 2007.
- Treasury Solicitor's Role: Prohibits the Treasury Solicitor and their employees from advising or acting in legal proceedings on behalf of the Duchy or the Duke of Cornwall.
Government Spending
The bill is expected to increase government revenue through the taxation of the Duchy of Cornwall's income and capital gains. Specific figures are not provided in the bill itself.
Groups Affected
- The Duchy of Cornwall: Will face increased tax liabilities and loss of certain legal exemptions and immunities.
- The Duke/Duchess of Cornwall: Will experience changes in the inheritance and management of the Duchy.
- The Treasury Solicitor: Will be prohibited from acting on behalf of the Duchy.
- Landowners in the UK: May be affected by the Duchy's expanded land purchase powers.
- Legal professionals: Will experience changes to the legal framework surrounding the representation of the Duchy.
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