Duchy of Cornwall Bill [HL]
Official Summary
A Bill to Amend the succession to the title of Duke of Cornwall, to remove the presumption of Crown immunity applying to the Duke of Cornwall and Duchy of Cornwall; to remove certain exemptions and immunities from the Duke of Cornwall and Duchy of Cornwall; to allow the present Duke of Cornwall to purchase land and estates in land throughout the United Kingdom; to make provision about legal representation of and legal advice given to the Duke and Duchy of Cornwall; and to provide that the Duchy of Cornwall shall become subject to the Crown Estate Act 1961
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Overview
This bill makes significant changes to the Duchy of Cornwall, the private estate of the Prince of Wales. Key changes include altering the succession to the title, removing its Crown immunity, subjecting it to taxation, and transferring its assets to the Crown Estate upon the current Duke's death.
Description
The bill modifies several aspects of the Duchy of Cornwall:
- Succession: 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.
- Crown Immunity: The presumption of Crown immunity for the Duchy is removed, meaning it will be subject to the same laws as other entities.
- Taxation: The Duchy will be treated as settled property for income tax and a settlement for capital gains tax purposes.
- Exemptions and Immunities: Certain exemptions and immunities from legislation such as the Leasehold Reform Acts are removed.
- Land Purchase: The Duke of Cornwall's power to purchase land is extended to the whole of the United Kingdom.
- Legal Representation: The bill clarifies legal representation for the Duke and Duchy, removing specific provisions allowing the Duchy's law clerk to act as an attorney or solicitor.
- Treasury Solicitor: The Treasury Solicitor's role in advising and representing the Duchy will cease.
- Crown Estate Act 1961: Upon the current Duke's death, the Duchy's assets will be transferred to and managed by the Crown Estate under the 1961 Act.
Government Spending
The bill is not expected to directly increase or decrease government spending. The impact on government finances is indirect and arises from the Duchy's future taxation and integration with the Crown Estate.
Groups Affected
- The Royal Family: The succession change affects the line of succession to the Duchy of Cornwall.
- The Duchy of Cornwall: The Duchy faces significant changes to its legal status, tax liabilities, and governance.
- Tenants and leaseholders on Duchy land: Changes regarding leasehold reform could impact their rights.
- The Crown Estate: The Crown Estate will inherit the Duchy’s assets and responsibilities upon the death of the current Duke.
- Taxpayers: The bill will increase tax revenue received from the Duchy.
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