A to Z powers and rights of the Duchy of Cornwall

   
These powers and rights have been applicable to Cornwall and the Cornish by Charters from 1337 (Published by HMSO 1978 as Statutes in Force, Constitutional Law) now extended to the whole of the United Kingdom by Acts of Parliament and Orders in Council.

(Also serves as the Appendix to REFORM THE DUCHY OF CORNWALL)

REFORM THE DUCHY OF CORNWALL

A to Z List of powers and rights of the Duke and Duchy of Cornwall

These powers and rights have been applicable to Cornwall and the Cornish by Charters from 1337 (Published by HMSO 1978 as Constitutional Law, Statutes in Force) now extended to the whole of the United Kingdom by Acts of Parliament and Orders in Council.

A. Rowe v. Brenton, Trial at Bar, Kings Bench (9.Geo.IV) before the Lord Chief Justice, 1829: “With regard to the Duchy of Cornwall, I am clearly of the opinion that the Duchy of Cornwall (it is sometimes in the hands of the Crown and sometimes the Duke) and therefore, the Crown, in other words, the public has an interest in everything that is done in the Duchy”. (Lord Chief Justice Tenderden).

B. Opinion of the Law Officers of the Crown of 1913, stated:- “We are of the opinion that the same principles which render the provisions of an Act of Parliament
inapplicable to the Crown, unless the Crown is expressly named, apply also to the Prince of Wales in his capacity as Duke of Cornwall. This result arises from the peculiar title of the Prince of Wales to the Duchy of Cornwall…..The Duke of Cornwall is not liable to taxation…”. (National Archives reference:- LO3/467).

C. Hansard – House of Commons – 9 July 2002 – Column 223WH. (“Assets of the Duchies of Lancaster and Cornwall do not belong to the Queen or the Prince of Wales and are not theirs to dispose of”. – “The basis for the memorandum of understanding is the long standing rule of statutory construction that statutes do not bind the Crown, including the Queen in her private capacity” - The Paymaster General). (Private capacity at Crown Proceedings Act 1947, section 38 (3) includes the Duke of Cornwall but no reference to the Duchy of Cornwall).

D. The Royal Commission on the Constitution 1969-73 (Kilbrandon, page 329), concluded: “The creation of the Duchy of Cornwall (1337) may have been a mark of English overlordship”. And; “The people of Cornwall continue to be Celtic”.

E. The Duke of Cornwall is a member of the House of Lords. Whitaker’s Almanack

F. Westminster:- Guide to Legislative Procedures, Cabinet Office 2009, for “legislation regarding the potential it may have on Duchy operations” – “Draft Bill to be sent to The Duchy of Cornwall”. (para.14.6). (Crown Estate is similarly covered).

G. Scottish Parliament – “Where a Bill may require the consent of Her Majesty or
the Duke of Cornwall” – Standing Orders 2009– Rule:- 9.11.

H. Welsh Assembly:- “Where a measure may require the consent of Her Majesty or the Duke of Cornwall” – Government of Wales Act 2009, section 98 (4).

J. Cornwall Council (from 2009):- “Nothing in this Act shall prejudice, diminish, alter, detract from or take away any of the rights, powers, privileges or authority attaching to the possessions of, or exercisable by the possessor of the Duchy of Cornwall in relation to any Duchy land”. (Cornwall County Council Act 1984, s 50).
K. “Countryside and Rights of Way Bill - Division No. 234 – 14th June 2000
Third reading - Queen’s consent on behalf of the Crown and Prince of Wales’s
consent on behalf of the Duchy of Cornwall”.

L. The Crown Proceedings Act 1947, section 40 (2g), (Right of the Duke of Cornwall to intervene in proceedings affecting his: “rights, property or profits”).

M. The Race Relations Act 1976 – Exemption for Her Majesty in Her private capacity, (includes the Duke of Cornwall {no reference to the Duchy} under section 38 (3) of the Crown Proceedings Act 1947).

N. The Supreme Court Act 1981, section 120, (The administration of bankruptcies in Cornwall by the Duke of Cornwall with exemption from sureties.

P. Limitation Act 1980, section 37, (Duke of Cornwall’s right to gold and silver in Cornwall).

Q. Duchy of Cornwall Management Act 1863 -1982. “The Treasury shall have regard to the interests of present and future Dukes of Cornwall”. (Section 8, 1982) “Possessions of the Duchy include:- regalities, land, mines, rights, privileges whether in possession or reversion, parcel, reputed or claimed to be parcel”. (Section 37, 1863)

R. Companies Act 1985 sections 654 to 657 (Provision of intestacies and bona vacantia in Cornwall for the Duke of Cornwall – IHTM/12126 and IHTM/85/230).

S. Treasure Act 1996, (Duke of Cornwall’s right to gold and silver, and base metal archaeological objects in Cornwall; S.I.2666.2002).

T. Competition Act 1998, section 73 (Nothing is the Act affects HM in her private capacity – Crown Proceedings Act 1947, sect.38 (3) covers the Duke of Cornwall).

V. Tamar Bridge Act 1998, section 41, (Should not prejudice any Duchy of Cornwall “right, power, privilege, authority or exemption”).

W. Land Registration Act 2002, section 84 and note 135 (Duchy of Cornwall exemption from the registration of its land).

X. Commonhold and Leasehold Reform Act 2002, section 108 & 172, (Duchy of Cornwall land is Crown land, Crown not criminally liable).

Y. Planning and Compulsory Purchase Act 2004, section 84 & Schedule 3 (3), (Duchy of Cornwall exempt from enforcement and land exempted from compulsory purchase as the appropriate authority).

Z. Equality Act 2006, Excludes guaranteed; “equality before the law”. (Section 52 (4),
Covers exemption for Duke and Duchy of Cornwall’s judicial function under Supreme Court Act 1981, s.120 & under the Crown Proceedings Act 1947, s.40 (2g)).


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