Prince of Wales's consent
30.81The Prince's consent is required for a bill which affects the rights of the principality of Wales and earldom of Chester,1 or which makes specific reference to, or special provision for, the Duchy of Cornwall;2 and the Prince's consent may (depending on the circumstances) be required for a bill which amends an Act which does any of those things.3
The need for consent arises from the Sovereign's reversionary interest in the Duchy of Cornwall.4 For that reason, if a bill affects the Duchy of Cornwall in the same way as it affects other Crown land, separate Prince's consent has not been required, the Queen's consent being sufficient.5 The Prince's consent was not required for provisions amending an Act which did not apply to the Duchy, even though those provisions referred expressly to communications with the heir to the Throne.6
A bill affecting the Duchy of Cornwall in its capacity as harbour authority for the Isles of Scilly has required the Prince's consent.7
For the Duchy of Cornwall's interest in intestacy and bona vacantia, see para 30.80.
- 1. House of Lords Bill (1998–99).
- 2. For example, Railways Bill (1992–93); Data Protection Bill [Lords] (1997–98); Hunting Bills (2002–03) and (2003–04); Marine and Coastal Access Bill [Lords] (2008–09); Data Protection Bill [Lords] (2017–19).
- 3. Prince's consent was required on the bill for the Local Democracy, Economic Development and Construction Act 2009. Although it did not mention the Duchy expressly, it amended provisions in the Housing Grants, Construction and Regeneration Act 1996 which did and for which Prince's consent had been required.
- 4. See Craies on Legislation (11th edn, 2017), p 298, fn 113; HC Deb (1995–96) 276, c 419W.
- 5. For example, Animal Welfare Bill 2005–06; Business Rate Supplements Bill 2008–09; Rating (Valuation) Act 1999; High Hedges Bills (2000–01) and (2002–03); Growth and Infrastructure Act 2013; Infrastructure Act 2015.
- 6. Amendments to the Constitutional Reform and Governance Bill 2009–10 amending the Freedom of Information Act 2000, HC Deb (2009–10) 506, cc 829–49.
- 7. For example, Pilotage Bill (1986–87); and Marine Navigation Aids Bill [Lords] (2009–10).