Duchy of Lancaster

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Duchy of Lancaster
Flag of the Duchy of Lancaster.svg Coat of Arms of Duchy of Lancaster.svg
Creation date 6 March 1351
Monarch Edward III
First holder Henry of Grosmont
Present holder Elizabeth II
Heir apparent Charles, Prince of Wales

The Duchy of Lancaster is, since 1399, the private estate of the British sovereign as Duke of Lancaster.[1][2] The principle purpose of the estate is to provide a source of independent income to the Sovereign.[2][3] The estate consists of a portfolio of lands, properties, and assets held in trust for the Sovereign, and is administered separately from the Crown Estate.[3] The duchy consists of 18,433 ha (45,550 acres) of land holdings (including rural estates and farmland), urban developments, historic buildings, and some commercial properties across England and Wales particularly in Cheshire, Staffordshire, Derbyshire, Lincolnshire, Yorkshire, Lancashire and the Savoy Estate in London.[4] The Duchy of Lancaster is one of two royal duchies, the other being the Duchy of Cornwall, which provides income to the Prince of Wales.

In the financial year ending 31 March 2015, the estate was valued at circa £472 million.[5] The net income of the Duchy is paid to the reigning sovereign as Duke of Lancaster,[2] which represents approximately £16 million in annual revenues being presented to the Sovereign every year.[6] As the Duchy is an inalienable asset of the Crown held in trust for future generations of Sovereigns, the sovereign is not entitled to the portfolio's capital or capital profits.[2][5] The Duchy of Lancaster is not subject to tax,[6] although the sovereign has voluntarily paid both income and capital gains tax since 1993.[7] As such, the income received by the Privy Purse, of which income from the Duchy forms a significant part, is taxed once official expenditures have been deducted.[6]

The Duchy is administered on behalf of the Sovereign by the Chancellor of the Duchy of Lancaster, a government minister appointed by the sovereign on the advice of the Prime Minister, and the Clerk of the Council.[8] Day to day management of the estate's properties and investments are delegated to officers of the Duchy Council,[2][6] while the Chancellor is answerable to Parliament for the effective running of the estate.[9][10][11][12]

The Duchy exerts some powers and ceremonial duties of the Crown in the historic county of Lancashire,[13] which includes parts of modern Greater Manchester and Merseyside, as well as the Furness area of Cumbria. Since the Local Government Act 1972, The Queen in Right of the Duchy appoints the High Sheriffs and Lords Lieutenant in Greater Manchester, Merseyside, and Lancashire.[14]

History

The Duchy of Lancaster was created for a younger son of King Edward III, John of Gaunt, who acquired its constituent lands through marriage to the Lancaster heiress. As the Lancaster inheritance it dates to 1265, when Henry III granted his younger son, Edmund, lands forfeited by Simon de Montfort, Earl of Leicester. In 1266, the estates of Robert de Ferrers, 6th Earl of Derby,[15] another protagonist in the Second Barons' War, were added. In 1267 the estate was granted as the County, Honour and Castle of Lancaster. In 1284 Edmund was given the Manor of Savoy by his mother, Queen Eleanor, the niece of the original grantee, Peter II, Count of Savoy. Edward III raised Lancashire into a county palatine in 1351, and the holder, Henry of Grosmont, Edmund's grandson, was created Duke of Lancaster. After his death a charter of 1362 conferred the dukedom on his son-in-law John of Gaunt, Earl of Lancaster, and the heirs male of his body lawfully begotten for ever.

The first act of Henry IV was to declare the Lancastrian inheritance be held separately from the other possessions of the Crown, and should descend to male heirs. This separation of identities was confirmed in 1461 by Edward IV when he incorporated the inheritance and the palatinate responsibilities under the title of the Duchy of Lancaster, and stipulated that it be held separate from other inheritances by him and his heirs. The Duchy thereafter passed to the reigning monarch and in 1760 its separate identity preserved it from being surrendered with the Crown Estates in exchange for the civil list. It is primarily a landed inheritance belonging to the reigning sovereign.

In 2011, the Duchy established a re-balancing asset plan and sold most of the Winmarleigh estates farms and donated a plot of land to the Winmarleigh Village Hall committee by June 2012.[16][17]

Role

The duchy is the personal property of the monarch and has been since 1399, when the Dukedom of Lancaster, held by Henry of Bolingbroke (Henry IV), merged with the crown on his appropriation of the throne (after the dispossession from Richard II).

The chief officer is the Chancellor of the Duchy of Lancaster, a position sometimes held by a cabinet minister but always a ministerial post. For at least the last two centuries the estate has been run by a deputy; its chancellor has rarely had any significant duties pertaining to its management but is available as a minister without portfolio.

The monarch derives the privy purse from the revenues of the Duchy. The surplus for the year ended 31 March 2015 was £16 million and the Duchy was valued at just over £472 million.[18] Its land holdings are not to be confused with the Crown Estate, whose revenues have been handed to the Treasury since the 18th century in exchange for the receipt of a yearly civil list payment.

The Duchy Council's primary officers carrying out the estate's day to day duties are the Clerk of the Council (the Chief Executive Officer), the Chairman of the Council, and the Chief Finance Officer.[6] The chancellor is responsible for the appointment of the steward and the barmaster of the barmote courts on behalf of the Queen in right of Her Duchy.[19]

Royal prerogative

"These cases seem clearly to establish the doctrine that all the prerogatives and privileges of the King belong to him with reference to the lands parcel of the Duchy of Lancaster in no less a degree than they do with lands which belong to him immediately in right of his Crown."[20]

Both the Duchy of Lancaster and Duchy of Cornwall have special legal rights not available to other estates held by peers or counties palatine, for example, bona vacantia operates to the advantage of the Duke rather than the Crown throughout the Duchy. Proceeds from bona vacantia in the Duchy are divided between two registered charities.[21][22] Bona vacantia arises, in origin, by virtue of the Royal Prerogative and in some respects remains the position although the right to bona vacantia of the two major categories is now based on statute: Administration of Estates Act 1925[23] and the Companies Act 2006.[24]

There are separate attorneys general for the estates. Generally the exemptions tend to follow the same line: any rights pertaining to the Crown in most areas of the country instead pertain to the Duke in the Duchy. Generally, any Act of Parliament relating to rights of this kind will specifically set out special exemptions for the two Duchies and specify the extent to which they apply. They are subject to strict regulation, especially with respect to auditing and alienation of land.

Holdings

The holdings of the Duchy are divided into six units called surveys, five rural and one urban. The rural surveys make up most of the assets and area but the urban survey generates a greater income. The holdings were accrued over time through marriage, inheritance, gift and confiscation, and in modern times by purchase and sale.[4]

See also

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ 3.0 3.1 Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ 4.0 4.1 Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ 5.0 5.1 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ 6.0 6.1 6.2 6.3 6.4 Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found. The statement in the book is sourced to "Kenneth Clarke, Chancellor of the Duchy of Lancaster in Hansard, Standing Committee G, col 11, 17 Nov 1987"
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ http://www.duchyoflancaster.co.uk/about-the-duchy/history/county-palatine/
  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ 17.0 17.1 Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ Lua error in package.lua at line 80: module 'strict' not found. (archived copy of page)
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found. — provides an example of bona vacantia operating in favour of the Duchy in Gorton in Manchester.
  23. ↑ "In default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown or to the Duchy of Lancaster or to the Duke of Cornwall for the time being, as the case may be, as bona vacantia, and in lieu of any right to escheat." Administration of Estates Act 1925 Section 46
  24. ↑ Section 1016 of the Companies Act 2006 defines the Crown Representative in relation to property vested in the Duchy of Lancaster, as being the Solicitor to that Duchy
  25. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  26. ↑ Minerals
  27. ↑ 27.0 27.1 Lua error in package.lua at line 80: module 'strict' not found.
  28. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  29. ↑ The Cheshire Survey.
  30. ↑ The Southern Survey
  31. ↑ The Needwood Survey .
  32. ↑ The Yorkshire Survey.
  33. ↑ Urban Survey

External links

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