Erskine May extracts re Prince’s Consent

Many people are aware that Acts of Parliament require Royal Assent but Queen’s Consent and Prince’s Consent are less well understood. The extracts from Erskine May, 24th edition below show the wide ranging impact of this obscure provision. The obscurity of Parliamentary procedures is partly hidden from the public due to the exorbitant cost of Erskine May – (see Richard Taylor’s Blog Post: Parliament Blown Open by Hackers)

Prince of Wales’s consent

“The Prince’s consent is required for a bill which affects the rights of the
principality of Wales and earldom of Chester, or which makes specific reference to, or special provision for, the Duchy of Cornwall; 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.”

“The need for consent arises from the Sovereign’s reversionary interest in the Duchy of Cornwall. 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. 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. A bill affecting the Duchy of Cornwall in its capacity as harbour authority for the Isles of Scilly has required the Prince’s consent. For the Duchy of Cornwall’s interest in intestacy and bona vacantia…”

Category: Uncategorized