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The Legislative Reform (Duchy of Lancaster) Order 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111136492

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This draft instrument replaces the draft Legislative Reform (Duchy of Lancaster) Order 2015 which was laid before Parliament on 24th March 2015 but subsequently withdrawn. It is being issued free of charge to all known recipients of that draft statutory instrument.

Draft Order laid before both Houses of Parliament under section 14(1) of the Legislative and Regulatory Reform Act 2006.

Duchy Of Lancaster

Made

Laid before Parliament 1st June 2015

Coming into force in accordance with article 1

The Chancellor of the Duchy of Lancaster (“the Minister”) makes the following Order in exercise of the power conferred by section 1 of the Legislative and Regulatory Reform Act 2006f1.

For the purposes of section 3(1) of that Act, the Minister considers that the conditions in section 3(2), where relevant, are satisfied.

The Minister has consulted in accordance with section 13(1) of that Act.

The Minister laid a draft Order and an explanatory document before Parliament in accordance with section 14(1) of that Act.

Pursuant to section 15 of that Act, the negative resolution procedure (within the meaning of Part 1 of that Act) applies in relation to the making of this Order.

Neither House of Parliament resolved within the 40-day period referred to in section 16(3) of that Act that the Minister should not make the Order.

Annotations to the whole text

Footnotes

f1

2006 c.51; see section 32 for the definition of “Minister of the Crown”.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Legislative Reform (Duchy of Lancaster) Order 2015 and comes into force at the end of the period of 21 days beginning on the day on which it is made.

Relaxation of restrictions in section 25 of the Duchy of Lancaster Act 1817

2Citation and commencement

After section 25 of the Duchy of Lancaster Act 1817f1 insert—

“25A.

Capital may be applied to development of Duchy land

(1)

For the purposes of section 25, any costs, fees, disbursements or other expenses incurred in, or in connection with, any preparatory work in relation to any proposed improvement are to be regarded as being incurred in the improvement, whether or not the improvement actually takes place.

(2)

In this section and section 25, “improvement” includes any development.”

Signature

Signatory text

Name

Chancellor of the Duchy of Lancaster

Address

Department

Date

Explanatory note

(This note is not part of the Order)

The Duchy of Lancaster Act 1817 provides the Duchy with the power to spend capital but in restricted circumstances namely, on the division, inclosure, drainage, embankment or other improvement carried out to land and property owned by the Duchy.

This Order amends the Act so that the power to spend capital is broadened to include the costs incurred by the Duchy in any improvement or development of Duchy land or property, whether or not it takes place.

The Order is made under the Legislative and Regulatory Reform Act 2006 (c. 51) and removes a burden on the Duchy of Lancaster.

A full impact assessment has not been prepared for this Order as no, or no significant impact on the business, voluntary or public sector is foreseen: there will be no impact outside the Duchy of Lancaster.