A
BILL
TO
Make provision for the honour and dignity of the Crown and the Royal
Family; make provision about allowances and pensions under the Civil List
Acts of 1837 and 1952; and for connected purposes.
Most Gracious Sovereign,
WHEREAS Your Majesty has been graciously pleased to signify to Your faithful
Commons in Parliament assembled that Your Majesty is desirous that
consideration should be given by Your faithful Commons to the provision
made by Parliament for the financial support of Your Majesty and other members of
the Royal Household and to allowing for the continuation of support in the reigns of
Your successors.
And Whereas Your Majesty has further been graciously pleased to signify that Your
Majesty is desirous that the hereditary revenues of the Crown for any period for which
support is provided to any of Your successors should be at the disposal of Your faithful
Commons.
Now, therefore, we, Your Majesty’s most dutiful and loyal subjects, the Commons of
the United Kingdom in Parliament assembled, have freely and voluntarily resolved
to make such provision as hereinafter appears for the purposes aforesaid, and we do
most humbly beseech Your Majesty that it may be enacted, and be it enacted by the
Queen’s most Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:—
(1)
A Sovereign Grant is to be paid by the Treasury to Her Majesty for each
financial year.
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(2)
The purpose of the Sovereign Grant for a financial year is to provide resources
for use for that year by the Royal Household in support of Her Majesty’s
official duties (see section 13).
(3) The amount of the Sovereign Grant for the financial year 2012-13 is £31 million.
(4)
5The amount of the Sovereign Grant for each subsequent financial year is the
amount determined by the Royal Trustees for that year in accordance with
section 6.
(5)
Section 9 (Duchy of Cornwall income) provides, in the circumstances
mentioned there, for the amount of the Sovereign Grant to be reduced.
(6) 10The Sovereign Grant falls to be paid out of money provided by Parliament.
(1)
The Keeper of Her Majesty’s Privy Purse (referred to in this Act as “the
Keeper”) must keep proper accounting records relating to the Royal
Household.
(2)
15As soon as practicable after the end of a financial year (“the financial year”), the
Keeper must—
(a)
prepare a statement of accounts of the Royal Household for that year,
and
(b)
give a copy of the statement to the Comptroller and Auditor General
20(referred to in this Act as “the Comptroller”).
(3) The statement of accounts—
(a)
must state the amount of net relevant resources used for the financial
year, and
(b)
subject to that, must be prepared in accordance with any directions
25given by the Treasury to the Keeper.
(4) The directions that may be given include directions as to—
(a)
the information to be contained in the statement and how it is to be
presented,
(b)
the methods and principles in accordance with which the statement is
30to be prepared, and
(c) any additional information that is to accompany the statement.
(5)
As soon as practicable after receiving the statement of accounts, the
Comptroller must—
(a) examine, certify and report on the statement, and
(b) 35give a copy of the report and statement to the Treasury.
(6) The Treasury must—
(a)
lay a copy of the report and statement of accounts before Parliament,
and
(b) give a copy of the report and statement to the Royal Trustees.
(7)
40For the purposes of subsection (3)(a) the amount of net relevant resources used
for a financial year is—
(a)
the amount of resources used for that year by the Royal Household in
support of Her Majesty’s official duties, minus
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(b)
the amount of income of the Royal Household for that year (excluding
the Sovereign Grant).
(8)
For the purposes of Part 2 of the National Audit Act 1983 (economy, efficiency
and effectiveness examinations) the Royal Household is to be treated as a body
5within section 6(3)(c) of that Act.
(1)
There is to be a Reserve Fund consisting of monies received by the Royal
Trustees under this section and anything deriving from those monies.
(2)
The Royal Trustees may invest any of the Reserve Fund in any way they
10consider appropriate.
(3)
If the amount of the Sovereign Grant for a financial year exceeds the audited
net relevant resources used for that year (see section 12), the Keeper must pay
an amount equal to the excess to the Royal Trustees.
(4)
If the audited net relevant resources used for a financial year exceeds the
15amount of the Sovereign Grant for that year, the Royal Trustees must pay from
the Reserve Fund to the Keeper an amount equal to the excess (or, if less, an
amount equal to the value of the Reserve Fund).
(5)
At any time before the Comptroller has reported under section 2 on the
statement of accounts of the Royal Household for a financial year—
(a)
20the Keeper may make a payment to the Royal Trustees in respect of that
year if the Keeper considers that a payment under subsection (3) would
be required once the report has been made;
(b)
the Royal Trustees may make a payment from the Reserve Fund to the
Keeper in respect of that year if they consider that a payment under
25subsection (4) would be required once the report has been made.
(6)
If one or more payments under subsection (5) (“interim payments”) are made
in respect of a financial year, for the purposes of subsections (3) and (4)—
(a)
treat the amount of the Sovereign Grant for that year as reduced by the
total amount of interim payments made under subsection (5)(a);
(b)
30treat the amount of that Sovereign Grant as increased by the total
amount of interim payments made under subsection (5)(b).
(7)
The Royal Trustees may make loans from the Reserve Fund to the Keeper for
the purpose of enabling capital expenditure of the Royal Household to be met.
(8)
In section 2(7)(b), the reference to income of the Royal Household does not
35include any payment under this section made to the Keeper.
(1) The Royal Trustees must keep proper accounting records of the Reserve Fund.
(2)
As soon as practicable after the end of a financial year (“the financial year”), the
Royal Trustees must—
(a) 40prepare a statement of accounts of the Reserve Fund for that year, and
(b) give a copy of the statement to the Comptroller.
(3) The statement of accounts—
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(a)
must state the value of the Reserve Fund at the end of the financial year,
and
(b)
subject to that, must be prepared in accordance with any directions
given by the Treasury to the Royal Trustees.
(4) 5The directions that may be given include directions as to—
(a)
the information to be contained in the statement and how it is to be
presented,
(b)
the methods and principles in accordance with which the statement is
to be prepared, and
(c) 10any additional information that is to accompany the statement.
(5)
As soon as practicable after receiving the statement of accounts, the
Comptroller must—
(a) examine, certify and report on the statement, and
(b) give a copy of the report and statement to the Treasury.
(6)
15The Treasury must lay a copy of the report and statement of accounts before
Parliament.
(7)
For the purposes of Part 2 of the National Audit Act 1983 (economy, efficiency
and effectiveness examinations)—
(a)
the Royal Trustees are to be treated as a body within section 6(3)(c) of
20that Act, and
(b)
for the purposes of section 6(4) of that Act the functions of the
Comptroller in relation to the Royal Trustees are to be regarded as
restricted to matters relating to the Reserve Fund.
(1) 25In each financial year the Royal Trustees must prepare a report—
(a)
stating their determination in accordance with section 6 of the amount
of the Sovereign Grant for the following financial year, and
(b) setting out how that amount has been determined.
(2)
The report must be prepared as soon as practicable after the Comptroller has
30done all of the following—
(a)
reported under section 2 on the statement of accounts of the Royal
Household for the previous financial year,
(b)
reported under section 4 on the statement of accounts of the Reserve
Fund for that year, and
(c)
35reported under section 2 of the Crown Estate Act 1961 on the statement
of accounts for that year prepared by the Crown Estate Commissioners
under that section.
(3) The Royal Trustees must give a copy of the report to the Treasury.
(4) The Treasury must lay a copy of the report before Parliament.
(1)
The amount of the Sovereign Grant for a financial year (“the relevant financial
year”) is to be determined by the Royal Trustees as follows—
Step 1
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Calculate 15% of the income account net surplus of the Crown Estate (see
section 12) for the base year.
“The base year” means the financial year that begins two years before the
5beginning of the relevant financial year.
Step 2
Round the amount calculated under Step 1 up to the nearest £100,000.
Step 3
Find the greater of—
(a) 10the amount determined under Step 2, and
(b)
the amount of the Sovereign Grant for the financial year that
immediately precedes the relevant financial year.
That amount is “the Step 3 amount”.
Step 4
15If the adjusted value of the Reserve Fund at the end of the base year (see
subsection (2)) exceeds 50% of the audited net relevant resources used for that
year, the Royal Trustees may reduce the Step 3 amount by such amount as they
consider appropriate (but see subsection (4)).
Step 5
20The amount of the Sovereign Grant for the relevant financial year is—
(a) the Step 3 amount, or
(b)
if Step 4 applies, the Step 3 amount as reduced by the reduction (if any)
made under Step 4.
(2)
The “adjusted value” of the Reserve Fund at the end of a financial year is the
25value of the Reserve Fund at the end of that year (see section 12)—
(a) increased by the amount of relevant payments made to the Fund, and
(b) reduced by the amount of relevant payments made from the Fund.
(3)
In subsection (2) “relevant payment”, in relation to a financial year, means a
payment under section 3(3), (4) or (5) that—
(a) 30is made after the end of that year but in respect of that year, and
(b)
is not reflected in the statement of accounts of the Reserve Fund for that
year.
(4)
The Royal Trustees must, in exercising their power under Step 4, act in a way
they expect will result in the adjusted value of the Reserve Fund at the end of
35the relevant financial year being about 50% of the audited net relevant
resources used for that year.
(1)
As soon as practicable after the end of a review period, the Royal Trustees must
review whether the percentage for the time being specified in Step 1 of section
406(1) is appropriate.
(2) They must prepare a report that—
(a)
states whether they consider that the percentage is or is not
appropriate,
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(b)
if they consider that it is not appropriate, states the percentage that they
consider should apply, and
(c) gives an explanation of their conclusions.
(3) The Royal Trustees must give a copy of the report to the Treasury.
(4) 5The Treasury must lay a copy of the report before Parliament.
(5) The review periods are—
(a) the period of 7 years beginning with 1 April 2012, and
(b) each subsequent period of 7 years.
(1)
10This section applies where a report under section 7 states that the Royal
Trustees consider that the percentage for the time being specified in Step 1 of
section 6(1) is not appropriate.
(2)
The Treasury must by order made by statutory instrument substitute, for that
percentage, the percentage specified by the Royal Trustees in the report as the
15one that should apply.
(3)
A statutory instrument containing an order that increases the percentage
specified in Step 1 of section 6(1) may be made only if a draft of the instrument
has been laid before and approved by a resolution of the House of Commons.
(4)
Any other statutory instrument under this section is subject to annulment in
20pursuance of a resolution of the House of Commons.
(1)
Where the Duke of Cornwall for the time being is under 18 for any period in a
financial year—
(a)
the amount of the Sovereign Grant for that year is reduced by an
25amount equal to 90% of the income account net surplus of the Duchy of
Cornwall for that period, and
(b)
the income of the Duchy of Cornwall for that year, up to the amount by
which the Sovereign Grant is reduced under paragraph (a), is to be at
the disposal of Her Majesty.
(2)
30Where the Duchy of Cornwall is vested in Her Majesty for any period (“the
relevant period”) in a financial year (and Her Majesty is accordingly entitled to
its income)—
(a)
the amount of the Sovereign Grant for that year is reduced by an
amount equal to the income account net surplus of the Duchy of
35Cornwall for the relevant period, and
(b)
the Treasury is to pay a grant to any person who is the heir to the throne
in the relevant period.
(3) The amount of the grant paid to any person is—
(a)
for any period (falling within the relevant period) when the person is
40the heir and is aged 18 or over, the amount by which the Sovereign
Grant is reduced for that period, and
(b)
for any period (falling within the relevant period) when the person is
the heir and is under 18, 10% of the amount by which the Sovereign
Grant is reduced for that period.
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(4)
Where the grant under subsection (2)(b) would (apart from this subsection) be
paid to a person who is under 18 at the time of payment, the grant is to be paid
to the Royal Trustees and is to be held by them on trust for the person on such
terms as the Treasury may direct.
(5)
5Any reduction in the amount of the Sovereign Grant under this section is to be
ignored for the purposes of—
(a) section 3 (the Reserve Fund), and
(b) Step 3 in section 6(1) (determination of amount of Sovereign Grant).
(6)
Where the amount of the Sovereign Grant for a financial year is reduced under
10this section, references in section 2(7)(b) (income of the Royal Household) and
section 11 (maintenance of Royal Palaces) to the Sovereign Grant include
income of the Duchy of Cornwall for that year.
(7)
For the purpose of determining the income account net surplus of the Duchy
of Cornwall for part of a financial year, the income account net surplus of the
15Duchy for the whole of that year is to be apportioned equally in respect of each
day of that year.
(8)
For the purpose of determining the amount by which the Sovereign Grant is
reduced for part of the relevant period, the reduction under subsection (2)(a) is
to be apportioned equally in respect of each day of that period.
(9)
20For the purpose of making reductions under subsection (1)(a) or (2)(a), and
paying grants under subsection (2)(b), in respect of a financial year (or part of
a financial year)—
(a)
until the accounts of the Duchy of Cornwall for that year have been
submitted to the Treasury pursuant to section 2 of the Duchies of
25Lancaster and Cornwall (Accounts) Act 1838, the Treasury is to act on
the basis of its estimate of the amount of the income account net surplus
of the Duchy of Cornwall for that year, and
(b)
any necessary adjustments (including any payments or repayments)
are to be made after those accounts have been submitted.
(10)
30The grant under subsection (2)(b) falls to be paid out of money provided by
Parliament.
The following provisions are repealed—
35section 4 of the Civil List Act 1952 (provision for Her Majesty’s younger
children),
section 6 of that Act (provision for widow of the Duke of Cornwall),
section 2(8) of the Civil List Act 1972 (provision for certain other widows),
section 3 of that Act (provision for certain other members of Royal
40Family),
section 6 of that Act (power to increase certain financial provisions), and
the Civil List Act 1975 (power to supplement sums payable under Civil
List Acts).
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The Secretary of State has no duties under section 21 of the Crown Lands Act
1851 in relation to the maintenance of Royal Palaces and related land so far as
they are maintained by Her Majesty out of the Sovereign Grant.
(1) For the purposes of this Act—
“the audited net relevant resources” used for a financial year are the
amount of net relevant resources used for that year stated in the
10statement of accounts certified by the Comptroller under section 2,
“the value of the Reserve Fund” at the end of a financial year is the value
of the Reserve Fund at the end of that year stated in the statement of
accounts certified by the Comptroller under section 4, and
“the income account net surplus of the Crown Estate” for a financial year
15is the amount of that surplus stated in the statement of accounts
certified by the Comptroller under section 2 of the Crown Estate Act
1961;
but this is subject to subsection (2).
(2)
If a relevant report on a statement of accounts contains a qualification
20(however expressed) that affects or might affect the amount or value stated in
the statement as the amount or value of a relevant figure—
(a)
the Comptroller must certify in the relevant report the amount or value
which the Comptroller considers to be the amount or value of the
relevant figure, and
(b)
25for the purposes of this Act the relevant figure is to be taken to be the
amount or value certified.
(3) For this purpose—
“relevant report” means a report made by the Comptroller under section
2 or 4 of this Act or section 2 of the Crown Estate Act 1961, and
30“relevant figure” means—
the amount of net relevant resources used for a financial year,
the value of the Reserve Fund at the end of a financial year, or
the amount of the income account net surplus of the Crown
Estate for a financial year.
(1) This section applies for the purposes of this Act.
(2) “The Comptroller” has the meaning given by section 2.
(3) “Financial year” means a year beginning with 1 April.
(4)
“The financial year 2012-13” means the financial year beginning with 1 April
402012, and similar expressions are to be read accordingly.
(5) “The Keeper” has the meaning given by section 2.
(6) “The Reserve Fund” means the Reserve Fund established by section 3.
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(7)
“The Royal Trustees” means the body established by section 10 of the Civil List
Act 1952.
(8)
Any reference to the support of Her Majesty’s official duties includes the
maintenance of Royal Palaces and related land.
(9)
5Any reference to the Royal Household is limited to that Household so far as it
is concerned with the support of Her Majesty’s official duties.
(10)
Any reference to the use of resources is to their expenditure, consumption or
reduction in value.
(11) Any direction under this Act may be varied or revoked by another direction.
Schedule 1 (minor and consequential amendments and repeals), which
contains repeals of spent provisions, has effect.
(1) This Act comes into force on 1 April 2012.
(2) 15Schedule 2 (transitional provisions and savings) has effect.
(1)
The Sovereign Grant provisions cease to have effect 6 months after the end of
the present reign unless continued under subsection (3).
(2) “The Sovereign Grant provisions” are sections 1 to 9, 11 and 12.
(3)
20An Order in Council may provide that, instead of expiring when they would
otherwise expire (by virtue of subsection (1) or a previous Order under this
subsection), the Sovereign Grant provisions expire 6 months after the end of
the reign in which the Order is made.
(4)
In section 1(1) of the Civil List Act 1952 (payment of hereditary revenues into
25the Consolidated Fund) for “during the present reign and a period of six
months afterwards” substitute “while section 1 of the Sovereign Grant Act 2011
is in force”.
(5)
Sections 5 and 6 of the Civil List Act 1837 (honorific pensions) have permanent
effect.
(6)
30The sums required for the payment of pensions under section 5 of that Act
(whether granted before or after the passing of this Act) are to be charged on
and paid out of the Consolidated Fund.
This Act may be cited as the Sovereign Grant Act 2011.