The legislative powers of the Duchy of Lancaster

The context to this blog post is that I am trying to convince the ICO that the Duchy of Lancaster is a public authority.

I have already submitted detailed evidence to the ICO but I have not yet focussed heavily of the legislative powers of the Duchy. This blog post is based on an email I sent to the ICO today.

I gave example from the London Gazette:

“The Queen has been pleased to appoint by Letters Patent under the seal of the Duchy and County Palatine of Lancaster Mr. Eric Jones, J.P., as Constable of Lancaster Castle in succession to the late Mr. Michael Fitzherbert-Brockholes, O.B.E., J.P., D.L.”

London Gazette – Issue Number: 55113 – Notice Code: 1109

It is clear from the Oxford English Dictionary definition (below) of “letters patent” that these letters are instruments of the monarch or government. The use of the Duchy’s Seal demonstrates the fact that these law making powers are derived from Duchy offices. The Chancellor of the Duchy is the keeper of the seal [1].

“a. Law. letters patent n. (also in 14th cent. lettre patent) Originally: an open letter or document (see quot. 1891) issued by a monarch or government to record a contract, authorize or command an action, or confer a privilege, right, office, title, or property. In later use esp.: such a document which grants for a set period the sole right to make, use, or sell some process, invention, or commodity.”

This short extract from OED online (see patent adj.) is reproduced under fair use.

The Gazette is the Government’s Official Newspaper. Duchy of Lancaster announcements are included State Notices

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