The Duchy of Lancaster appears in "a list of those public bodies which have Crown status".

http://www.opsi.gov.uk/advice/crown-copy...

Quick update: Case Reference Number FS50235796

"Thank you for your correspondence dated 22 February 2009 regarding the Duchy of Lancaster’s compliance with the Freedom of Information Act 2000 and Environmental Information Regulations 2004.

I regret to inform you that, having consulted with the Cabinet Office and our own legal team, it appears the Duchy of Lancaster is not subject to either the Act or the Regulations.

Decisions about FoI and EIR coverage are taken by the Ministry of Justice. If you would like more information about the bodies subject to the Act you can write to them at:..."

extract from my reply (sent today):
"Please could you explain the basis for the ICO's interpretation that the Duchy of Lancaster appears not to be subject to the Environmental Information Regulations was reached. I have found out recently that the Duchy appear on a list of Crown Bodies on the OPSI website [http://www.opsi.gov.uk/advice/crown-copy....

I think I made a fairly strong argument (see attached) in support of my belief that it is subject to the Regulations. I would like to see the argument against.

I would also like to be told about my right to appeal this decision or to complain about the ICOs handling of this matter. ..."

I have asked the ICO to provide all the correspondence and internal documents about this case:

http://www.whatdotheyknow.com/request/du...

The ICO's first response was to say that the Duchy is a private estate and not a public authority but today the ICO wrote to me to say:

"I am grateful for the arguments submitted and the issue has been the cause of much debate. In short, I have decided to re-open the case and complete a more thorough examination of the facts presented. This does not necessarily represent a change of outcome, but simply an opportunity to re-evaluate the issue as a whole, as I felt that a simple case review on my part would not have done the matter justice."

I see you've appealed this case to the tribunal - have the ICO now issued a decision notice?

The ICO wrote a fairly formal letter stating their view that the Duchy is not a public authority [so in theire view no power to issue a Decision Notice] but saying they would not seek to take issue with the jurisdiction of the tribunal if I appealed.

Appeal reference: EA/2010/0101

The appeal has now been heard and the Information Tribunal has ruled that the Duchy of Lancaster is not a Public Authority for the purposes of EIR.

Link to the full judgement: http://bit.ly/e2JoZ2

Plymouth Law Review (2010) 1 128
“A Mysterious, Arcane and Unique Corner of our Constitution”:
The Laws Relating to the Duchy of Cornwall

Historically, legally and constitutionally the Duchy of Cornwall has been consistently referred to as „simply‟ a „private estate‟ allowing it to enjoy a privileged status with significant benefits and concessions. This article argues that this is a somewhat anachronistic position and one that demands further investigation not least because of the opaque nature of the institution and its accountability within a twenty-first century
constitutional framework.

Opens PDF file: http://www.research.plymouth.ac.uk/plr/v...
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The Duchy is a private estate but it exercises certain powers of the Crown; the jura regalia. As a body which exercises certain powers of the Crown it is a public body. The distinction is a familiar one in feudal law because the grant of a feudal barony (and a county palatine is feudal barony) consisted of a grant of the 'lands and the barony of x' (this is the normal formula in Scotland). In other words, the land was separate from the barony, which was a jurisdiction (being a part of PUBLIC justice administered by the baron). Along with the jurisdiction went certain regalia minora (like salmon fishing). In the case of a palatine lordship the grant included the regalia majora. In fact, the count palatine exercised the full powers of the crown, the jura regalia (minora and majora), within the palatinate 'as fully as the king in his palace' (1 Bl. Comm. 117). The present jura regalia of the duchy include bona vacantia. This is not a property right (i.e. attached to the land), as stated in the judgment, but part of the jura regalia (crown rights) with are attached to the barony (county palatine) part of the 'lands and barony'. How can a person or body which exercises certain powers of the crown not be a public body? The Duchy of Lancaster is not a personal peerage, it is a feudal or territorial barony (originally held by knight's service but held in socage since the 1660 Act) and, as such, does not merge with the crown and retains its separate identity even if held by the monarch.