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HOUSE OF LORDS - United Kingdom Parliament

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By the Act of Settlement 1701 1 “no person born out of the<br />

<strong>Kingdom</strong>s of England, Scotland or Ireland, or the Dominions<br />

thereunto belonging … (except such as are born of English<br />

parents)” may be a member of the House of Lords. By virtue<br />

of a modification contained in the British Nationality Act 1981, 2<br />

this provision does not apply to Commonwealth citizens or<br />

citizens of the Republic of Ireland. Under the 1981 Act, 3<br />

“Commonwealth citizen” means a British citizen, a British<br />

Overseas Territories citizen, a British subject under that Act, or<br />

a citizen of an independent Commonwealth country;<br />

those convicted of treason<br />

The Forfeiture Act 1870 provides that anyone convicted of<br />

treason shall be disqualified for sitting or voting as a member of<br />

the House of Lords until he has either suffered his term of<br />

imprisonment or received a pardon;<br />

bankrupts<br />

Under the Insolvency Act 1986, 4 a member of the House<br />

adjudged bankrupt, or in Scotland a member of the House whose<br />

estate is sequestered, is disqualified for sitting and voting in the<br />

House of Lords or in any committee of the House. A writ is not<br />

issued to any person, who would otherwise be entitled to one,<br />

while he is so disqualified. The court certifies the bankruptcy or<br />

sequestration and its termination to the Lord Speaker and it is<br />

recorded in the Journals;<br />

Members of the European <strong>Parliament</strong> (MEPs)<br />

The European <strong>Parliament</strong> (House of Lords Disqualification)<br />

Regulations 2008 provide that any Life Peer who is elected to<br />

the European <strong>Parliament</strong> is disqualified for sitting and voting in<br />

the House of Lords or in any committee of the House or joint<br />

committee. A writ is not issued to a Life Peer who is<br />

disqualified under this regulation;<br />

1 s. 3.<br />

2 Schedule 7. See also s. 47 of the Constitutional Reform and Governance Act 2010.<br />

3 s. 37.<br />

4 s. 426A and s. 427 as amended by the Enterprise Act 2002.<br />

14

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