HOUSE OF LORDS - United Kingdom Parliament

8.174 In considering a Lords reason the Commons may insist on their
amendments with a reason; or not insist on their amendments; or not
insist on their amendments, but propose others in lieu. The reason, or
new amendments, are then considered by the Lords in the same way as
the original Commons amendments, except that where the reason given
by the Commons is on grounds of privilege (see paragraph 8.182) the
Lords do not insist on their amendment.
8.175 If the Commons insist, it is still open to the Lords not to insist on
their disagreement, and thus to accept the Commons amendments, or
not to insist on their disagreement but to amend the Commons
amendments or propose alternatives. If the Lords simply insist on their
disagreement without offering amendments or alternatives, the bill is lost.
Further communications between the two Houses
8.176 Communications between the two Houses may be carried on
until the end of the session, 1 subject to these limitations:
the parts of the bill which both Houses have agreed on cannot be
amended except by a “consequential amendment” (see paragraph
8.160);
if the reason given by the Commons for their disagreement is on
the ground of privilege, the Lords do not insist on their
amendment.
8.177 In addition, if one House insists on an amendment to which the
other has disagreed, and the other insists on its disagreement, and neither
has offered alternatives, the bill is lost. However, there is no binding rule
of order which governs these proceedings in either House, and, if there is
a desire to save a bill, some variation in the proceedings may be devised
in order to effect this object. 2
8.178 If any communications are still continuing at the end of a session,
the bill is lost.
1 Exchanges between the Houses at this stage are governed by provisions set out in Procedure
1st Rpt 2004–05.
2 Erskine May, p. 639. For an example see the proceedings on the Planning and Compulsory
Purchase Bill 2003–04: LJ (2003–04) 427.
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