HOUSE OF LORDS - United Kingdom Parliament
HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament
By the Act of Settlement 1701 1 “no person born out of the Kingdoms of England, Scotland or Ireland, or the Dominions thereunto belonging … (except such as are born of English parents)” may be a member of the House of Lords. By virtue of a modification contained in the British Nationality Act 1981, 2 this provision does not apply to Commonwealth citizens or citizens of the Republic of Ireland. Under the 1981 Act, 3 “Commonwealth citizen” means a British citizen, a British Overseas Territories citizen, a British subject under that Act, or a citizen of an independent Commonwealth country; those convicted of treason The Forfeiture Act 1870 provides that anyone convicted of treason shall be disqualified for sitting or voting as a member of the House of Lords until he has either suffered his term of imprisonment or received a pardon; bankrupts Under the Insolvency Act 1986, 4 a member of the House adjudged bankrupt, or in Scotland a member of the House whose estate is sequestered, is disqualified for sitting and voting in the House of Lords or in any committee of the House. A writ is not issued to any person, who would otherwise be entitled to one, while he is so disqualified. The court certifies the bankruptcy or sequestration and its termination to the Lord Speaker and it is recorded in the Journals; Members of the European Parliament (MEPs) The European Parliament (House of Lords Disqualification) Regulations 2008 provide that any Life Peer who is elected to the European Parliament is disqualified for sitting and voting in the House of Lords or in any committee of the House or joint committee. A writ is not issued to a Life Peer who is disqualified under this regulation; 1 s. 3. 2 Schedule 7. See also s. 47 of the Constitutional Reform and Governance Act 2010. 3 s. 37. 4 s. 426A and s. 427 as amended by the Enterprise Act 2002. 14
Holders of disqualifying judicial office Under the Constitutional Reform Act 2005, 1 a member of the House who holds a disqualifying judicial office 2 is disqualified for sitting and voting in the House of Lords or in any committee of the House or joint committee. Such members are not however disqualified for receiving a writ of summons. Membership of the House under SOs 9 and 10 1.03 Section 1 of the House of Lords Act 1999 provides that “No-one shall be a member of the House of Lords by virtue of a hereditary peerage”. 3 However, section 2 of the Act provides that 90 hereditary peers, and also the holders of the offices of Earl Marshal and Lord Great Chamberlain, shall be excepted from this general exclusion and shall remain as members for their lifetime or until a subsequent Act otherwise provides. 1.04 In accordance with SO 9, 75 of the 90 excepted hereditary peers were elected by the hereditary peers in their political party or Crossbench grouping. 4 The remaining 15 were elected by the whole House to act as Deputy Chairmen and other office-holders. 5 Under SO 9, vacancies arising due to the death of one of the 90 before the end of the first session of the Parliament after that in which the 1999 Act was passed were filled by a runner-up in the relevant election. 6 That period ended on 7 November 2002. 1.05 Under SO 10, any vacancy due to the death of one of the 90 is now filled by holding a by-election. By-elections are conducted in accordance with arrangements made by the Clerk of the Parliaments and take place within three months of a vacancy occurring. If the vacancy is among the 75, only the excepted hereditary peers (including those 1 s. 137. 2 Defined in the House of Commons Disqualification Act 1975, as amended, and the Northern Ireland Assembly Disqualification Act 1975, as amended. 3 Certain members of the House who sat formerly by virtue of a hereditary peerage now sit by virtue of a life peerage. Under SO 7 they use their higher title. 4 Under SO 9(2)(i), 2 peers were elected by the Labour hereditary peers, 42 by the Conservative hereditary peers, 3 by the Liberal Democrat hereditary peers, and 28 by the Crossbench hereditary peers. 5 The elections were held on 27–28 October 1999 and 3–4 November 1999. SO 9(2)(ii). 6 Two places, both among the 28 Crossbench peers, were filled in this way. 15
- Page 1 and 2: HOUSE OF LORDS Companion to the Sta
- Page 3: PREFACE This is the 22nd edition of
- Page 6 and 7: Secret sittings ...................
- Page 8 and 9: Introduction and first reading.....
- Page 10 and 11: Procedure on consideration of Commo
- Page 12 and 13: Remedial orders ...................
- Page 14 and 15: ABBREVIATIONS Erskine May Erskine M
- Page 18 and 19: elected among the 15) in the releva
- Page 20 and 21: no member of the House may act as s
- Page 22 and 23: Leave of absence 1.27 Members of th
- Page 24 and 25: announcement takes a standard form
- Page 26 and 27: emunerated directorships and other
- Page 28 and 29: Seating in the Chamber 1.54 The sid
- Page 30 and 31: 28 1. Throne 2. Cloth of Estate 3.
- Page 32 and 33: CHAPTER 2 THE CROWN AND PARLIAMENTA
- Page 34 and 35: 2.09 A government backbencher also
- Page 36 and 37: does not apply to a dissolution, wh
- Page 38 and 39: Messages to members of the Royal Fa
- Page 40 and 41: CHAPTER 3 SITTINGS AND DOCUMENTS OF
- Page 42 and 43: Adjournment 3.09 At the end of busi
- Page 44 and 45: Leave of the House 3.19 The leave o
- Page 46 and 47: House of Lords Business 3.27 House
- Page 48 and 49: oral questions, which may be tabled
- Page 50 and 51: (c) business expressly exempted fro
- Page 52 and 53: 3.43 Private bills are entered on t
- Page 54 and 55: e taken during the dinner break. On
- Page 56 and 57: the remaining business from that si
- Page 58 and 59: must submit a notification and expl
- Page 60 and 61: papers can be found in the Handbook
- Page 62 and 63: CHAPTER 4 CONDUCT IN THE HOUSE Self
- Page 64 and 65: Any advice or assistance given by t
Holders of disqualifying judicial office<br />
Under the Constitutional Reform Act 2005, 1 a member of the<br />
House who holds a disqualifying judicial office 2 is disqualified<br />
for sitting and voting in the House of Lords or in any<br />
committee of the House or joint committee. Such members<br />
are not however disqualified for receiving a writ of summons.<br />
Membership of the House under SOs 9 and 10<br />
1.03 Section 1 of the House of Lords Act 1999 provides that “No-one<br />
shall be a member of the House of Lords by virtue of a hereditary peerage”. 3<br />
However, section 2 of the Act provides that 90 hereditary peers, and also<br />
the holders of the offices of Earl Marshal and Lord Great Chamberlain, shall<br />
be excepted from this general exclusion and shall remain as members for<br />
their lifetime or until a subsequent Act otherwise provides.<br />
1.04 In accordance with SO 9, 75 of the 90 excepted hereditary peers<br />
were elected by the hereditary peers in their political party or<br />
Crossbench grouping. 4 The remaining 15 were elected by the whole<br />
House to act as Deputy Chairmen and other office-holders. 5 Under<br />
SO 9, vacancies arising due to the death of one of the 90 before the end<br />
of the first session of the <strong>Parliament</strong> after that in which the 1999 Act was<br />
passed were filled by a runner-up in the relevant election. 6 That period<br />
ended on 7 November 2002.<br />
1.05 Under SO 10, any vacancy due to the death of one of the 90 is<br />
now filled by holding a by-election. By-elections are conducted in<br />
accordance with arrangements made by the Clerk of the <strong>Parliament</strong>s and<br />
take place within three months of a vacancy occurring. If the vacancy is<br />
among the 75, only the excepted hereditary peers (including those<br />
1 s. 137.<br />
2 Defined in the House of Commons Disqualification Act 1975, as amended, and the Northern<br />
Ireland Assembly Disqualification Act 1975, as amended.<br />
3 Certain members of the House who sat formerly by virtue of a hereditary peerage now sit by<br />
virtue of a life peerage. Under SO 7 they use their higher title.<br />
4 Under SO 9(2)(i), 2 peers were elected by the Labour hereditary peers, 42 by the<br />
Conservative hereditary peers, 3 by the Liberal Democrat hereditary peers, and 28 by the<br />
Crossbench hereditary peers.<br />
5 The elections were held on 27–28 October 1999 and 3–4 November 1999. SO 9(2)(ii).<br />
6 Two places, both among the 28 Crossbench peers, were filled in this way.<br />
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