HOUSE OF LORDS - United Kingdom Parliament

HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament

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does not apply to a dissolution, when all select committee activity must cease); 1 impeachments by the Commons which may be carried on from one session to another and from one Parliament to another. The jurisdiction of the Lords in such impeachments has fallen into disuse. 2 2.16 Government public bills may also be “carried over” from one session to the next. See paragraph 8.08. Demise of the Crown 2.17 A demise of the Crown no longer brings a session or a Parliament to an end. 3 2.18 The Succession to the Crown Act 1707 4 provides that in the event of the demise of the Crown, Parliament, if adjourned or prorogued, must meet as soon as possible 5 and if sitting must immediately proceed to act without any summons in the usual form. 2.19 By the Representation of the People Act 1985, 6 in case of the demise of the Crown after the dissolution of one Parliament and the proclamation summoning the next, but before the election, the election and the meeting of Parliament are postponed by fourteen days. If the demise occurs on or after the date of the election, Parliament meets in accordance with the proclamation summoning the next Parliament. 2.20 When Parliament meets under either of these Acts, there is no speech from the Throne. All members of both Houses take the oath of allegiance to the new Sovereign. In the course of a few days a message under the Sign Manual is sent formally acquainting the House with the death of the Sovereign, and stating such other matters as may be necessary. The House votes an Address to the new Sovereign in answer to the message, expressing condolences upon the death of his predecessor and loyalty to him upon his accession. 1 SO 64. 2 See Erskine May, p. 73. 3 Representation of the People Act 1867, s. 51. 4 s. 5. 5 Notice of the time of meeting is given by any means available. 6 s. 20. 34

2.21 If the demise of the Crown has taken place during the session, business is resumed and proceeds as usual; but if it has occurred during an adjournment or prorogation, both Houses again adjourn as soon as the Addresses have been presented. Emergency recall of the House 2.22 The Lord Speaker, or, in her absence, the Chairman of Committees, may, after consultation with the government, recall the House whenever it stands adjourned, if she is satisfied that the public interest requires it 1 or in pursuance of section 28(3) of the Civil Contingencies Act 2004. Addresses to the Crown 2.23 The ordinary method by which the Houses communicate with the Sovereign is by Address. Addresses may be agreed by both Houses and jointly presented, or agreed separately but presented together, but are more commonly agreed and presented separately. From the House of Lords, they may be presented by certain designated members, by members who are members of the Royal Household or Privy Counsellors, or by the whole House. The most common form of Address occurs at the beginning of every session in reply to the Queen’s Speech. Other forms of Address are those requesting the Queen to make an Order in Council in the form of a draft laid before the House or praying the Queen to annul a negative instrument. There has been an Address for the exercise of the prerogative of mercy. 2 There are also Addresses of condolence or congratulation to the Sovereign on family or public occasions. An Address may also be presented in response to a Royal Message, concerning for example the Civil List or the declaration of a State of Emergency. 2.24 The Sovereign’s reply is communicated to the House on the first convenient occasion. The member reporting the reply to the House (usually the Lord Chamberlain or another member of the Royal Household) does so at the beginning of business. 1 SO 17(1), (2). 2 The case of Guardsmen Fisher and Wright, HL Deb. 20 July 1998, cols 653–72. 35

does not apply to a dissolution, when all select committee activity<br />

must cease); 1<br />

impeachments by the Commons which may be carried on from one<br />

session to another and from one <strong>Parliament</strong> to another. The<br />

jurisdiction of the Lords in such impeachments has fallen into disuse. 2<br />

2.16 Government public bills may also be “carried over” from one<br />

session to the next. See paragraph 8.08.<br />

Demise of the Crown<br />

2.17 A demise of the Crown no longer brings a session or a <strong>Parliament</strong><br />

to an end. 3<br />

2.18 The Succession to the Crown Act 1707 4 provides that in the<br />

event of the demise of the Crown, <strong>Parliament</strong>, if adjourned or prorogued,<br />

must meet as soon as possible 5 and if sitting must immediately proceed<br />

to act without any summons in the usual form.<br />

2.19 By the Representation of the People Act 1985, 6 in case of the<br />

demise of the Crown after the dissolution of one <strong>Parliament</strong> and the<br />

proclamation summoning the next, but before the election, the election<br />

and the meeting of <strong>Parliament</strong> are postponed by fourteen days. If the<br />

demise occurs on or after the date of the election, <strong>Parliament</strong> meets in<br />

accordance with the proclamation summoning the next <strong>Parliament</strong>.<br />

2.20 When <strong>Parliament</strong> meets under either of these Acts, there is no<br />

speech from the Throne. All members of both Houses take the oath of<br />

allegiance to the new Sovereign. In the course of a few days a message<br />

under the Sign Manual is sent formally acquainting the House with the<br />

death of the Sovereign, and stating such other matters as may be<br />

necessary. The House votes an Address to the new Sovereign in answer<br />

to the message, expressing condolences upon the death of his<br />

predecessor and loyalty to him upon his accession.<br />

1 SO 64.<br />

2 See Erskine May, p. 73.<br />

3 Representation of the People Act 1867, s. 51.<br />

4 s. 5.<br />

5 Notice of the time of meeting is given by any means available.<br />

6 s. 20.<br />

34

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