SCHEDULE 10 continued PART 2 continued
House of Lords Reform BillPage 80
(13)
Omit section 141(b) (which amended section 3 of the Representation of the
People Act 1985) (and the “and” before it).
(14)
In section 143(11) (details to appear on election material) at the end of the
definition of “election material” insert “except that references in that
5provision to a relevant election are to be read as also including an election to
the House of Lords”.
(15)
In paragraph 1(8) of Schedule 7 (control of donations to individuals and
members associations) after paragraph (a) insert—
“(aa)(aa)elected member of the House of Lords;”.
44
(1)
Amend the House of Commons (Removal of Clergy Disqualification) Act
2001 as follows.
(2) In section 1 (removal of clergy disqualification) omit—
(a) subsection (2), and
(b) 15subsection (3)(a) (and the “and” after it).
(3) Omit Schedule 1 (consequential amendments).
45 (1) Amend the European Parliamentary Elections Act 2002 as follows.
(2) In section 8 (persons entitled to vote)—
(a)
20in subsection (1) for “any of subsections (2) to (5)” substitute
“subsection (2) or (5)”, and
(b) omit subsections (3), (4) and (7).
(3)
In section 10(2) (disqualification from membership of European
Parliament)—
(a) 25for paragraph (a) substitute—
“(a) he is a member of the House of Lords,”,
(b) omit paragraph (b),
(c) omit the “or” after paragraph (c), and
(d) after paragraph (d) insert “, or
(e)
30he is disqualified from being elected to the House of
Commons by section 41 of the House of Lords Reform
Act 2012 (temporary disqualification of former
members of the House of Lords).”
(4)
In paragraph 6(1) of Schedule 1A (periodic reviews of distribution of MEPs)
35in the definition of “relevant register” omit paragraph (c) (but not the “and”
after it).
46
In regulation 12(10)(b)(ii) of the Employment Equality (Sexual Orientation)
40Regulations (Northern Ireland) 2003 (definition of “political office”) after
“1958,” insert “the office of an appointed member of the House of Lords,”.
House of Lords Reform BillPage 81
47
In section 137 of the Constitutional Reform Act 2005 (parliamentary
disqualification) omit subsections (3) to (5).
48
5Omit paragraph 17 of Schedule 1 to the Electoral Administration Act 2006
(which amended section 3 of the Representation of the People Act 1985).
49
In section 17(1) of the Government of Wales Act 2006 (disqualification from
membership of Welsh Assembly) for the words from the second “is” to the
10end substitute “is disqualified from being elected to the House of Commons
by section 41 of the House of Lords Reform Act 2012 (temporary
disqualification of former members of the House of Lords).”
50
In regulation 13(10)(b)(ii) of the Employment Equality (Age) Regulations
15(Northern Ireland) 2006 (definition of “political office”) after “1958,” insert
“the office of an appointed member of the House of Lords,”.
51
The European Parliament (House of Lords Disqualification) Regulations
2008 are revoked.
52
In Schedule 6 to the Equality Act 2010 (excluded offices) after paragraph 3
insert—
4
25The office of an appointed member of the House of Lords is not a
personal or public office.”
53 (1) Amend the Constitutional Reform and Governance Act 2010 as follows.
(2)
In the heading to Part 4 (tax status of MPs and members of the House of
30Lords) omit “and members of the House of Lords”.
(3) In section 41 (tax status of MPs and members of the House of Lords) omit—
(a)
subsections (1)(b) (and the “or” before it), (5), (6), (8)(b) (and the
“and” before it) and (10), and
(b) in the heading “and members of the House of Lords”.
(4)
35Omit section 42 (tax status of members of the House of Lords: transitional
provision).
(5) Omit section 52(3)(b) (commencement of section 42).
House of Lords Reform BillPage 82
(6)
In Schedule 5 omit paragraph 2 (which amended section 2 of the
Parliamentary Standards Act 2009).
54
In section 12 of the Budget Responsibility and National Audit Act 2011
5(status of office of Comptroller & Auditor General etc) omit subsection (3).
55
In section 11 of the European Union Act 2011 (persons entitled to vote in
referendum) omit subsections (1)(b) and (2).
56
10In section 3(3) of the Fixed-term Parliaments Act 2011 (dissolution of
Parliament) for the words from “the writs” to the end substitute “—
(a)
the writs for the House of Commons general election sealed
and issued (see rule 3 in Schedule 1 to the Representation of
the People Act 1983), and
(b)
15the writs for any relevant House of Lords election sealed and
issued (see section 3(4) of the House of Lords Reform Act
2012).
A “relevant House of Lords election” is a House of Lords election
which has the same polling day as the polling day for the general
20election.”
Section 53
1
For the purposes of section 41 (restriction on former members being elected
25as MPs) a person’s membership of the House of Lords on or before the day
of the first House of Lords election is to be disregarded.
2
(1)
This paragraph applies in the case of a member of the House of Lords if
section 44 (expulsion and suspension) comes into force after what would
30(apart from this paragraph) be “the relevant time” in relation to that member
as determined under subsection (5) of that section.
(2)
In the case of that member, “the relevant time” for the purposes of section 44
means the time that section comes into force.
3
35Nothing in the amendments made by section 46 (pay and allowances), or in
any other provision of this Act, affects the power of the House of Lords to
provide by resolution for pay or allowances for transitional members.
House of Lords Reform BillPage 83
4
(1)
This paragraph applies if section 50(1) (peers not disqualified from voting)
comes into force before the day of the first House of Lords election.
(2) In this paragraph—
(a)
5“relevant peer” means a peer who, immediately before the coming
into force of section 50(1), is by virtue of that peerage disqualified
from voting at elections to the House of Commons, and
(b)
“interim period” means the period beginning with the day on which
that provision comes into force and ending immediately before the
10day of the first House of Lords election.
(3)
Section 50(1) does not remove the disqualification of a relevant peer from
voting as an elector—
(a) at an intervening House of Commons election,
(b)
at an intervening election to the European Parliament by virtue of
15section 8(2) of the European Parliamentary Elections Act 2002
(entitlement to vote as a parliamentary elector), or
(c)
at an intervening referendum under the European Union Act 2011 by
virtue of section 11(1)(a) of that Act (entitlement to vote as a
parliamentary elector).
(4)
20An “intervening” election or referendum is an election or referendum the
day of the poll for which occurs during the interim period.
(5)
In relation to a relevant peer, any disqualification which is preserved by sub-
paragraph (3) is to be disregarded for the purposes of—
(a)
section 4(1)(b) of the Representation of the People Act 1983
25(entitlement to be registered as a parliamentary elector), and
(b)
section 1(1)(b)(i) of the Representation of the People Act 1985
(entitlement to vote as an overseas elector) in so far as that provision
relates to legal incapacity to vote on the relevant date (within the
meaning of that section).
5
(1)
30In relation to a relevant peer, sections 1 and 2 of the Representation of the
People Act 1985 (conditions as to qualification as an overseas elector) have
effect with the following modifications.
(2)
In section 1(3) and (4)(b) any reference to a register of parliamentary electors
includes—
(a) 35any register of local government electors in Great Britain, and
(b) any register of local electors in Northern Ireland,
which was required to be published on any date before the day on which
section 50(1) comes into force.
(3) In section 1 after subsection (4) insert—
“(4A) 40The third set of conditions is that—
(a)
he was last resident in the United Kingdom at a time before
the day on which section 50(1) of the House of Lords Reform
Act 2012 comes into force and within the period of 15 years
ending immediately before the relevant date,
(b)
45he was by reason only of being the holder of a peerage
incapable of being included in any register of parliamentary
House of Lords Reform BillPage 84
electors in force on the last day on which he was resident in
the United Kingdom, and
(c)
the address at which he was resident on that day was at a
place that is situated within the constituency concerned.”
(4) 5In section 2(4)—
(a) omit the “and” after paragraph (b),
(b) after paragraph (c) insert “and
(d)
in the case of the third set of conditions, specify the
address in the United Kingdom at which he was
10resident,”, and
(c) for “either set” substitute “any set”.
(5) “Relevant peer” has the same meaning as in paragraph 4.
6
(1)
This paragraph applies if section 50(2) (peers not disqualified from
15membership of either House of Parliament) comes into force before the day
of the first House of Lords election.
(2)
In this paragraph “relevant peer” means a peer who, immediately before the
coming into force of section 50(2), is by virtue of that peerage disqualified
from membership of the House of Commons.
(3)
20Section 50(2) does not remove the disqualification of a relevant peer from
membership of the House of Commons as a result of being elected at a
House of Commons election the day of the poll for which occurs before the
day of the first House of Lords election.
7
25In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices which are public authorities), the entry for the
Appointments Commission includes a reference to the body known as The
House of Lords Appointments Commission which was established before
this Act was passed.
8
At any time before the coming into force of section 6 of the Police and Fire
Reform (Scotland) Act 2012 (establishment of the Police Service of Scotland),
paragraph 6(b) of Schedule 8 is to be read as a reference to a police force
within the meaning of the Police (Scotland) Act 1967.
9 (1) This paragraph applies in relation to—
(a)
IPSA’s first determination under section 9A(1) and (5) of the PSA
2009 of procedures relating to members of the House of Lords;
(b)
the first guidance and the first scheme prepared by IPSA under
40paragraph 2 of Schedule 4 to that Act in relation to members of the
House of Lords;
(c)
the first specification of matters by IPSA under paragraph 8 of that
Schedule in relation to members of the House of Lords;
House of Lords Reform BillPage 85
(d)
the first guidance prepared by IPSA under paragraph 9 of that
Schedule in relation to members of the House of Lords.
(2) Section 9A(6) of that Act applies as if paragraphs (a) to (c) were omitted.
10
The amendments made to section 9A(6) of the PSA 2009 by paragraph 7(3)
5of Schedule 9 do not affect the validity of anything which—
(a)
has been determined, specified or prepared under that section or any
of the other provisions of that Act to which section 9A(6) is relevant,
and
(b)
has effect immediately before those amendments come into force for
10the purpose of the provision in question.
11
The amendments made to paragraph 27(2) of Schedule 1 to the PSA 2009 by
paragraph 12(10) of Schedule 9 do not affect the validity of the publication
scheme which—
(a)
has been adopted by IPSA under section 19 of the Freedom of
15Information Act 2000, and
(b) has effect immediately before those amendments come into force.
12
(1)
The amendments made to Schedule 1 to the PSA 2009 by paragraph 12(2) to
(4) of Schedule 9 do not affect a person holding office as a member of IPSA
20by virtue of an appointment made before the amendments come into force.
(2)
The amendments made to Schedule 3 to the PSA 2009 by paragraph 14 of
Schedule 9 do not affect a person holding office as a member of the Speakers’
Committee for IPSA by virtue of an appointment made under paragraph
1(e) of that Schedule before the amendments come into force.
13
The repeal of the Bishoprics Act 1878 by paragraph 17 of Schedule 10 does
not affect the continued operation in relation to that Act of the saving at the
end of Part 2 of Schedule 1 to the Statute Law Repeals Act 1973 (which
continues in force Orders in Council and schemes made under certain
30repealed Acts or Church Assembly Measures).
14
(1)
Sub-paragraph (2) applies if paragraph 15A of Schedule 7 to the PPERA 2000
(which is inserted by section 59(3) of the EAA 2006) has been brought into
force in relation to the holders of all relevant elective offices before
35paragraph 43(15) of Schedule 10 (which adds elected members to the
definition of “relevant elective office” in Schedule 7 to the PPERA 2000)
comes into force.
(2)
The Minister must not make an order under section 59 bringing paragraph
43(15) of Schedule 10 into force for the purposes of paragraph 15A of
40Schedule 7 to the PPERA 2000 unless the Minister is informed by the
Electoral Commission that they are satisfied that they will receive the
information mentioned in paragraph 15A(2) of that Schedule in relation to
elected members of the House of Lords.
House of Lords Reform BillPage 86
(3)
If paragraph 15A of Schedule 7 to the PPERA 2000 has not been brought into
force in relation to the holders of all relevant elective offices before
paragraph 43(15) of Schedule 10 comes into force, section 59(4) of the EAA
2006 applies to the bringing into force of paragraph 15A of Schedule 7 to the
5PPERA 2000 in relation to elected members of the House of Lords.
(4)
In this paragraph “relevant elective office” is to be construed in accordance
with Schedule 7 to the PPERA 2000.
15
(1)
Sub-paragraph (2) applies if paragraph 16 of Schedule 7A to the PPERA 2000
(which is inserted by paragraph 99 of Schedule 1 to the EAA 2006) has been
10brought into force in relation to the holders of all relevant elective offices
before paragraph 43(15) of Schedule 10 (which adds elected members to the
definition of “relevant elective office” which applies in Schedule 7A to the
PPERA 2000) comes into force.
(2)
The Minister must not make an order under section 59 bringing paragraph
1543(15) of Schedule 10 into force for the purposes of paragraph 16 of Schedule
7A to the PPERA 2000 unless the Minister is informed by the Electoral
Commission that they are satisfied that they will receive the information
mentioned in paragraph 16(3) of that Schedule in relation to elected
members of the House of Lords.
(3)
20If paragraph 16 of Schedule 7A to the PPERA 2000 has not been brought into
force in relation to the holders of all relevant elective offices before
paragraph 43(15) of Schedule 10 comes into force, paragraph 102(1) of
Schedule 1 to the EAA 2006 applies to the bringing into force of paragraph
16 of Schedule 7A to the PPERA 2000 in relation to elected members of the
25House of Lords.
(4)
In this paragraph “relevant elective office” has the same meaning as in
paragraph 14.
16 (1) The amendments made by paragraphs 53(2) and (3) of Schedule 10 apply—
(a)
30where the first meeting of the House of Lords in the first electoral
period (“the first meeting”) takes place on the first day of a tax year,
in relation to that tax year and subsequent tax years, and
(b)
otherwise, in relation to tax years after the tax year in which the first
meeting takes place.
(2) 35Where those amendments apply as mentioned in sub-paragraph (1)(b)—
(a)
in applying section 41 of the Constitutional Reform and Governance
Act 2010 to the tax year in which the first meeting takes place, a
person’s membership of the House of Lords after the dissolution of
the last Parliament before the first House of Lords election is to be
40disregarded, and
(b)
in applying section 48 to that tax year, a person’s membership of the
House of Lords on or before the day of the first House of Lords
election is to be disregarded.
(3) “Tax year” has the same meaning as in section 48.
House of Lords Reform BillPage 87
17
Nothing in any provision of this Act affects the validity of anything begun
before the provision comes into force (for any purpose) and completed
afterwards.
18 In this Schedule—
“the EAA 2006” means the Electoral Administration Act 2006;
“the PPERA 2000” means the Political Parties, Elections and
Referendums Act 2000;
10“the PSA 2009” means the Parliamentary Standards Act 2009.