House of Lords Reform Bill (HC Bill 52)

Part 1 Composition of the House of Lords

1 Composition of the House of Lords

(1) In the first electoral period the House of Lords is to consist of—

(a) 5120 elected members,

(b) 30 appointed members,

(c) up to 21 Lords Spiritual,

(d) any ministerial members, and

(e) the transitional members for that period.

(2) 10In the second electoral period the House of Lords is to consist of—

(a) 240 elected members,

(b) 60 appointed members,

(c) up to 16 Lords Spiritual,

(d) any ministerial members, and

(e) 15the transitional members for that period.

(3) In each subsequent electoral period the House of Lords is to consist of—

(a) 360 elected members,

(b) 90 appointed members,

(c) up to 12 Lords Spiritual, and

(d) 20any ministerial members.

(4) Accordingly, no-one is a member of the House of Lords by virtue of a peerage.

(5) In this Act “electoral period” means a period which—

(a) begins immediately after the day of a House of Lords election, and

(b) ends with the day of the next House of Lords election.

2 5Continued application of the Parliament Acts

(1) The Parliament Acts 1911 and 1949 continue to apply after the beginning of the
first electoral period, despite the changes to the House of Lords made by this
Act.

(2) The preamble to the Parliament Act 1911 is repealed.

10Part 2 Elected members

House of Lords elections

3 House of Lords elections

(1) A House of Lords election is to be held whenever there is a qualifying House
15of Commons general election.

(2) The polling day for the House of Lords election is to be the same as the polling
day for the qualifying House of Commons general election.

(3) The qualifying House of Commons general elections are—

(a) the first House of Commons general election the polling day for which
20is on or after 7 May 2015, and

(b) any subsequent House of Commons general election except one whose
polling day is within the period of 2 years beginning with the day of the
previous qualifying House of Commons general election.

(4) Writs for a House of Lords election are to be sealed and issued—

(a) 25as soon as practicable after the dissolution, by section 3(1) of the Fixed-
term Parliaments Act 2011, of the last Parliament before the election,
and

(b) in accordance with the practice in relation to writs for House of
Commons general elections; but this is subject to any provision made
30under section 7 (power to make provision about elections).

(5) In this Act any reference to the day of a House of Lords election is to the polling
day for the election determined in accordance with subsection (2).

4 Ordinary elected members and the electoral districts

(1) At each House of Lords election, 120 persons are to be returned as ordinary
35elected members.

(2) Each of them is to be returned as an ordinary elected member for an electoral
district.

(3) The electoral districts are specified in Schedule 1.

(4) Schedule 2 specifies how many of the 120 persons mentioned in subsection (1)
are to be returned for each electoral district.

(5) The returning officer for an electoral district must notify the Clerk of the Crown
of—

(a) 5the name of each person returned as an ordinary elected member for
that district, and

(b) the return day in respect of each such person.

(6) A person returned at a House of Lords election as an ordinary elected member
is such a member for the first 3 electoral periods to occur after the day of that
10election, excluding—

(a) any period before the return day, and

(b) the dissolution period in the last of those electoral periods.

5 Voting system

(1) At a House of Lords election, an election is to be held in each of the electoral
15districts.

(2) The election in an electoral district is for the total number of elected members
who are to be returned at that election for that district.

(3) That number is—

(a) the number of ordinary elected members specified in Schedule 2 in
20respect of the district, and

(b) such number of persons as may be required under section 8 to be
returned as replacement elected members for the district.

(4) Schedule 3 contains provision about the system of election in Great Britain
(which is a list system).

(5) 25The system of election in Northern Ireland is a single transferable vote system
under which—

(a) a vote is capable of being given so as to indicate the voter’s order of
preference for the candidates for election, and

(b) a vote is capable of being transferred to the next choice—

(i) 30when the vote is not required to give a prior choice the
necessary quota of votes, or

(ii) when, owing to the deficiency in the number of votes given for
a prior choice, that choice is eliminated from the list of
candidates.

(6) 35At a House of Lords election—

(a) a person may not be a candidate in more than one electoral district;

(b) an elected member may not be a candidate.

6 Entitlement to vote

(1) At a House of Lords election, a person is entitled to vote in an electoral district
40if, on the day of the poll in that district—

(a) the person would be entitled to vote at a House of Commons election
in a parliamentary constituency wholly or partly comprised in the
electoral district, and

(b) the person has a qualifying address.

(2) A person has a qualifying address if—

(a) the address in respect of which the person is registered in the relevant
register of parliamentary electors is within the electoral district, or

(b) the person’s registration in the relevant register of parliamentary
5electors results from an overseas elector’s declaration which specifies
an address within the electoral district.

(3) At a House of Lords election, a person is not entitled to vote more than once.

(4) References in this section to voting are to voting as an elector.

7 Power to make provision about elections

(1) 10The Minister may by order make provision about the conduct of House of
Lords elections or other matters relating to such elections.

(2) In particular, an order under subsection (1) may make provision—

(a) about the registration of electors;

(b) about the designation of persons as returning officers, and local
15returning officers, for each electoral district;

(c) conferring functions on those officers;

(d) about the recovery of charges by those officers in respect of services
rendered, or expenses incurred, by them;

(e) requiring local authorities to place the services of their officers or
20employees at the disposal of returning officers or local returning
officers for the purpose of assisting them;

(f) for the combination of polls at House of Lords elections with polls at
other elections or at referendums;

(g) about funding and expenditure, in relation to House of Lords elections,
25of candidates, political parties and other persons (including the
provision of free postal services to candidates);

(h) for limiting the number of persons who may be nominated as
candidates for election in the name of a party in an electoral district to
the number of elected members to be returned for that district in the
30election;

(i) about the way in which the names of candidates and parties appear on
the ballot paper;

(j) for the postponement of the poll in an electoral district due to the death
of a candidate or other exceptional circumstances;

(k) 35for the allocation of seats in Northern Ireland in the case of an equality
of votes;

(l) conferring on candidates a right to choose not to be returned as a
replacement elected member;

(m) for the allocation of seats where such a choice is made or where more
40than one replacement elected member is to be returned;

(n) about the questioning of House of Lords elections and the
consequences of irregularities.

(3) An order under subsection (1) may—

(a) apply, or incorporate, with or without modifications, any provision of
45primary or secondary legislation;

(b) modify any provision made by or under the Representation of the
People Acts, the Political Parties, Elections and Referendums Act 2000
or the Electoral Administration Act 2006;

(c) modify any provision of primary or secondary legislation which is a
5provision relating to a House of Commons election;

(d) modify Part 7 (disqualification);

(e) create criminal offences.

(4) An order under subsection (1) may provide for sums to be charged on, and paid out of,
the Consolidated Fund in relation to—

(a) 10the provision of training relating to functions of returning officers or local
returning officers;

(b) the recovery of charges by such officers in respect of services rendered, or
expenses incurred, by them;

(c) the provision of free postal services to candidates.

(5) 15The return of an elected member at a House of Lords election may be
questioned only in accordance with provision made under this section
(whether by the application or incorporation of Part 3 of the Representation of
the People Act 1983 or otherwise).

(6) In this section “local authority” means—

(a) 20a county or district council in England;

(b) a London borough council;

(c) the Greater London Authority;

(d) the Council of the Isles of Scilly;

(e) a county or county borough council in Wales;

(f) 25a council constituted under section 2 of the Local Government etc
(Scotland) Act 1994;

(g) a district council constituted under section 1 of the Local Government
Act (Northern Ireland) 1972.

Filling vacancies

8 30Interim replacement elected members and replacement elected members

(1) This section applies where, before the end of the expected term (“the expected
term”) of a person returned as an elected member, the Clerk of the Parliaments
certifies that—

(a) the return is void, or

(b) 35the person has ceased to be an elected member,

and, accordingly, that the member’s seat is vacant.

(2) The seat is to be filled as follows—

(a) subject to subsection (5) and Schedule 4, a person is to be returned in
accordance with that Schedule as an interim replacement elected
40member for the electoral district in question, and

(b) subject to subsection (6), a person is to be returned at the next House of
Lords election as a replacement elected member for the electoral district
in question.

(3) A person returned under subsection (2)(a) is an interim replacement elected
45member for the period—

(a) beginning with the day the person is declared to be returned, and

(b) ending with the day of dissolution of the last (or only) Parliament of the
electoral period in which the vacancy is certified.

(4) A person returned under subsection (2)(b) is a replacement elected member for
5the period—

(a) beginning with the day the person is declared to be returned, and

(b) ending at the end of the expected term.

(5) Subsection (2)(a) does not apply if the expected day of the next House of Lords
election is within the period of 6 months beginning with the day the certificate
10under subsection (1) is issued.

(6) Subsection (2)(b) does not apply if the day of the next House of Lords election
is after the end of the expected term.

(7) Where subsection (2)(b) applies, the returning officer for the electoral district
must notify the Clerk of the Crown of—

(a) 15the name of the person returned under that provision, and

(b) the day the person is declared to be returned.

(8) When allocating the seats of elected members for an electoral district following
a House of Lords election, the seats for any replacement elected members are
to be allocated after the seats for the ordinary elected members.

9 20The “expected day” of the next House of Lords election

(1) For the purposes of section 8(5), the determination of the expected day of the
next House of Lords election (“the expected day”) is to be—

(a) undertaken as at the day specified in the following provisions of this
section, and

(b) 25made in accordance with subsection (5).

(2) The expected day is to be determined as at the day the certificate under section
8(1) is issued (“the day of the certificate”); but this is subject to subsections (3)
and (4).

(3) If, on the day of the certificate—

(a) 30an early House of Commons general election is to take place as
provided for by section 2(1) or (3) of the Fixed-term Parliaments Act
2011 (“the 2011 Act”), but

(b) no polling day has been appointed for that election under section 2(7)
of that Act,

35the expected day is to be determined as at the day after the day that
appointment is made.

(4) If a motion under section 2(3)(a) of the 2011 Act (no confidence motion) is
passed on or before the day of the certificate but the period mentioned in
section 2(3)(b) of that Act ends after that day—

(a) 40where an early House of Commons general election is to take place as
a result of the motion, the expected day is to be determined as at the day
after the day on which the polling day for that general election is
appointed, and

(b) otherwise, the expected day is to be determined as at the day after the
45day a motion under section 2(3)(b) of the 2011 Act is passed.

(5) When determining the expected day, any possibility that the polling day for a
House of Commons general election may change is to be disregarded.

10 Vacancies certified in dissolution periods

Where a certificate under section 8(1) is issued in a dissolution period—

(a) 5for the purposes of sections 8 and 9 and Schedule 4, the certificate is to
be treated as issued on the first day of the electoral period after the one
in which it is actually issued, and

(b) references in those provisions to the “next House of Lords election” and
the “last House of Lords election” are to be read accordingly.

10Part 3 Appointed members

House of Lords Appointments Commission etc

11 The House of Lords Appointments Commission

(1) There is to be a body corporate known as the House of Lords Appointments
15Commission (referred to in this Act as “the Appointments Commission”).

(2) Schedule 5 makes provision about the Appointments Commission.

12 The Speakers’ Committee on the House of Lords Appointments Commission

(1) There is to be a committee known as the Speakers’ Committee on the House of
Lords Appointments Commission (referred to in this Act as “the Speakers’
20Committee”).

(2) Schedule 6 makes provision about the Speakers’ Committee.

Ordinary appointed members

13 Ordinary appointed members

(1) In each electoral period, 30 persons are to be appointed as ordinary appointed
25members of the House of Lords.

(2) The appointments are to be made by Her Majesty on the recommendation of
the Prime Minister.

(3) The Appointments Commission must, during the first 14 days of an electoral
period, recommend 30 persons to the Prime Minister for appointment.

(4) 30The Prime Minister must, as soon as reasonably practicable, recommend each
of those persons to Her Majesty for appointment (and may not recommend any
other person).

(5) A person appointed under this section is an ordinary appointed member for
the electoral period in which the appointment is made and the next 2 electoral
35periods, excluding—

(a) any period before the day of the appointment, and

(b) the dissolution period in the last of those electoral periods.

Filling vacancies

14 Replacement appointed members

(1) This section applies where, before the end of the expected term of a person
(“A”) appointed as an appointed member, the Clerk of the Parliaments certifies
5that—

(a) the appointment is void, or

(b) A has ceased to be an appointed member.

(2) A person is to be appointed as a replacement appointed member of the House
of Lords in order to replace A.

(3) 10The appointment is to be made by Her Majesty on the recommendation of the
Prime Minister.

(4) The Appointments Commission must, as soon as reasonably practicable,
recommend a person to the Prime Minister for appointment.

(5) The Prime Minister must, as soon as reasonably practicable, recommend that
15person to Her Majesty for appointment (and may not recommend any other
person).

(6) No appointment may be made after the end of A’s expected term.

(7) Where—

(a) A’s expected term is the period mentioned in section 15(3) (extended
20term of office), and

(b) the certificate under subsection (1) is issued in the electoral period in
which A is appointed,

no appointment may be made after the end of that electoral period.

15 Replacement appointed member’s term of office

(1) 25A person (“R”) appointed under section 14 in order to replace another person
(“A”) is a replacement appointed member for the period which—

(a) begins with the day of R’s appointment, and

(b) ends at the end of A’s expected term.

(2) But if—

(a) 30that period begins and ends in the same electoral period, and

(b) R has not previously been an elected or appointed member as a result
of a previous return or appointment,

R is a replacement appointed member for the period mentioned in subsection
(3).

(3) 35That period—

(a) begins with the day of R’s appointment, and

(b) ends with the day of dissolution of the last (or only) Parliament of the
third electoral period after the electoral period in which R is appointed.

16 Reduction in number of ordinary appointed members to be appointed

(1) 40This section applies where, at the beginning of an electoral period (“the
electoral period”), there are one or more replacement appointed members to

whom section 15(2) (extended term of office) applies who were appointed in
the previous electoral period.

(2) Section 13(1) and (3) (number of persons to be appointed as ordinary appointed
members etc) have effect in relation to the electoral period as if the number of
5persons mentioned there were reduced by the number of replacement
appointed members referred to in subsection (1) above.

Supplementary provision

17 Criteria and procedure for selection

(1) The Appointments Commission is to select persons for recommendation for
10appointment on the basis of fair and open competition.

(2) In doing so it must take account of—

(a) the principle that, although past or present party political activity or
affiliation does not necessarily preclude selection, the role of an
appointed member is to make a contribution to the work of the House
15of Lords which is not a party political contribution,

(b) the desirability of the appointed members collectively reflecting the
diversity of the population of the United Kingdom and having a range
of experience and expertise,

(c) a person’s integrity and commitment to the principles of public life,

(d) 20a person’s ability and willingness to contribute effectively to the work
of the House of Lords, and

(e) such other matters as the Appointments Commission considers
appropriate.

(3) “The principles of public life” are the Nolan principles or such other similar
25principles as may be adopted by the Appointments Commission from time to
time.

(4) The Appointments Commission must take whatever steps it considers
necessary to ensure that a diverse range of persons is considered for
recommendation.

(5) 30The Appointments Commission may recommend a person for appointment
only if the person has declared (at the time or times required by the
Commission) that—

(a) the person is aware of the provisions of section 26 (disqualification) so
far as they relate to appointed members, and

(b) 35to the best of the person’s knowledge and belief, the person is not
disqualified from being an appointed member (whether by virtue of
that section or otherwise).

(6) The Appointments Commission must—

(a) prepare a scheme setting out its criteria and procedures (which must
40comply with subsections (1) to (5)) for selecting persons to recommend
for appointment,

(b) review the scheme regularly and revise it as appropriate, and

(c) publish the scheme and any revision to it.