House of Lords Reform Bill (HC Bill 52)

(7) The Minister may by order amend subsection (2) or (3); but that power is
exercisable only on, and in accordance with, a recommendation of the
Appointments Commission.

18 Withdrawal of recommendations

(1) 5A recommendation under section 13 or 14 must be withdrawn if, before it is
acted upon, it appears to the person who made it that the recommended person
is disqualified from being an appointed member.

(2) Where a recommendation is withdrawn, the Appointments Commission must,
as soon as reasonably practicable, recommend another person to the Prime
10Minister for appointment (“the new recommendation”).

(3) For the purposes of this Act (including this section) the new recommendation
is to be treated as made—

(a) under section 13(3), where the withdrawn recommendation was made
under section 13;

(b) 15under section 14(4), where the withdrawn recommendation was made
under section 14.

(4) For the purposes of subsection (1)—

(a) a recommendation by the Appointments Commission to appoint a
person is acted upon when the Prime Minister recommends the person
20to Her Majesty for appointment;

(b) a recommendation by the Prime Minister to appoint a person is acted
upon when the person is appointed by Her Majesty.

Part 4 Lords Spiritual

25Named Lords Spiritual

19 Named Lords Spiritual

(1) A person who holds a named office is a member of the House of Lords for the
period for which the person holds that office.

(2) In this Act “named office” means—

(a) 30Archbishop of Canterbury,

(b) Archbishop of York,

(c) Bishop of London,

(d) Bishop of Durham, or

(e) Bishop of Winchester.

(3) 35In this Act “named Lord Spiritual” means a person who is a member of the
House of Lords by reason of holding a named office.

(4) The Secretary General must, as soon as reasonably practicable, notify the Clerk
of the Crown of the appointment of a person to a named office.

(5) In this Act the “Secretary General” means the Secretary General of the General
40Synod of the Church of England.

Ordinary Lords Spiritual

20 Ordinary Lords Spiritual

(1) For each electoral period the Church of England may select bishops who do not
hold a named office to be members of the House of Lords as ordinary Lords
5Spiritual.

(2) The maximum number that may be selected is—

(a) for the first electoral period, 16,

(b) for the second electoral period, 11, and

(c) for each subsequent electoral period, 7.

(3) 10The Secretary General must notify the Clerk of the Crown—

(a) before each electoral period, of the persons selected for that period (or
that no persons have been selected before that period), and

(b) of any selection made during an electoral period, as soon as reasonably
practicable after it is made.

(4) 15A person selected for an electoral period is an ordinary Lord Spiritual for that
period, excluding—

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

(b) the dissolution period in that electoral period.

(5) For provision about ordinary Lords Spiritual for the first and second electoral
20periods, see section 21.

21 Ordinary Lords Spiritual for the first and second electoral periods

(1) Any selection under section 20 for the first or second electoral period must be
made before the beginning of that period.

(2) A person may be selected under that section as an ordinary Lord Spiritual for
25the first electoral period only if, at the beginning of the day of the first House
of Lords election, the person is entitled by virtue of being a bishop to receive
writs of summons to attend the House of Lords.

(3) In determining whether a person is entitled as mentioned in subsection (2),
section 427 of the Insolvency Act 1986 (no entitlement to writs of summons
30during bankruptcy etc) is to be disregarded.

(4) A person may be selected under section 20 as an ordinary Lord Spiritual for the
second electoral period only if the person is an ordinary Lord Spiritual at the
beginning of the day of the second House of Lords election.

(5) But if the number of persons eligible for selection under subsection (4) is less
35than 7, so many persons as will bring the number of ordinary Lords Spiritual
for the second election period up to 7 may be selected from among the other
bishops who do not hold a named office.

(6) Section 20(4) applies in relation to a person selected under section 20 for the
first or second electoral period as if section 20(4)(b) were omitted.

22 Ordinary Lords Spiritual: vacancies

(1) This section applies where, before the end of the expected term (“the expected
term”) of a person selected as an ordinary Lord Spiritual, the Clerk of the
Parliaments certifies that—

(a) 5the selection is void, or

(b) the person has ceased to be an ordinary Lord Spiritual.

(2) The Church of England may, before the end of the expected term, select
another person as an ordinary Lord Spiritual to replace the person mentioned
in subsection (1).

(3) 10The person selected must be a bishop who does not hold a named office.

(4) The Secretary General must notify the Clerk of the Crown of any selection, as
soon as reasonably practicable after it is made.

(5) A person selected under this section is an ordinary Lord Spiritual for the
expected term, excluding any period before the day of the selection.

(6) 15In the first and second electoral periods, subsection (2) applies only if there will
be fewer than 7 ordinary Lords Spiritual if the person is not replaced.

23 Certain cases in which a person ceases to be an ordinary Lord Spiritual

(1) A person who is an ordinary Lord Spiritual ceases to be an ordinary Lord
Spiritual if the person—

(a) 20is appointed to a named office, or

(b) ceases to hold office as a bishop.

(2) A person who is an ordinary Lord Spiritual does not cease to be an ordinary
Lord Spiritual by reason of the person becoming the bishop of a different
diocese (without being appointed to a named office).

25Part 5 Ministerial members

24 Ministerial members

(1) Persons may be appointed under this section as ministerial members of the
House of Lords.

(2) 30Appointments are to be made by Her Majesty on the recommendation of the
Prime Minister.

(3) A recommendation may be made only for the purpose of facilitating the
performance by the recommended person of that person’s functions as a
Minister of the Crown.

(4) 35An appointment may be made only at a time when there are fewer than 8
ministerial members who are Ministers of the Crown.

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

(a) 40any period before the day of the appointment, and

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

Part 6 Transitional members

25 Transitional members

5Schedule 7 makes provision about transitional members.

Part 7 Disqualification

Disqualification from membership of House of Lords

26 Disqualification from membership of House of Lords

(1) 10A person is disqualified from being a member of the House of Lords if—

(a) an insolvency order or undertaking is in force in relation to the person
(see section 30),

(b) the serious offence condition is met in relation to the person (see section
32),

(c) 15the person holds a disqualifying office (see Part 1 of Schedule 8),

(d) the person is under the age of 18 on—

(i) the day on which the person is nominated as a candidate to be
an elected member, or

(ii) the day of the appointment or selection, or

(e) 20the person has previously been an elected, appointed or ministerial
member as a result of a previous return or appointment (subject to
subsection (6) and section 33).

(2) A person holding an office specified in the first column of the table in Part 2 of
Schedule 8 is disqualified from being an elected member for any
25corresponding electoral district specified in the second column of that table.

(3) A person is disqualified from being an appointed member if the person is an
elected member.

(4) A person is disqualified from being a Lord Spiritual or transitional member if
the person is an elected or appointed member.

(5) 30A person is disqualified from being a ministerial member if the person is a
member of any other kind.

(6) For the purposes of subsection (1)(e) no account is to be taken of a person
having been an elected member as a result of only one previous return if, as a
result of that return, the person was—

(a) 35an interim replacement elected member, or

(b) a replacement elected member whose expected term began and ended
in the same electoral period.

(7) References in this Act to a person being disqualified from being a member of
the House of Lords include a person who is incapable of being a member by
40virtue of—

(a) section 3 of the Act of Settlement (nationality), which is qualified by
section 29, or

(b) section 160 or 173 of the Representation of the People Act 1983 (corrupt
or illegal electoral practices) or any corresponding provision of primary
5or secondary legislation relating to elections or referendums.

27 Effect of being disqualified on return day, day of appointment etc

(1) This section applies where—

(a) a person returned as an elected member is disqualified from being an
elected member at any time on the return day,

(b) 10a person returned as an elected member for an electoral district is
disqualified from being an elected member for that district at any time
on the return day,

(c) a person appointed as an appointed or ministerial member is
disqualified from being that kind of member at any time on the day of
15the appointment,

(d) a person who holds a named office is disqualified from being a Lord
Spiritual at the time the person becomes the holder of that named office,
or

(e) a person selected as an ordinary Lord Spiritual or transitional member
20is disqualified from being that kind of member at any time on the day
of the selection or the day on which the person would (apart from this
section) become such a member.

(2) The person does not become a member of the House of Lords of the kind in
question.

(3) 25Any return within subsection (1)(a) or (b), appointment within subsection
(1)(c) or selection within subsection (1)(e) is void.

28 Effect of becoming disqualified while a member

(1) Where a person who is a member of the House of Lords of a particular kind
becomes disqualified from being that kind of member, the person ceases to be
30a member of that kind; but this is subject to subsection (3).

(2) Where a person who is an elected member becomes disqualified from being an
elected member for the electoral district for which the person was returned, the
person ceases to be an elected member.

(3) Where a person is disqualified by virtue of—

(a) 35section 160 or 173 of the Representation of the People Act 1983 (corrupt
or illegal electoral practices), or

(b) any corresponding provision of primary or secondary legislation
relating to elections or referendums,

the person ceases to be a member when required to vacate the person’s seat in
40the House of Lords under the provision in question.

(4) For provision about the resumption of membership in certain cases, see section
43.

29 Nationality of members

(1) Despite section 3 of the Act of Settlement—

(a) a qualifying Commonwealth citizen or citizen of the Republic of
Ireland may be a member of the House of Lords, and

(b) a Commonwealth citizen may be a transitional member.

(2) “Qualifying Commonwealth citizen” means a Commonwealth citizen who—

(a) 5is not a person who requires leave under the Immigration Act 1971 to
enter or remain in the United Kingdom, or

(b) is such a person but has (or is by virtue of primary or secondary
legislation to be treated as having) indefinite leave to remain within the
meaning of that Act.

(3) 10But a person who does not require leave to enter or remain in the United
Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to
requirement for leave in special cases) is not a qualifying Commonwealth
citizen by virtue of subsection (2)(a).

30 Meaning of “insolvency order or undertaking”

(1) 15In this Act “insolvency order or undertaking” means—

(a) a bankruptcy restrictions order or undertaking (but not an interim
order) under—

(i) Schedule 4A to the Insolvency Act 1986,

(ii) section 56A or 56G of the Bankruptcy (Scotland) Act 1985, or

(iii) 20Schedule 2A to the Insolvency (Northern Ireland) Order 1989
(S.I. 1989/2405 (N.I. 19)S.I. 1989/2405 (N.I. 19)), or

(b) a debt relief restrictions order or undertaking (but not an interim order)
under Schedule 4ZB to the Insolvency Act 1986.

(2) References in this section to orders and undertakings include orders made, and
25undertakings accepted, before this section comes into force.

31 Notification of making of insolvency order etc

(1) A court or sheriff which makes an order listed in subsection (2) in relation to a
member of the House of Lords must notify the Speaker of the House of Lords.

(2) The orders are—

(a) 30a bankruptcy restrictions order or interim order under—

(i) Schedule 4A to the Insolvency Act 1986,

(ii) section 56A of the Bankruptcy (Scotland) Act 1985, or

(iii) Schedule 2A to the Insolvency (Northern Ireland) Order 1989,
or

(b) 35a debt relief restrictions order or interim debt relief restrictions order
under Schedule 4ZB to the Insolvency Act 1986.

(3) Where a person mentioned in the first column of the following table accepts an
undertaking mentioned in the second column made by a member of the House
of Lords, the person must notify the Speaker of that House.

32 Serious offence condition

(1) The serious offence condition is met in relation to a person if—

(a) the person is imprisoned or detained in pursuance of a sentence or
15order (or would be if the person were not unlawfully at large),

(b) the sentence or order is for imprisonment or detention for more than
one year or for an indefinite period, and

(c) the sentence or order was passed or made in respect of an offence for
which the person has been convicted.

(2) 20Any reference in subsection (1) to—

(a) imprisonment or detention includes imprisonment or detention
outside the United Kingdom,

(b) a sentence or order includes one passed or made by a court outside the
United Kingdom, and

(c) 25an “offence” includes any act punishable under the law of a country or
territory outside the United Kingdom (however it is described in that
law).

(3) References in subsection (1) to offences, convictions, sentences and orders
include those occurring before this section comes into force.

33 30Exception to disqualification under section 26(1)(e)

(1) This section applies if—

(a) a person is returned as an elected member or is appointed as an
appointed or ministerial member,

(b) the person has not previously been an elected, appointed or ministerial
35member as a result of a previous return or appointment,

(c) before the electoral period in which the person’s expected term ends,
the person becomes disqualified and accordingly ceases to be an
elected, appointed or ministerial member, and

(d) subsequently—

(i) 40a qualifying event occurs in relation to the disqualification in
question, or

(ii) a qualifying resolution is passed in respect of that
disqualification.

(2) For the purposes of section 26(1)(e) (disqualification because of previous
membership) no account is to be taken of the person having been an elected,
5appointed or ministerial member as mentioned in subsection (1).

(3) A “qualifying event” means, in the case of a disqualification by virtue of a
provision mentioned in the first column of the following table, an event
mentioned in the second column.

(4) In the table, the reference to the annulment of an insolvency order or
undertaking is to—

(a) a bankruptcy restrictions order within section 30(1)(a) being annulled
25on an appeal against the making of the order,

(b) a bankruptcy restrictions order or undertaking within section 30(1)(a)
being annulled under—

(i) paragraph 9(3)(a) or 10 of Schedule 4A to the Insolvency Act
1986,

(ii) 30section 56E(3)(a), 56G(5)(a) or 56J of the Bankruptcy (Scotland)
Act 1985, or

(iii) paragraph 9(3)(a) or 10 of Schedule 2A to the Insolvency
(Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)S.I. 1989/2405 (N.I. 19)),

(c) a debt relief restrictions order within section 30(1)(b) being annulled on
35an appeal against the making of the order,

(d) a debt relief restrictions order or undertaking within section 30(1)(b)
being annulled by a direction under paragraph 10 of Schedule 4ZB to
the Insolvency Act 1986, or

(e) a debt relief restrictions undertaking within section 30(1)(b) being
40annulled under paragraph 9(3)(a) of Schedule 4ZB to that Act.

(5) A “qualifying resolution” is a resolution under section 34 or 35 (relief from
disqualification etc) in relation to which section 34(5) or 35(6) applies
(resolution passed after vacancy certified).

(6) In this section “corresponding provision” means a corresponding provision of
primary or secondary legislation relating to elections or referendums.

Relief from disqualification etc

34 Relief from disqualification: age, disqualifying office or nationality

(1) 5The House of Lords may resolve that any disqualification incurred by a person
on a ground within any of the following provisions is to be disregarded—

(a) section 26(1)(c) or (d) or (2) (disqualifying office or age);

(b) section 3 of the Act of Settlement (nationality) as qualified by section 29.

(2) It may do so only if it appears to the House of Lords—

(a) 10that on the day on which it is passed—

(i) in the case of the ground within section 26(1)(d) (age), the
person is aged 18 or over, or

(ii) in any other case, the ground no longer applies (or does not
apply), and

(b) 15that it is proper to disregard any disqualification so incurred.

(3) The effect of a resolution is, except where subsection (5) applies, that the
disqualification is treated as never having been incurred.

(4) For the effect of resolutions in respect of certain elected or appointed members
in cases where subsection (5) applies, see section 33.

(5) 20This subsection applies where a resolution is passed in respect of an elected or
appointed member or an ordinary Lord Spiritual after a certificate relating to
the person in question has been issued under—

(a) section 8(1) (elected members: vacancies),

(b) section 14(1) (appointed members: vacancies), or

(c) 25section 22(1) (ordinary Lords Spiritual: vacancies).

(6) A resolution does not—

(a) affect any proceedings on an election petition, or

(b) enable the House of Lords to disregard any disqualification which has
been established in such proceedings.

(7) 30“Election petition” means—

(a) an election petition presented in pursuance of Part 3 of the
Representation of the People Act 1983 as applied by or incorporated in
an order under section 7 or under paragraph 11 of Schedule 4 (powers
to make provision about elections or the return of interim replacement
35elected members), or

(b) any procedure under such an order which is similar to such a petition.

35 Relief from disqualification: serious offence condition

(1) The House of Lords may resolve that any disqualification incurred by a person
under section 26(1)(b) (serious offence condition) by virtue of a sentence or
40order given or made outside the United Kingdom is to be disregarded.

(2) It may do so only if it appears to the House of Lords that it is proper to
disregard any disqualification so incurred.

(3) The effect of a resolution is, except where subsection (6) applies, that the
disqualification is treated as never having been incurred.

(4) Where that subsection applies, in relation to any time after the passing of the
resolution the person is treated as not disqualified by virtue of the sentence or
5order.

(5) For the further effect of resolutions in respect of certain elected or appointed
members in cases where subsection (6) applies, see section 33.

(6) This subsection applies where a resolution is passed in respect of an elected or
appointed member or an ordinary Lord Spiritual after a certificate relating to
10the person in question has been issued under—

(a) section 8(1) (elected members: vacancies),

(b) section 14(1) (appointed members: vacancies), or

(c) section 22(1) (ordinary Lords Spiritual: vacancies).

(7) A resolution does not—

(a) 15affect any proceedings on an election petition, or

(b) enable the House of Lords to disregard any disqualification which has
been established in such proceedings.

(8) “Election petition” has the same meaning as in section 34.

Disputes

36 20Jurisdiction of Privy Council as to disqualification

(1) A person may apply to Her Majesty in Council for—

(a) a declaration that a person purporting to be a member of the House of
Lords of a particular kind is, or has at any relevant time been,
disqualified from being a member of that kind by virtue of—

(i) 25section 26(1)(c) or (d) of this Act, or

(ii) section 3 of the Act of Settlement as qualified by section 29 of
this Act, or

(b) a declaration that a person purporting to be an elected member for an
electoral district is, or has at any relevant time been, disqualified under
30section 26(2) from being an elected member for that district.

(2) “Relevant time” means—

(a) any time on or after the return day,

(b) any time on or after the day of the appointment,

(c) any time on or after the time the person becomes the holder of a named
35office, or

(d) any time on the day of selection as an ordinary Lord Spiritual or
transitional member or any time on or after the day the person becomes
(or purportedly becomes) that kind of member.

(3) An application under this section must be made in accordance with such rules
40as Her Majesty may by Order in Council prescribe.

(4) Section 3 of the Judicial Committee Act 1833 (reference to the Judicial
Committee of the Privy Council of appeals to Her Majesty in Council) applies
to an application under this section as it applies to an appeal to Her Majesty in
Council from a court.