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House of Lords Reform BillPage 20

(5) The person in respect of whom the application is made is to be the respondent.

(6) Where an application is made under this section, the applicant must give such
security for the costs of the proceedings as the Judicial Committee may direct.

(7) The amount of the security may not exceed £5,000.

(8) 5The Minister may by order substitute a different amount for the amount for the
time being specified in subsection (7).

(9) No declaration is to be made under this section in respect of a person in relation
to a ground if—

(a) in the case of an elected member, the ground subsisted at any time on
10the return day and an election petition is pending or has been tried in
which the person’s disqualification on that ground is or was an issue, or

(b) a resolution of the House of Lords under section 34 requires that any
disqualification incurred by the person on that ground is to be treated
as never having been incurred.

(10) 15“Election petition” has the same meaning as in section 34.

37 Power to direct an appropriate court to try issues of fact

(1) For the purpose of determining any issue of fact arising on an application
under section 36, the Judicial Committee may direct the issue to be tried in the
appropriate court.

(2) 20Where the application is in respect of a person purporting to be an elected
member for an electoral district, “the appropriate court” is, according to where
the electoral district is situated—

(a) the High Court in England and Wales,

(b) the Court of Session, or

(c) 25the High Court in Northern Ireland.

(3) In the case of any other application, “the appropriate court” is such of the
courts mentioned in subsection (2) as the Judicial Committee considers
appropriate.

(4) Where a direction is given under subsection (1), the decision of the appropriate
30court is final.

Disqualification from sitting or voting

38 Holders of certain judicial offices disqualified from sitting or voting

(1) A transitional member within paragraph 3 of Schedule 8 (holders of
disqualifying judicial offices) is disqualified from sitting or voting in the House
35of Lords or a committee of the House of Lords.

(2) Subsection (1) does not affect any entitlement of the transitional member to
receive a writ of summons to attend the House of Lords, but any such writ is
subject to that subsection.

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Restrictions on membership of the House of Commons

39 Members of the House of Lords disqualified from being MPs

In section 1(1) of the House of Commons Disqualification Act 1975
(disqualification for membership of the House of Commons) for paragraph
5(za) substitute—

(za) is a member of the House of Lords;.

40 Bar on standing for election to both Houses at the same time

(1) A person may not be both—

(a) a candidate at a House of Lords election to be an elected member for an
10electoral district, and

(b) a candidate at the relevant House of Commons general election to be
the Member of Parliament for a parliamentary constituency.

(2) The relevant House of Commons general election is the House of Commons
general election the polling day for which is the same as the day of the House
15of Lords election.

(3) Amend the Representation of the People Act 1983 as follows.

(4) In section 65A(1A) (making false statements in candidate’s consent to
nomination a corrupt practice)—

(a) omit the “or” after paragraph (b), and

(b) 20after paragraph (c) insert “, or

(d) a statement that he is not a candidate at a House of Lords
election the day of the poll for which is to be the same as the day
of the poll for the election to which the consent relates.

(5) In paragraph 8(3) of Schedule 1 (declarations to be made by candidate on
25consenting to nomination for election) after paragraph (c) insert—

(d) shall state that he is not a candidate at a House of Lords
election the day of the poll for which is to be the same as the
day of the poll for the election to which the consent relates.

41 Restriction on former members being elected as MPs

(1) 30A former member of the House of Lords is disqualified from being elected to
the House of Commons at an election if the day of the poll is in the
disqualification period.

(2) The disqualification period is the period of 4 years and 1 month beginning with
the day on which the person ceased (or last ceased) to be a member of the
35House of Lords.

(3) This section does not apply in relation to membership of the House of Lords as
a Lord Spiritual.

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Part 8 General provision about membership

Writs of summons

42 Writs of summons

(1) 5A person who is a member of the House of Lords is entitled to receive a writ of
summons to attend the House of Lords in relation to each Parliament which
meets while the person is a member.

(2) This is subject to any provision made by or under this Act or other primary
legislation.

(3) 10No person is entitled to receive a writ of summons otherwise than under
subsection (1).

(4) A writ of summons issued to any of the following has no effect—

(a) a person whose return as an elected member is void;

(b) a person whose appointment as an appointed or ministerial member is
15void;

(c) a person whose selection as an ordinary Lord Spiritual or transitional
member is void;

(d) a named Lord Spiritual within section 27(1)(d) (disqualified when
becomes the holder of a named office).

(5) 20Where a person ceases to be a member of a particular kind, any writ of
summons issued to the person by virtue of being that kind of member has no
further effect.

Certification of vacancies etc

43 Certification of vacancies etc

(1) 25In this section “certificate” means a certificate under—

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

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

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

(2) The issue by the Clerk of the Parliaments of a certificate is to be in accordance
30with standing orders of the House of Lords.

(3) The standing orders may provide that, in specified cases, where at any time the
Clerk of the Parliaments becomes aware of matters which, in the opinion of the
Clerk, justify the issuing of a certificate, a certificate may not be issued until
after the end of such period beginning with that time as the standing orders
35provide.

(4) As soon as reasonably practicable after issuing a certificate, the Clerk of the
Parliaments must give a copy of the certificate to the Clerk of the Crown.

(5) As soon as reasonably practicable after receiving a certificate, the Clerk of the
Crown must give a copy of it to—

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(a) in the case of a certificate under section 8(1), the returning officer for the
electoral district in question;

(b) in the case of a certificate under section 14(1), the Appointments
Commission;

(c) 5in the case of a certificate under section 22(1), the Secretary General.

(6) A disqualified person who has ceased to be a member of the House of Lords
under section 28 (effect of becoming disqualified while a member) may resume
membership if a qualifying event occurs in respect of the disqualification.

(7) But subsection (6)

(a) 10does not entitle a person to resume membership after the Clerk of the
Parliaments has issued a certificate relating to the person, and

(b) does not affect section 173(6) of the Representation of the People Act
1983 or any corresponding provision.

(8) “Qualifying event” and “corresponding provision” have the same meanings as
15in section 33.

Expulsion, suspension and resignation

44 Expulsion and suspension

(1) Standing orders of the House of Lords may make provision under which the
House of Lords may by resolution—

(a) 20expel a member of the House of Lords, or

(b) suspend a member of the House of Lords for the period specified in the
resolution.

(2) A person expelled by virtue of this section ceases to be a member.

(3) A person suspended by virtue of this section remains a member during the
25period of suspension, but during that period the person—

(a) is not entitled to receive writs of summons to attend the House of
Lords, and

(b) despite any writ of summons previously issued to the person, is
disqualified from sitting or voting in the House of Lords or a committee
30of the House of Lords.

(4) A resolution passed by virtue of subsection (1) must state that, in the opinion
of the House of Lords, the conduct giving rise to the resolution—

(a) occurred after the relevant time, or

(b) occurred before the relevant time and was not public knowledge before
35that time.

(5) “The relevant time” means—

(a) in the case of an elected member, the beginning of the polling day for
the election at which the person was returned;

(b) in the case of an appointed or ministerial member, the beginning of the
40day of the appointment;

(c) in the case of a named Lord Spiritual, the time at which the person
became the holder of the named office in question;

(d) in the case of an ordinary Lord Spiritual or a transitional member, the
beginning of the day of the selection.

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45 Resignation

(1) A person who is a member of the House of Lords other than a named Lord
Spiritual may at any time resign from being a member by notifying the Clerk
of the Parliaments.

(2) 5The notice of resignation must be signed by the person and two witnesses.

(3) On receipt of the notice, the Clerk of the Parliaments must do the following as
soon as reasonably practicable—

(a) sign a certificate of receipt, and

(b) send a copy of the certificate to the person and the Clerk of the Crown.

(4) 10The person ceases to be a member of the House of Lords on signature of the
certificate.

Pay, allowances etc

46 Pay and allowances

(1) In the Parliamentary Standards Act 2009, after section 7 insert—

Pay and allowances for members of the House of Lords

7A 15Pay of members of the House of Lords

(1) Elected, appointed and ministerial members of the House of Lords are to be
paid.

(2) Pay is payable by the IPSA, on a monthly basis in arrears.

(3) The IPSA must make a determination as to the level of pay under this
20section. For more about determinations, see sections 7B and 7C.

(4) The amount of a member’s pay for a month is the amount calculated in
accordance with that determination in respect of the member for that
month.

(5) In a Parliament, no payment is to be made to a member before the
25member has made and subscribed the oath required by the
Parliamentary Oaths Act 1866 (or the corresponding affirmation).

(6) The IPSA’s duty to pay a member is subject to anything done in relation
to the member in the exercise of the disciplinary powers of the House
of Lords.

(7) 30A person who is being paid a salary under the Ministerial and other
Salaries Act 1975 is not entitled to pay under this section.

7B Determination of pay of members of the House of Lords

(1) This section is about determinations under section 7A(3).

(2) A determination must ensure that there is a relationship between—

(a) 35the amount of a member’s pay for a month, and

(b) the participation of the member in the work of the House of
Lords in that month.

(3) A determination may—

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(a) make provision about what counts as participation in that work
for these purposes,

(b) make different such provision for different cases, and

(c) make provision about the way in which the participation of
5members is to be ascertained.

(4) A determination must ensure that the amount of a member’s pay in any
12 month period does not exceed the amount of an MP’s salary for that
period.

This limit does not apply where the member receives higher pay in that
10period by virtue of subsection (6).

(5) For the purposes of subsection (4) an MP’s salary for a period is the
amount payable under section 4 in respect of that period to a member
of the House of Commons who does not fall within section 4A(2).

(6) A determination may provide for higher pay for members who hold an
15office or position specified for the purposes of this subsection in a
resolution of the House of Lords.

(7) A determination made by virtue of subsection (6) may make different
provision for different offices, positions or other cases (and may
include exceptions).

(8) 20A determination may include a formula or other mechanism for
adjusting pay from time to time.

(9) A determination may have retrospective effect.

7C Determination of pay: duty to review and procedure

(1) This section is about determinations under section 7A(3).

(2) 25The IPSA must review the current determination (and make a new
determination as appropriate)—

(a) in the first year after each House of Lords election (other than
the first House of Lords election);

(b) at any other time it considers appropriate.

(3) 30In reviewing a determination (and before making the first
determination) the IPSA must consult—

(a) the Review Body on Senior Salaries,

(b) persons appearing to the IPSA to represent persons likely to be
affected by the determination or the review,

(c) 35the Minister for the Civil Service,

(d) the Treasury, and

(e) any other person the IPSA considers appropriate.

(4) After making a determination, the IPSA must publish in a way it
considers appropriate—

(a) 40the determination, and

(b) a statement of how it arrived at the determination.

(5) If the IPSA reviews the current determination but decides not to make
a new determination, it must publish in a way it considers appropriate
a statement of how it arrived at that decision.

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(6) The IPSA may delegate to the Review Body on Senior Salaries its
function of reviewing a determination (but not its function of deciding
whether or not to make a new determination).

7D House of Lords allowances scheme

(1) 5Allowances are to be paid by the IPSA, in accordance with the House of Lords
allowances scheme, to the following kinds of members of the House of Lords—

(a) elected members,

(b) appointed members,

(c) Lords Spiritual, and

(d) 10ministerial members.

(2) In this Act “the House of Lords allowances scheme” means the scheme
prepared under this section as it is in effect for the time being.

(3) The IPSA must—

(a) prepare the scheme;

(b) 15review the scheme regularly and revise it as appropriate.

(4) In preparing or revising the scheme, the IPSA must consult—

(a) the Speaker of the House of Lords,

(b) the Committee on Standards in Public Life,

(c) the Leader of the House of Lords,

(d) 20any committee of the House of Lords nominated by the Speaker
of the House of Lords,

(e) members of the House of Lords,

(f) the Review Body on Senior Salaries,

(g) Her Majesty’s Revenue and Customs,

(h) 25the Treasury, and

(i) any other person the IPSA considers appropriate.

(5) The Speaker of the House of Lords must lay the scheme (or revision)
before the House of Lords.

(6) The IPSA must publish in a way it considers appropriate—

(a) 30the scheme (or revision), and

(b) a statement of its reasons for adopting that scheme (or making
that revision).

(7) The scheme (or revision) comes into effect on the day specified in the
scheme (or revision).

(8) 35The scheme may, for example—

(a) provide for allowances to be payable in respect of specified
kinds of expenditure or in specified circumstances;

(b) provide for allowances to be payable only on specified
conditions (such as a condition that claims for allowances must
40be supported by documentary evidence);

(c) impose limits on the amounts that may be paid.

(9) The scheme may not provide for an allowance to be payable to an
elected member in respect of expenditure incurred in connection with
maintaining an office in the electoral district for which the member was
45returned.

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(10) The scheme may provide for allowances to be payable in connection
with a person’s ceasing to be a member of the House of Lords; and in
relation to any such allowances, references in this Act to a member of
the House of Lords include a former member of the House of Lords.

(11) 5Any duty of the IPSA to pay an allowance to a member is subject to
anything done in relation to the member in the exercise of the
disciplinary powers of the House of Lords.

7E Dealing with claims under the scheme

(1) No allowance is to be paid to a member of the House of Lords under the
10House of Lords allowances scheme unless a claim for the allowance has
been made to the IPSA.

(2) The claim must be made by the member (except where the scheme
provides otherwise).

(3) On receipt of a claim, the IPSA must—

(a) 15determine whether to allow or refuse the claim, and

(b) if it is allowed, determine how much of the amount claimed is
to be allowed and pay it accordingly.

(4) The House of Lords allowances scheme may include—

(a) further provision about how claims are to be dealt with;

(b) 20provision for deducting repayable amounts from allowances
payable under the scheme or pay under section 7A;

(c)
provision about how such deductions, and deductions under
paragraph 5 or 12 of Schedule 4, are to be made.

(5) A “repayable amount” is an amount which a member (under section
259(8) or otherwise) has agreed to repay, in respect of an amount paid to
the member under the House of Lords allowances scheme that should
not have been allowed.

(6) The scheme may provide for an allowance to which a member is
entitled under the scheme to be paid to another person at the member’s
30direction; and references in this Act to the payment of an allowance to
a member are to be read accordingly.

(7) The IPSA must publish such information as it considers appropriate in
respect of—

(a) each claim made under or by virtue of this section, and

(b) 35each payment of an allowance by the IPSA under or by virtue of
this section.

(8) The IPSA must publish the information at times it considers
appropriate and in a way it considers appropriate.

(9) The IPSA must determine procedures to be followed by the IPSA in
40relation to publication of the information, and in doing so must
consult—

(a) the Speaker of the House of Lords,

(b) the Leader of the House of Lords,

(c) the House of Lords Committee for Privileges and Conduct,

(d) 45the Compliance Officer, and

(e) any other person the IPSA considers appropriate.

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7F Review of determination under section 7E

(1) This section applies if—

(a) the IPSA determines under section 7E(3) that a claim is to be
refused or that only part of the amount claimed is to be allowed,
5and

(b) the member (after asking the IPSA to reconsider the
determination and giving it a reasonable opportunity to do so)
asks the Compliance Officer to review the determination (or
any altered determination resulting from the IPSA’s
10reconsideration).

(2) The Compliance Officer must—

(a) consider whether the determination (or the altered
determination) is the determination that should have been
made, and

(b) 15in light of that consideration, decide whether or not to confirm
or alter it.

(3) The Compliance Officer must give the IPSA a statement of any decision
under subsection (2)(b), and may include a statement of the
Compliance Officer’s findings about the way in which the IPSA has
20dealt with the claim.

(4) The IPSA must make any payments or adjustments necessary to give
effect to the Compliance Officer’s decision; but it must not do so until—

(a) it is no longer possible for there to be a relevant appeal, and

(b) all relevant appeals have been withdrawn or determined.

(5) 25A relevant appeal is—

(a) an appeal under subsection (6) brought before the end of the
period mentioned in subsection (7), or

(b) a further appeal in relation to the Compliance Officer’s decision
which—

(i) 30is brought before the end of the usual period for
bringing such an appeal, and

(ii) is an appeal against the determination of an appeal
which was itself a relevant appeal.

(6) The member may appeal to the First-tier Tribunal against a decision of
35the Compliance Officer under subsection (2)(b).

(7) The appeal must be brought before the end of the period of 28 days
beginning with the day on which notice of the decision is sent to the
member (unless the Tribunal directs that it may be brought after the
end of that period).

(8) 40The appeal is by way of a rehearing.

(9) On an appeal under subsection (6) the Tribunal may—

(a) allow the appeal in whole or in part, or

(b) dismiss the appeal.

(10) If the Tribunal allows the appeal (in whole or in part) it may—

(a) 45order the IPSA to make any payments or adjustments necessary
to give effect to that decision;

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(b) make any other order it thinks fit.

(11) If the Tribunal dismisses the appeal it may make any other order it
thinks fit.

(12) The Compliance Officer must notify the IPSA of the Tribunal’s decision
5(and the result of any further appeal).

7G Information and guidance for members of the House of Lords

(1) The IPSA must—

(a) prepare guidance for members of the House of Lords about—

(i) pay under section 7A (including what counts as
10participation in the work of the House for those
purposes), and

(ii) making claims under the House of Lords allowances
scheme;

(b) review the guidance regularly and revise it as appropriate;

(c) 15publish the guidance in a way the IPSA considers appropriate;

(d) provide to any member on request such further advice about
pay or making claims as the IPSA considers appropriate.

(2) The IPSA must provide to members of the House of Lords—

(a) details of any general information or guidance about taxation
20issues published by HMRC that it considers they should be
aware of, and

(b) any other general information or guidance about taxation issues
that it considers appropriate (consulting HMRC for this
purpose as it considers appropriate).

(3) 25“Taxation issues” means—

(a) issues about the taxation of pay under section 7A and
allowances payable under the House of Lords allowances
scheme, and

(b) any other issues about taxation arising in connection with that
30pay or those allowances.

(4) HMRC” means Her Majesty’s Revenue and Customs.

(2) Schedule 9 makes further amendments to the Parliamentary Standards Act
2009, and related provision.

47 Power to require IPSA to consider pension scheme

(1) 35Where this section applies, IPSA must prepare and publish a report on whether
there should be a House of Lords pension scheme.

(2)
This section applies if an order has been made by the Minister under this
section and, before it is made, a draft of the order has been laid before
Parliament and approved by a resolution of each House.

(3) 40“House of Lords pension scheme” means a scheme which provides for the
payment of pensions or other benefits to or in respect of persons with service
as elected, appointed or ministerial members.

(4) An order under this section—

(a) must require the report to be completed by a specified date;

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