(b) may provide that, in preparing the report, IPSA must consider
specified proposals or other specified matters;

(c) may provide that, in preparing the report, IPSA must not consider
specified proposals or other specified matters;

(d) 5may require IPSA to consult specified persons or bodies in connection
with the preparation of the report.

“Specified” means specified in the order.

48 Tax status of members

(1) A person who is a member of the House of Lords for any part of a tax year is to be treated
10for the purposes of income tax, capital gains tax and inheritance tax as resident,
ordinarily resident and domiciled in the United Kingdom for the whole of that tax year.

(2) For the purposes of this section a person is to be treated as becoming a member
of the House of Lords when (having received a writ of summons to attend the
House of Lords) the person makes and subscribes the oath required by the
15Parliamentary Oaths Act 1866 (or the corresponding affirmation).

(3) For the purposes of this section a person is to be treated as ceasing to be a
member of the House of Lords—

(a) when the Parliament to which the writ relates is dissolved, or

(b) (if earlier) when the person ceases to be a member of the House of
20Lords.

(4) In relation to a transitional member, in subsection (1) the reference to any part
of a tax year excludes any part of the year during which the member is
disqualified from sitting or voting in the House of Lords under section 38
(holders of certain judicial offices).

(5) 25This section applies in relation to—

(a) the tax year in which the first meeting of the House of Lords in the first
electoral period takes place, and

(b) subsequent tax years.

(6) “Tax year”, in relation to inheritance tax, means a year beginning on 6 April
30and ending on the following 5 April.

Part 9 Miscellaneous and General

Parliamentary privilege

49 Parliamentary privilege

35Nothing in this Act—

(a) affects the application of any enactment or rule of law preventing the
freedom of speech and debates or proceedings in Parliament being
impeached or questioned in any court or place out of Parliament, or

(b) otherwise affects the scope of the exclusive cognisance of Parliament.

Peerages

50 Peers not disqualified from voting or from membership

(1) A person who holds a peerage is not by virtue of that peerage disqualified from
voting at elections to either House of Parliament.

(2) 5A person who holds a peerage is not by virtue of that peerage disqualified from
membership of either House of Parliament.

51 Power to disclaim life peerage

(1) A person who holds a life peerage may at any time disclaim that peerage by
notifying the Lord Chancellor.

(2) 10The notice of disclaimer must be signed by the person and two witnesses.

(3) On receipt of the notice, the Lord Chancellor 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.

(4) 15The disclaimer takes effect on signature of the certificate.

(5) The disclaimer divests the person (and any spouse or children of the person) of
all right to or interest in the peerage and all titles, rights, offices, privileges and
precedence attaching to it.

(6) The Lord Chancellor must—

(a) 20keep a register containing the particulars of any disclaimer of a peerage
under this section, and

(b) make arrangements under which the public may inspect the register.

(7) In this section “life peerage” means a peerage under the Life Peerages Act 1958
or the Appellate Jurisdiction Act 1876.

52 25Peerage claims

(1) Any peerage claim is to be made to Her Majesty in Council.

(2) A claim under this section must be made in accordance with such rules as Her
Majesty may by Order in Council prescribe.

(3) Section 3 of the Judicial Committee Act 1833 (reference to the Judicial
30Committee of the Privy Council of appeals to Her Majesty in Council) applies
to a claim under this section as it applies to an appeal to Her Majesty in Council
from a court.

(4) The Judicial Committee may require an applicant to give such security for the
costs of the proceedings as the Judicial Committee may direct.

(5) 35The jurisdiction of the House of Lords in relation to peerage claims is
abolished.

(6) “Peerage claim” includes a claim to a peerage in abeyance.

General

53 Consequential, transitory and transitional provision and savings

(1) Schedule 10 contains minor and consequential amendments (including the
repeal of provisions which are spent or obsolete).

(2) 5The Minister may by order make such provision modifying any provision of
primary or secondary legislation as the Minister considers necessary or
expedient—

(a) in consequence of any provision made by virtue of section 7 (power to
make provision about elections),

(b) 10in consequence of the amendment made by paragraph 1(2) of Schedule
10 (amendment to the definition of “parliamentary election” in the
Interpretation Act 1978), or

(c) in consequence of any other provision made by or under this Act.

(3) Where the provision mentioned in subsection (2)(a) is made by virtue of section
157(3)(d) (power to modify Part 7), the reference in subsection (2) to primary
legislation includes this Act.

(4) An order under subsection (2)(b) may not modify any provision of primary or
secondary legislation passed or made after the Session in which this Act is
passed.

(5) 20Schedule 10 is subject to provision made by virtue of—

(a) subsection (2)(a) or (b), or

(b) section 7.

(6) Schedule 11 makes transitional and transitory provision and savings.

(7) The Minister may by order make such other transitional and transitory
25provision and savings as the Minister considers necessary or expedient in
connection with the commencement of any provision made by this Act.

54 Orders and directions

(1) Orders made by a Minister of the Crown under this Act are to be made by
statutory instrument.

(2) 30A statutory instrument containing an order under any of the following
provisions may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament—

(a) section 7 (power to make provision about elections);

(b) section 17(7) (power to amend the matters the Appointments
35Commission must take into account);

(c) section 53(2) (power to make consequential provision);

(d) paragraph 11 of Schedule 4 (power to make provision about the return
of interim replacement elected members);

(e) paragraph 16 of Schedule 9 (power to transfer staff etc to IPSA).

(3) 40Any other statutory instrument made under this Act, except one containing
only an order made under a provision listed in subsection (4), is subject to
annulment in pursuance of a resolution of either House of Parliament.

(4) Those provisions are—

(a) section 59 (commencement);

(b) paragraph 4 of Schedule 2 (implementation of Electoral Commission’s
recommendation);

(c) paragraph 9 of Schedule 8 (power to amend disqualifying offices).

(5) 5Orders made by a Minister of the Crown under this Act (except one under
section 59) and Orders in Council under this Act may—

(a) make different provision for different cases, purposes or areas;

(b) make provision which applies generally or subject to specified
exemptions or exceptions or only in relation to specified cases;

(c) 10make supplementary, incidental, consequential, transitional, transitory
or saving provision.

(6) Section 26 of the Welsh Language Act 1993 (power to prescribe Welsh version)
applies in relation to an order under section 7 or under paragraph 11 of
Schedule 4 as it applies in relation to Acts of Parliament.

(7) 15A direction under a provision of this Act may be varied or revoked by a further
direction under that provision.

(8) This section does not apply to an order made under section 47 (power to
require IPSA to consider pension scheme).

55 Meaning of the “expected term” of a member

(1) 20In this Act the “expected term” of a member of a description in the first column
of the following table is the term for which the person would be a member if
the person were a member for the term provided for by the provision specified
in the second column of that table.

(2) Where—

(a) a person is returned as an elected member, appointed as an appointed
35or ministerial member, or selected as an ordinary Lord Spiritual, but

(b) the return, appointment or selection is void,

the person’s expected term is to be determined as if it were not void.

56 Interpretation

(1) In this Act—

• “appointed member” means an ordinary appointed member or
  replacement appointed member;

• 5“the Appointments Commission” has the meaning given by section 11(1);

• “bishop” means the bishop of a diocese of the Church of England that is
  wholly or partly in England;

• “Clerk of the Crown” means Clerk of the Crown in Chancery;

• “dissolution period” means a period—

  (a)

  10beginning immediately after the day of dissolution of the last
  (or only) Parliament of an electoral period, and

  (b)

  ending at the end of that electoral period;

• “elected member” means an ordinary elected member, interim
  replacement elected member or replacement elected member;

• 15“electoral period” has the meaning given by section 1(5);

• the “expected term” of a member has the meaning given by section 55;

• “insolvency order or undertaking” has the meaning given by section 30;

• “IPSA” means the Independent Parliamentary Standards Authority;

• “Lord Spiritual” means a named Lord Spiritual or ordinary Lord Spiritual;

• 20“the Minister” means the Lord President of the Council or the Secretary of
  State;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• “modify” includes amend, repeal or revoke (and related terms are to be
  25read accordingly);

• “named Lord Spiritual” has the meaning given by section 19(3);

• “named office” has the meaning given by section 19(2);

• “Nolan principles” means the seven general principles of public life set
  out in the First Report of the Committee on Standards in Public Life
  30(Cm 2850);

• “peerage” means—

  (a)

  a hereditary peerage (including the principality of Wales and
  the earldom of Chester),

  (b)

  a peerage under section 1 of the Life Peerages Act 1958, or

  (c)

  35the dignity conferred by virtue of appointment as a Lord of
  Appeal in Ordinary,

  and “peer” is to be read accordingly;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  40an Act of the Scottish Parliament,

  (c)

  an Act or Measure of the National Assembly for Wales, or

  (d)

  Northern Ireland legislation;

  and, subject to any express provision to the contrary, includes such
  Acts, Measures or legislation whenever passed or made;

• 45“registered party” means a party registered under Part 2 of the Political
  Parties, Elections and Referendums Act 2000;

• “the return day”, in relation to an elected member of any kind, means the
  day the person was declared to be returned as that kind of elected
  member;

House of Lords Reform BillPage 35

• “secondary legislation” means an instrument made under primary
  legislation; and, subject to any express provision to the contrary,
  includes an instrument whenever made;

• “Secretary General” has the meaning given by section 19(5);

• 5“the Speakers’ Committee” has the meaning given by section 12(1).

(2) Any reference in this Act to the “day” of a House of Lords election is to be read
in accordance with section 3(5).

(3) A requirement or power under this Act to notify is a requirement or power to
give notice in writing.

(4) 10Any provision of this Act as to the term for which a person is a member of the
House of Lords of a particular kind is subject to the person ceasing to be a
member of the House of Lords before the end of that term by virtue of any
provision made by or under this Act or other primary legislation.

57 Financial provisions

15There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable under any other Act
out of money so provided.

58 Extent

(1) 20This Act extends to England and Wales, Scotland and Northern Ireland.

(2) But an amendment, repeal or revocation by this Act has the same extent as the
provision to which it relates.

59 Commencement

(1) Sections 54 to 60 come into force on the day on which this Act is passed.

(2) 25The other provisions of this Act come into force on such day as the Minister
may by order appoint.

(3) Different days may be appointed for different purposes.

60 Short title

This Act may be cited as the House of Lords Reform Act 2012.

SCHEDULES

Section 4

SCHEDULE 1 Electoral districts

1 The electoral districts for House of Lords elections are—

(a) 5the districts listed in the first column of the following table, which
comprise the areas specified in the second column,

(b) Scotland,

(c) Wales, and

(d) Northern Ireland.

2 10In the second column of the table, a reference to an area is—

(a) except in the case of Greater London and the Isles of Scilly, a
reference to the county of that name, and

(b) a reference to the area as it is for the time being.

3 A change in a specified area has effect only in relation to elections occurring
15after that change.

Section 4

SCHEDULE 2 35Allocation of ordinary elected members

Initial allocation of ordinary elected members for House of Lords elections

1 The number of ordinary elected members that are to be returned for each
electoral district at a House of Lords election is set out in the following
table—

Review of allocation of ordinary elected members after every third House of Lords election

2 (1) In each review period, the Electoral Commission must—

(a) 15carry out a review of the number of ordinary elected members that
are to be returned for each electoral district at a House of Lords
election, and

(b) send a report of its conclusions to the Minister.

(2) “Review period” means the period of 12 months which begins with the day
20after the day of every third House of Lords election.

(3) In carrying out a review, the Commission must consider whether the
arrangements then in place achieve the same result as the allocation method
set out in paragraph 3.

(4) If those arrangements do not achieve the same result as that method, the
25Commission must include in its report a recommendation specifying the
number of ordinary elected members that should be returned for each
electoral district at a House of Lords election in order to achieve the result
produced by that method.

(5) The report must be published by the Commission and laid before Parliament
30by the Minister.

3 (1) The allocation method referred to in paragraph 2(3) is as follows.

(2) The number of ordinary elected members to be allocated between the
electoral districts is 120.

(3) Three ordinary elected members are to be allocated to each electoral district.