(4) Each subsequent ordinary elected member is to be allocated, in turn, to the
electoral district for which the following formula gives the largest number—

(5) Where the number given by sub-paragraph (4) is the same for two or more
electoral districts, the ordinary elected member is to be allocated to the
10electoral district for which E is smaller or smallest.

Implementation of Electoral Commission’s recommendation

4 (1) This paragraph applies where a recommendation is made under paragraph
2(4).

(2) As soon as may be after the publication of the report, the Minister must—

(a) 15consult the Electoral Commission, and

(b) having done so, lay before Parliament a draft of an order giving effect
to the recommendation by amending any of the numbers specified in
the table in paragraph 1.

(3) Where—

(a) 20the Commission has made a recommendation under paragraph 2(4)
(but no draft under sub-paragraph (2) has been laid in relation to the
recommendation),

(b) the Commission notifies the Minister that the recommendation is to
have effect with specified modifications, and

(c) 25the Commission submits to the Minister a statement of the reasons
for those modifications,

the draft under sub-paragraph (2) is to give effect to the recommendation
with those modifications.

(4) If the draft under sub-paragraph (2) is approved by a resolution of each
30House, the Minister must make an order in the terms of the draft.

(5) For the purposes of sub-paragraph (4) an order is made in the terms of a
draft order if it contains no material changes to the provisions of the draft
order.

(6) Where an order under this paragraph makes consequential, transitional or
35saving provision by virtue of section 54(5), that provision may modify this
Act or secondary legislation made under it.

Meaning of “electors” in a district

5 (1) This paragraph applies for the purposes of paragraph 3.

(2) A person is an “elector” in an electoral district if—

(a) 40the person’s name appears on the relevant day in the register of
parliamentary electors for a constituency which is wholly or partly
comprised in the electoral district, and

(b) the person has a qualifying address.

(3) 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 on the relevant day is
within the electoral district, or

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

(4) “Relevant day” means the most recent 1 December before the beginning of
the review period in question.

Section 5

10SCHEDULE 3 Voting system in Great Britain

Introduction

1 This Schedule contains provision about the system of election at a House of
Lords election, in electoral districts in Great Britain.

15Party lists

2 (1) A single registered party that has been nominated for an election in an
electoral district may, in accordance with provision made under section 7,
submit a list of candidates standing for election in that district in the name
of the party (a “party list”).

(2) 20At a House of Lords election, a person may not be on more than one party
list.

How vote may be cast

3 (1) A vote may be cast for—

(a) a party which has submitted a party list for the election in the
25electoral district in question,

(b) a candidate on such a list (a “party candidate”), or

(c) a candidate who is not on such a list (an “independent candidate”).

(2) A vote for a party candidate is treated for the purposes of paragraph 4 as a
vote for the candidate’s party.

30Allocation of seats to parties or independent candidates

4 (1) The allocation of seats in an electoral district to parties and independent
candidates is to be undertaken in the following way.

(2) The first seat is to be allocated to the party or the independent candidate
with the largest number of votes.

(3) 35The second and subsequent seats are to be allocated in the same way, except
that the number of votes given for a party to which one or more seats have
already been allocated is to be divided by the number of seats already
allocated to that party plus one.

(4) Fractions are to be taken into account for the purposes of sub-paragraph (3).

(5) In allocating the second or any subsequent seat there is to be disregarded—

(a) any votes given for a party to which there has already been allocated
a number of seats equal to the number of candidates on its party list,
5and

(b) any votes given for an independent candidate to whom a seat has
already been allocated.

Allocation under paragraph 4: special rules for cases involving equality of votes

5 (1) If, on the application of paragraph 4(2) or on any application of paragraph
104(3), the largest number of votes is the number of votes of two or more
parties, the provision in question applies to each of them (so they are each
allocated a seat).

(2) However, if sub-paragraph (1) would mean that more than the full number
of seats for the electoral district were allocated, paragraph 4(2) or (3) does
15not apply until the number of votes for each of those parties is increased by
one.

(3) If, after that, the application of paragraph 4(2) or (3) together with sub-
paragraph (1) would mean that more than the full number of seats were
allocated, the returning officer must decide by lots between the parties to
20whom sub-paragraph (1) would otherwise require seats to be allocated.

(4) In this paragraph references to a party include an independent candidate.

Allocation of party candidates to the seats allocated to the party

6 (1) Seats allocated in an electoral district to a party are to be allocated to its
candidates in the following order—

(a) 25qualifying candidates, in order of the votes given for each candidate
(largest number of votes first);

(b) other candidates, in the order in which they appear on the party list.

(2) A candidate is a “qualifying candidate” if the number of votes given for the
candidate is at least 5% of the number of votes given for the party as
30determined for the purposes of paragraph 4(2).

(3) As between qualifying candidates with an equal number of votes, seats are
to be allocated in the order in which they appear on the party list.

Section 8

SCHEDULE 4 Interim replacement elected members

Part 1 Introduction

5Application of Schedule

1 This Schedule applies where, under section 8(2)(a), a person is to be returned
as an interim replacement elected member in order to fill the seat of another
person (“E”).

2 In this Schedule—

• 10Part 2 applies where the relevant electoral district is in Great Britain;

• Part 3 applies where the relevant electoral district is Northern Ireland;

• Part 4 contains supplementary provisions.

Interpretation

3 In this Schedule—

• 15“independent candidate”—

  (a)

  in relation to an electoral district in Great Britain, is to be read
  in accordance with Schedule 3;

  (b)

  in relation to the electoral district of Northern Ireland, means
  a person who stood when elected otherwise than in the name
  20of a party;

• the “nominating officer”, in relation to a party, means the person
  registered as the party’s nominating officer under section 24 of the
  Political Parties, Elections and Referendums Act 2000;

• “party candidate”—

  (a)

  25in relation to electoral districts in Great Britain, is to be read
  in accordance with Schedule 3;

  (b)

  in relation to the electoral district of Northern Ireland, means
  a person who stood when elected in the name of a party;

• “party list” is to be read in accordance with Schedule 3;

• 30“the previous elected member” means—

  (a)

  E, unless E was an interim replacement elected member;

  (b)

  if E was an interim replacement elected member, the person
  who was last returned as an ordinary elected member or
  replacement elected member at a House of Lords election to
  35fill E’s seat;

• “the relevant electoral district” means the electoral district for which E
  was returned as an elected member;

• “the returning officer” means the returning officer for the relevant
  electoral district.

Part 2 Electoral districts in Great Britain

Procedure for filling vacancy

4 (1) The returning officer must take such steps as the officer considers reasonable
5to contact the person determined under paragraph 5, to ask that person to—

(a) make the necessary declaration (see paragraph 10), and

(b) deliver it to the officer.

(2) If the procedure under sub-paragraph (1) (including that procedure
undertaken by virtue of this sub-paragraph) is unsuccessful in respect of a
10person, the procedure must be repeated.

(3) On the second or any subsequent application of sub-paragraph (1), any
person in relation to whom the officer has already taken steps under sub-
paragraph (1) in respect of the vacancy is a “disregarded person” for the
purposes of paragraph 5.

(4) 15The procedure in sub-paragraph (1) is unsuccessful in respect of a person
if—

(a) within such period as the returning officer considers reasonable, the
officer decides that the steps which the officer has taken under that
sub-paragraph to contact the person have been unsuccessful,

(b) 20within such period as the returning officer considers reasonable, the
officer has not received the necessary declaration made by the
person, or

(c) the person states in writing that the person is not willing or able to
make the necessary declaration.

25Person to be contacted

5 (1) If the previous elected member was a party candidate, the person to be
contacted is—

(a) the person on the relevant party list who, in accordance with
paragraph 6 of Schedule 3, would be allocated a seat first, or

(b) 30if there is no person on that list (or there is no such list), the person to
whom a seat would have been allocated at the last House of Lords
election if, in the relevant electoral district, there had been an
additional seat to allocate.

(2) “The relevant party list” is the party list submitted at the last House of Lords
35election for the relevant electoral district by the party for which the previous
elected member stood when elected.

(3) If the previous elected member was an independent candidate, the person to
be contacted is the person to whom a seat would have been allocated at the
last House of Lords election if, in the relevant electoral district, there had
40been an additional seat to allocate.

(4) For the purposes of applying paragraph 6 of Schedule 3 (allocation of party
candidates to party seats) by virtue of sub-paragraph (1) or (3) any
disregarded person is to be disregarded.

(5) For the purposes of applying paragraph 4 of Schedule 3 (allocation of seats
to parties or independent candidates) by virtue of sub-paragraph (1)(b) or (3)
there is to be disregarded—

(a) any votes given for a party where all of the candidates on its party
5list are disregarded persons, and

(b) any votes given for an independent candidate who is a disregarded
person.

(6) “Disregarded person” means—

(a) any person who was returned as an elected member at the last House
10of Lords election or who has been so returned since then, including
any person whose return is void,

(b) any party candidate in respect of whom the nominating officer of the
party in question has given notice, before the returning officer first
takes steps under paragraph 4(1) in relation to the vacancy, that the
15party candidate is to be disregarded for the purposes of this
Schedule, or

(c) any person who the returning officer knows has died.

(7) A person to whom section 33 applies (disqualified person: change in
circumstances) who would otherwise fall within sub-paragraph (6)(a) is to
20be treated as not falling within that provision.

Return of person as interim replacement elected member

6 (1) This paragraph applies where, in response to a request to a person under
paragraph 4(1), the returning officer receives the necessary declaration
made by the person.

(2) 25The returning officer must (subject to sub-paragraph (5))—

(a) declare the person to be returned as an interim replacement elected
member for the relevant electoral district, and

(b) if the person was a party candidate, declare that the person is so
returned in the name of the party in question.

30Paragraph (b) does not apply in respect of a party that is not a registered
party on the date the necessary declaration is made.

(3) The declaration under sub-paragraph (2) must—

(a) be in writing, and

(b) specify the date on which it is made.

(4) 35The returning officer must—

(a) give public notice of the declaration, and

(b) give a copy of it to the Clerk of the Crown.

(5) Where—

(a) the returning officer takes steps under paragraph 4(1) in relation to a
40person (“A”),

(b) the officer then takes steps under that provision in relation to another
person (“B”), in respect of the same vacancy, and

(c) the returning officer then receives the necessary declaration made by
A,

the receipt of that necessary declaration does not count for the purposes of
this paragraph unless and until the procedure in paragraph 4(1) is
unsuccessful in respect of B.

Procedure where vacancy not filled

7 (1) 5This paragraph applies if—

(a) there is no person in relation to whom the returning officer may take
steps under paragraph 4(1),

(b) the procedure under that provision is unsuccessful in respect of each
person in relation to whom steps are required to be taken, or

(c) 10E’s seat has not been filled under this Schedule by the end of the day
of dissolution of the last (or only) Parliament of the electoral period
in which the vacancy is certified.

(2) The returning officer must notify the Clerk of the Crown that E’s seat has not
been filled under this Schedule.

(3) 15No person is to be returned under section 8(2)(a) to fill E’s seat.

Part 3 Electoral district of Northern Ireland

Procedure where the previous elected member was a party candidate

8 (1) This paragraph applies where—

(a) 20the previous elected member was a party candidate, and

(b) the relevant party is a registered party.

(2) The returning officer must ask the nominating officer of the relevant party
to nominate, within the period of 28 days beginning with the day of the
request, a person to be returned as an interim replacement elected member.

(3) 25If, within that period, the returning officer receives—

(a) a nomination made and signed by the nominating officer of the
relevant party, nominating a person who is not disqualified from
being an elected member, and

(b) the necessary declaration made by the person nominated,

30the returning officer must declare the nominated person to be returned as an
interim replacement elected member for Northern Ireland.

(4) The declaration must—

(a) be in writing, and

(b) specify the date on which it is made.

(5) 35The returning officer must—

(a) give public notice of the declaration, and

(b) give a copy of it to the Clerk of the Crown.

(6) “The relevant party” means the party for which the previous elected
member stood when elected.

Procedure where vacancy not filled

9 (1) This paragraph applies if—

(a) paragraph 8 applies but paragraph 8(3) (return of person) does not
apply, or

(b) 5paragraph 8 does not apply (for example, because the previous
elected member was an independent candidate).

(2) The returning officer must notify the Clerk of the Crown that E’s seat has not
been filled under this Schedule.

(3) No person is to be returned under section 8(2)(a) to fill E’s seat.

10Part 4 Supplementary

The necessary declaration

10 (1) For the purposes of this Schedule a person makes “the necessary
declaration” if the person makes and signs a declaration that—

(a) 15states the person’s date of birth,

(b) states the date on which the declaration is made,

(c) gives the person’s consent to being returned as an interim
replacement elected member for the relevant electoral district,

(d) declares that the person is aware of the provisions of section 26
20(disqualification) so far as relating to elected members, and

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

(2) The declaration must also give the person’s consent to being returned as an
25interim replacement elected member in the name of the party in question
if—

(a) the person was a party candidate, or

(b) the relevant electoral district is Northern Ireland.

(3) Sub-paragraph (2) does not apply in respect of a party that is not a registered
30party on the date the necessary declaration is made.

Power to make provision about return of interim replacement elected members

11 (1) The Minister may by order make provision about the return of interim
replacement elected members.

(2) The order may, in particular, make provision about the questioning of the
35return of an interim replacement elected member and the consequences of
irregularities.

(3) The order may—

(a) modify this Schedule (other than this paragraph), but only if the
modification relates to a procedural matter;

(b) 40apply, or incorporate, with or without modifications, any provision
of primary or secondary legislation;

(c) create criminal offences.

(4) The return of an interim replacement elected member may be questioned
only in accordance with provision made under this paragraph (whether by
the application or incorporation of Part 3 of the Representation of the People
Act 1983 or otherwise).

Section 11

5SCHEDULE 5 The House of Lords Appointments Commission

The Commissioners

1 (1) The Appointments Commission is to consist of seven members
(“Commissioners”) appointed by Her Majesty.

(2) 10One of the Commissioners (“the chair”) is to be appointed by Her Majesty to
chair the Appointments Commission.

(3) Her Majesty’s powers under sub-paragraphs (1) and (2) are exercisable on
the recommendation of the Prime Minister.

(4) The Prime Minister is to select persons for recommendation on merit on the
15basis of fair and open competition.

(5) A Minister of the Crown may not be appointed as a Commissioner.

(6) If a Commissioner becomes a Minister of the Crown, that person ceases to be
a Commissioner.

Terms and conditions: general

2 (1) 20Subject to the provisions of this Schedule, the chair and the other
Commissioners hold office in accordance with the terms and conditions of
their appointment.

(2) Those terms and conditions are to be determined by the Speakers’
Committee.

25Term of office

3 (1) The chair and the other Commissioners are to be appointed for a fixed term
of 10 years.

(2) A person who ceases to hold office as the chair also ceases to hold office as a
Commissioner.

(3) 30A person may not be appointed as a Commissioner more than once.

Resignation

4 (1) The chair may resign from office by notifying the Prime Minister.

(2) The other Commissioners may resign from office by notifying the chair (or,
if the office of chair is vacant, the Prime Minister).

Removal from office

5 (1) Her Majesty may remove the chair, or any of the other Commissioners, from
office on an address of both Houses of Parliament.

(2) A motion for an address under sub-paragraph (1) may be made (in either
5House) only if the Speakers’ Committee has reported to the House that it is
satisfied that one or more of the removal conditions is met.

(3) The removal conditions are—

(a) that the person is absent from 3 successive meetings of the
Appointments Commission without its approval;

(b) 10that the person has been convicted (anywhere in the world) of an
offence (committed anywhere);

(c) that an insolvency order or undertaking comes into force in relation
to the person (see section 30);

(d) that the person is unfit or unable to carry out the functions of the
15office.

(4) In sub-paragraph (3)(b) “offence” includes any act punishable under the law
of a country or territory outside the United Kingdom (however it is
described in that law).

(5) For the purposes of sub-paragraph (3)(c), subsection (2) of section 30
20(inclusion of pre-commencement undertakings and orders) does not apply.

Remuneration

6 (1) The terms and conditions on which a person is appointed as the chair or as
one of the other Commissioners may provide for the Appointments
Commission—

(a) 25to pay remuneration and allowances to the person;

(b) to make provision for a pension to or in respect of that person.

(2) The Appointments Commission must make the payment or provision
accordingly.

Code of conduct

7 (1) 30The Appointments Commission must prepare, and may from time to time
revise, a code of conduct for the chair and the other Commissioners.

(2) The code must in particular—

(a) incorporate the Nolan principles or such other similar principles as
may be adopted by the Appointments Commission from time to
35time, and

(b) include provision about the disclosure of interests by the chair and
the other Commissioners.

(3) The Appointments Commission must submit the code (or revision) to the
Speakers’ Committee.

(4) 40The code (or revision) does not come into effect until it is approved by the
Speakers’ Committee.