House of Lords Reform Bill (HC Bill 52)
SCHEDULE 8 continued PART 1 continued
House of Lords Reform BillPage 60
(c) a police force maintained by the Northern Ireland Policing Board.
Members of foreign legislatures
7
A member of the legislature of a country or territory other than Ireland that
is outside the Commonwealth.
5Ambassadors etc
8
An ambassador, high commissioner, or permanent representative to an
international organisation, representing Her Majesty’s Government in the
United Kingdom.
Part 2 10Offices disqualifying for particular electoral districts
Office | Electoral district |
---|---|
Member of Her Majesty’s Commission of Lieutenancy for the City of London |
The electoral district which includes the City of London |
Her Majesty’s Lord-Lieutenant or Lieutenant for Greater London |
15Any electoral district which includes the whole or part of Greater London |
Her Majesty’s Lord-Lieutenant or Lieutenant for a county in England and Wales |
Any electoral district which includes the whole or part of the area for which the holder of the office is appointed |
Her Majesty’s Lord-Lieutenant or Lieutenant for an area in Scotland |
20Any electoral district which includes the whole or part of the area in which the Lord-Lieutenant holds office or in which the Lord-Lieutenant or Lieutenant discharges the functions of that office |
Her Majesty’s Lord-Lieutenant or Lieutenant for the city of Aberdeen, Dundee, Edinburgh or Glasgow |
25Any electoral district which includes the whole or part of the city in which the Lord-Lieutenant holds office or for which the Lieutenant is appointed |
Her Majesty’s Lord-Lieutenant or Lieutenant for a county or county borough in Northern Ireland |
Northern Ireland 30 |
Governor of the Isle of Wight | The electoral district which includes the Isle of Wight |
The High Sheriff of Greater London |
Any electoral district which includes the 35whole or part of Greater London |
The High Sheriff of a county in England and Wales |
Any electoral district which includes the whole or part of the area for which the holder of the office is appointed |
Part 3 40Power to amend Schedule
9
(1)
If each House of Parliament resolves that this Schedule (other than this
paragraph) should be amended in a particular way, Her Majesty may by
Order in Council amend the Schedule in that way.
(2)
A resolution under sub-paragraph (1) may provide that the amendments are
45to apply—
(a) to all members,
(b) to a specified description of member, or
(c) to all members other than members of a specified description.
Section 46
SCHEDULE 9 50Pay and allowances
Part 1 Amendments to the Parliamentary Standards Act 2009
Introduction
1 Amend the Parliamentary Standards Act 2009 as follows.
55Section 2: application of the Act to the House of Lords
2 Omit section 2 (nothing in the Act affects House of Lords).
Section 3: IPSA etc
3
In section 3(5) (Speaker’s Committee for IPSA) for “Speaker’s” substitute
“Speakers’”.
60Section 3A: IPSA’s general duties
4
In section 3A(2) (general duties of IPSA) after “members of the House of
Commons” insert “and members of the House of Lords”.
Section 5: MPs’ allowances scheme
5
In section 5(4)(d) and (5) (MPs’ allowances scheme) after “Speaker” insert “of
65the House of Commons”.
Section 9: investigations
6 (1) Amend section 9 (investigations) as follows.
(2) In subsection (1)—
(a) the words from “a member” to the end become paragraph (a), and
House of Lords Reform BillPage 61
(b) after that paragraph insert “, or
(b)
a member of the House of Lords may have been paid
an amount under the House of Lords allowances
scheme that should not have been allowed.”
(3)
5In subsections (6)(b), (7) and (8)(a) for “MPs’ allowances scheme” substitute
“relevant allowances scheme”.
(4) In subsection (10)—
(a) the words from “to a member” to the end become paragraph (a), and
(b) after that paragraph insert “, and
(b)
10to a member of the House of Lords, include a former
member of the House of Lords.”
(5) After that subsection insert—
“(11) In this section the “relevant allowances scheme” means—
(a)
in relation to an investigation under subsection (1)(a), the
15MPs’ allowances scheme, and
(b)
in relation to an investigation under subsection (1)(b), the
House of Lords allowances scheme.”
Section 9A: procedures etc
7
(1)
Amend section 9A (procedures to be followed in investigations etc) as
20follows.
(2) In subsection (5)(a) for “section 6A(3)” substitute “sections 6A(3) and 7F(3)”.
(3) In subsection (6) after paragraph (c) insert—
“(ca) the Speaker of the House of Lords,
(cb) the Leader of the House of Lords,
(cc) 25the House of Lords Committee for Privileges and Conduct,”.
Section 9B: enforcement
8 In section 9B (enforcement) after subsection (2) insert—
“(3)
The Compliance Officer may provide to the House of Lords
Commissioner for Standards any information connected with an
30investigation under section 9 or action taken under Schedule 4 which
the Compliance Officer considers may be relevant to the work of the
House of Lords Commissioner for Standards.”
Section 10: offence of providing false or misleading information for allowances claims
9
(1)
Amend section 10 (offence of providing false or misleading information for
35allowances claims) as follows.
(2) After subsection (1) insert—
“(1A)
A member of the House of Lords commits an offence if the
member—
(a)
makes a claim under the House of Lords allowances scheme,
40and
House of Lords Reform BillPage 62
(b)
provides information for the purposes of the claim that the
member knows to be false or misleading in a material
respect.”
(3) In subsection (2) after “subsection (1)” insert “or (1A)”.
5Section 10A: relationships with other bodies etc
10 (1) Amend section 10A (relationship with other bodies) as follows.
(2) In subsection (1) after paragraph (a) insert—
“(aa) the House of Lords Commissioner for Standards,”.
(3) In subsection (3) after “House of Commons” insert “or the House of Lords”.
(4) 10In subsection (4)—
(a)
after “a member of the House of Commons” insert “or a member of
the House of Lords”, and
(b)
in paragraph (b) after “the House of Commons” insert “or the House
of Lords”.
(5) 15In subsection (5)—
(a) the words from “to a member” to the end become paragraph (a), and
(b) after that paragraph insert “, and
(b)
to a member of the House of Lords, include a former
member of the House of Lords.”
20Section 12: interpretation
11 (1) Amend section 12 (interpretation) as follows.
(2) In subsection (1)—
(a) after the definition of “the Compliance Officer” insert—
(b)
after the definition of “the Leader of the House of Commons”
insert—
-
““the Leader of the House of Lords” means the Minister
of the Crown who is for the time being designated as
30Leader of the House of Lords by the Prime Minister;”.
(3) After subsection (4) insert—
“(5) In this Act—
(a)
references to the House of Lords Committee for Privileges
and Conduct are to the committee or committees of the
35House of Lords concerned with the conduct of members of
the House of Lords,
(b)
references to the person who chairs that Committee are,
where there is more than one such committee, to the persons
who chair those committees, and
(c)
40references to the House of Lords Commissioner for
Standards are to the officer of the House of Lords responsible
for investigations into the conduct of members of the House
of Lords.
House of Lords Reform BillPage 63
(6)
Any question arising under subsection (5) is to be determined by the
Speaker of the House of Lords.”
Schedule 1: IPSA
12 (1) Amend Schedule 1 (IPSA) as follows.
(2)
5In paragraph 1(4) and (5) for “the House of Commons” substitute “either
House of Parliament”.
(3) In paragraph 2—
(a)
in sub-paragraphs (1) and (2) for “the House of Commons” substitute
“both Houses of Parliament”,
(b)
10in sub-paragraph (3) for “only with the agreement of the Speaker”
substitute “—
(a)
in the House of Commons, only with the
agreement of the Speaker of the House of
Commons, and
(b)
15in the House of Lords, only with the agreement of
the Speaker of the House of Lords”,
(c)
in sub-paragraph (4) omit “by the Speaker” and after “competition”
insert “by the Speaker of the House of Commons and the Speaker of
the House of Lords”, and
(d) 20in sub-paragraph (5)—
(i) for “Speaker” substitute “Speakers”, and
(ii) for “Speaker’s” substitute “Speakers’”.
(4)
In paragraph 3(2) for “the Speaker” substitute “the Speaker of the House of
Commons and the Speaker of the House of Lords”.
(5)
25In paragraph 5(1) and (2) for “the Speaker” substitute “the Speaker of the
House of Commons and the Speaker of the House of Lords”.
(6) In paragraph 18—
(a) in sub-paragraph (1) after paragraph (c) insert—
“(d)
section 7A (payment of House of Lords pay) except
30subsection (3) of that section,
(e)
section 7D(1) (payment of House of Lords
allowances), and
(f)
section 7E (dealing with House of Lords
allowances claims) except subsection (9) of that
35section.”, and
(b) in sub-paragraph (2) after paragraph (aa) insert—
“(ab)
section 7A(3) and 7B and 7C (determination of level
of House of Lords pay),
(ac)
section 7D(3) and (4) (preparing and revising
40House of Lords allowances scheme),
(ad)
section 7E(9) (determining procedures for
publication of allowances claims),”.
(7) In paragraph 20(4)—
(a) after paragraph (a) (but before the “and”) insert—
“(aa) 45paying pay under section 7A,”,
House of Lords Reform BillPage 64
(b)
in paragraph (b) after “MPs’ allowances scheme” insert “and the
House of Lords allowances scheme”, and
(c)
in the text after that paragraph, after “function” insert “of calculating
the amount of pay for a member of the House of Lords,”.
(8) 5In paragraph 22—
(a) in sub-paragraph (2) for “Speaker’s” substitute “Speakers’”, and
(b)
in sub-paragraphs (6) and (7) after “Speaker” insert “of the House of
Commons”.
(9) In paragraph 25—
(a)
10in sub-paragraph (1) omit “and the Speaker must lay before each
House of Parliament”,
(b) after that sub-paragraph insert—
“(1A)
The IPSA must send the report to the Speaker of the House
of Commons and the Speaker of the House of Lords.
(1B)
15The Speaker of the House of Commons must lay the report
before the House of Commons, and the Speaker of the
House of Lords must lay the report before the House of
Lords.”, and
(c)
in sub-paragraph (2) for “the Speaker lays” substitute “the Speakers
20lay”.
(10) In paragraph 27(2)—
(a)
in paragraph (b) for “, and” substitute “of the House of Commons,”,
and
(b) after paragraph (c) insert—
“(d) 25the Leader of the House of Lords,
(e) the Speaker of the House of Lords, and
(f)
the House of Lords Committee for Privileges and
Conduct.”
(11)
In paragraph 29(2) omit the definition of “the Speaker” (and the “and” before
30it).
Schedule 2: Compliance Officer for IPSA
13 In paragraph 8 of Schedule 2 (Compliance Officer’s annual report)—
(a)
in sub-paragraph (2) for “, who must lay it before each House of
Parliament” substitute “and the Speaker of the House of Lords”,
(b) 35after that sub-paragraph insert—
“(2A)
The Speaker of the House of Commons must lay the report
before the House of Commons, and the Speaker of the
House of Lords must lay the report before the House of
Lords.”, and
(c)
40in sub-paragraph (3) for “the Speaker lays” substitute “the Speakers
lay”.
Schedule 3: Speaker’s Committee for IPSA
14 (1) Amend Schedule 3 (Speaker’s Committee for IPSA) as follows.
House of Lords Reform BillPage 65
(2) In the heading to the Schedule, for “Speaker’s” substitute “Speakers’”.
(3) In paragraph 1—
(a) for “Speaker’s” substitute “Speakers’”,
(b) in paragraph (d) for “five” substitute “three”,
(c) 5omit “and” at the end of that paragraph,
(d) after that paragraph insert—
“(da) the Speaker of the House of Lords,
(db) the Leader of the House of Lords,
(dc)
the person who chairs the House of Lords
10Committee for Privileges and Conduct,
(dd)
three members of the House of Lords who are not
Ministers of the Crown, appointed by the House of
Lords, and”, and
(e)
in paragraph (e) for “the House of Commons” substitute “each
15House of Parliament”.
(4) After that paragraph insert—
“1A The Committee is to select one of its members to chair it.”
(5) In paragraph 2(1)—
(a) after “paragraph 1(d)” insert “or (dd)”, and
(b)
20in paragraph (b) after “House of Commons” insert “or a member of
the House of Lords (as the case may be)”.
(6) In paragraph 2A—
(a)
in sub-paragraph (2) for “only with the agreement of the Speaker of
the House of Commons” substitute “—
(a)
25in the House of Commons, only with the
agreement of the Speaker of the House of
Commons, and
(b)
in the House of Lords, only with the agreement of
the Speaker of the House of Lords.”,
(b)
30in sub-paragraph (3) for “the Speaker” substitute “the Speaker of the
House of Commons and the Speaker of the House of Lords”, and
(c) in sub-paragraph (8)—
(i)
after “Speaker of the House of Commons” insert “and the
Speaker of the House of Lords”, and
(ii) 35for “Speaker” substitute “Speakers”.
(7) In paragraph 3—
(a) for sub-paragraph (1) substitute—
“(1) The Committee may establish sub-committees.
(1A)
The functions of the Committee under paragraph 22 of
40Schedule 1 (review of IPSA’s estimates) are to be exercised
by a sub-committee of the Committee which does not
include any member of the House of Lords.
(1B)
Subject to that, the Committee may determine its own
procedure and the procedure of its sub-committees
45(including quorums).”, and
(b) in sub-paragraph (2) after “Committee” insert “or a sub-committee”.
House of Lords Reform BillPage 66
Schedule 4: enforcement
15 (1) Amend Schedule 4 (enforcement) as follows.
(2) In paragraph 1—
(a)
in sub-paragraph (1)(a) for “section 9” substitute “section 9(1)(a) or a
5member of the House of Lords under section 9(1)(b)”,
(b)
in sub-paragraphs (1)(b) and (3) after “MPs’ allowances scheme”
insert “or the House of Lords allowances scheme”, and
(c)
in sub-paragraph (8) the words from “to a member” to the end
become paragraph (a), and after that paragraph insert “, and
(b)
10to a member of the House of Lords, include a
former member of the House of Lords.”
(3) In paragraph 5—
(a)
in sub-paragraph (3) for “The” substitute “Where the repayment
direction was given following an investigation under section 9(1)(a),
15the”, and
(b) after that sub-paragraph insert—
“(3A)
Where the repayment direction was given following an
investigation under section 9(1)(b), the IPSA may recover
the amount by making deductions from—
(a) 20any pay payable to the member under section 7A;
(b)
any allowances payable to the member under the
House of Lords allowances scheme.”
(4) In paragraph 6—
(a)
in sub-paragraph (1) after “member of the House of Commons”
25insert “or a member of the House of Lords”, and
(b)
in sub-paragraph (6) the words from “to a member” to the end
become paragraph (a), and after that paragraph insert “, and
(b)
to a member of the House of Lords, include a
former member of the House of Lords.”
(5)
30In paragraph 7(5) for “the House of Commons” substitute “each House of
Parliament”.
(6) In paragraph 12—
(a)
in sub-paragraph (3) for “The” substitute “Where the penalty was
imposed following an investigation under section 9(1)(a), the”, and
(b) 35after that sub-paragraph insert—
“(3A)
Where the penalty was imposed following an
investigation under section 9(1)(b), the IPSA may recover
the amount by making deductions from—
(a) any pay payable to the member under section 7A;
(b)
40any allowances payable to the member under the
House of Lords allowances scheme.”
(7) In paragraph 13(b) after “12(3)” insert “or (3A)”.
House of Lords Reform BillPage 67
Part 2 Transfer schemes
16 (1) The Minister may by order provide—
(a)
for the employment of persons of a specified description who are
5employed in connection with matters relating to allowances for
members of the House of Lords to be transferred to IPSA by a
scheme,
(b)
for specified property, rights and liabilities which subsist wholly or
mainly for the purposes of the House of Lords to be transferred to
10IPSA by a scheme, and
(c)
for specified documents and information held by or on behalf of the
House of Lords (or an officer or committee of the House of Lords) to
be transferred to the Compliance Officer or IPSA.
(2)
A scheme made by virtue of sub-paragraph (1) is to be made by the Minister
15with the consent of the Speaker of the House of Lords.
Section 53
SCHEDULE 10 Minor and consequential amendments
Part 1 Change to the definition of “parliamentary election”
20Amendments to the Interpretation Act 1978 (c. 30)Interpretation Act 1978 (c. 30)
1
(1)
Amend Schedule 1 to the Interpretation Act 1978 (words and expressions
defined) as follows.
(2) For the definition of “Parliamentary Election” substitute—
-
““Parliamentary election” means a House of Commons election
25or an election to the House of Lords.”
(3) At the appropriate place insert—
-
““House of Commons election” means the election of a
Member of Parliament to serve in the House of Commons
for a constituency; and references to a general election or a
30by-election, in the context of the House of Commons, are to
be construed accordingly.”
(4) At the appropriate place insert—
-
““Election to the House of Lords” means the election in an
electoral district at a House of Lords election of persons to
35serve as elected members of the House of Lords for that
district.”
(5)
In consequence of the amendment made by sub-paragraph (2), references in
the following provisions to a parliamentary election (however expressed)
include an election in an electoral district at a House of Lords election—
-
40paragraphs 21(1) and 37(1) of Schedule 12 to the Local Government Act
1972 (c. 70)Local Government Act
1972 (c. 70); -
sections 13B, 13BA and 47(1) of the Representation of the People Act
1983 (c. 2)Representation of the People Act
1983 (c. 2); -
section 20(1) of the Representation of the People Act 1985 (c. 50)Representation of the People Act 1985 (c. 50);
-
section 65(6) of the Local Government Finance Act 1988 (c. 41)Local Government Finance Act 1988 (c. 41);
-
5paragraph 2 of Schedule 2 to the Northern Ireland Act 1998 (c. 47)Northern Ireland Act 1998 (c. 47);
-
section 22(5)(a) of the Political Parties, Elections and Referendums Act
2000 (c. 41)Political Parties, Elections and Referendums Act
2000 (c. 41); -
sections 42(2), 44(5) and 69(9)(a) of the Electoral Administration Act
2006 (c. 22)Electoral Administration Act
2006 (c. 22); -
10section 1(1)(a) of the Northern Ireland (Miscellaneous Provisions) Act
2006 (c. 33)Northern Ireland (Miscellaneous Provisions) Act
2006 (c. 33); -
sections 104(8) and 106(5) of the Equality Act 2010 (c. 15)Equality Act 2010 (c. 15).
House of Lords Reform BillPage 68
Specific modifications of Acts of Parliament
2
(1)
In the Acts or, as the case may be, the provisions of the Acts listed in sub-
15paragraph (2) for the words in the first column (in each place) substitute the
words in the corresponding entry in the second column—
Old words | New words |
---|---|
“parliamentary election” | “House of Commons election” |
“parliamentary elections” | “House of Commons elections” |
“parliamentary or local government election” |
20“House of Commons or local government election” |
“parliamentary or local government elections” |
“House of Commons or local government elections” |
“parliamentary general election” | “House of Commons general 25election” |
“parliamentary general elections” | “House of Commons general elections” |
“parliamentary by-election” | “House of Commons by-election” |
A reference falls within the first column regardless of whether any of the
30words in question starts with a capital letter.
(2) The Acts or provisions of Acts are—
-
section 4(4) of the Agricultural Marketing Act 1958 (c. 47)Agricultural Marketing Act 1958 (c. 47);
-
section 219(6) of the Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70);
-
paragraph 1(3) of Part 5 of Schedule 1 to the Ministerial and other
35Salaries Act 1975 (c. 27)Ministerial and other
35Salaries Act 1975 (c. 27); -
section 108(1) of the Judicature (Northern Ireland) Act 1978 (c. 23)Judicature (Northern Ireland) Act 1978 (c. 23);
-
section 142(1) of the Senior Courts Act 1981 (c. 54)Senior Courts Act 1981 (c. 54);
-
the Representation of the People Act 1983Representation of the People Act 1983, except sections 13B, 13BA
and 47(1); -
40the Elections (Northern Ireland) Act 1985 (c. 2)Elections (Northern Ireland) Act 1985 (c. 2);
-
the Representation of the People Act 1985Representation of the People Act 1985, except section 20(1);
-
the Parliamentary Constituencies Act 1986 (c. 56)Parliamentary Constituencies Act 1986 (c. 56);
-
section 2(1) of the Elected Authorities (Northern Ireland) Act 1989 (c. 3)Elected Authorities (Northern Ireland) Act 1989 (c. 3);
-
section 264(1) of the Taxation of Chargeable Gains Act 1992 (c. 12)Taxation of Chargeable Gains Act 1992 (c. 12);
-
sections 12(4) and 12A(4) of the Scotland Act 1998 (c. 46)Scotland Act 1998 (c. 46);
-
5section 12(1) and (2) of, and Schedule 4 to, the Representation of the
People Act 2000 (c. 2)Representation of the
People Act 2000 (c. 2); -
sections 9HE(3) and 44(3) of the Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22);
-
the Political Parties, Elections and Referendums Act 2000 (c. 41)Political Parties, Elections and Referendums Act 2000 (c. 41), except
section 22(5)(a); -
10section 4 of, and the Schedule to, the Elections Act 2001 (c. 7)Elections Act 2001 (c. 7);
-
sections 6(5A), 7(3) and 8(2) of the European Parliamentary Elections
Act 2002 (c. 24)European Parliamentary Elections
Act 2002 (c. 24); -
section 67(2) of the Finance Act 2003 (c. 14)Finance Act 2003 (c. 14);
-
sections 34(1), 44(8) to (11) and 46(3)(a) of the Electoral Administration
15Act 2006 (c. 22)Electoral Administration
15Act 2006 (c. 22); -
section 13(5)(d) of the Government of Wales Act 2006 (c. 32)Government of Wales Act 2006 (c. 32);
-
sections 13B(3)(b), 223B(3)(b) and 223D(7)(b) of the National Health
Service Act 2006 (c. 41)National Health
Service Act 2006 (c. 41); -
section 4(5) of the Parliamentary Standards Act 2009 (c. 13)Parliamentary Standards Act 2009 (c. 13);
-
20section 15(1) of, and paragraph 2(8) of Schedule 1 to, the Constitutional
Reform and Governance Act 2010 (c. 25)Constitutional
Reform and Governance Act 2010 (c. 25); -
section 11(1)(a) of the European Union Act 2011 (c. 12)European Union Act 2011 (c. 12);
-
sections 54(1) and (5) and 58(7) of the Police Reform and Social
Responsibility Act 2011 (c. 13)Police Reform and Social
Responsibility Act 2011 (c. 13); -
25the Fixed-term Parliaments Act 2011 (c. 14)Fixed-term Parliaments Act 2011 (c. 14).
House of Lords Reform BillPage 69
(3)
This paragraph applies only in so far as the reference is in the context of an
election to the Parliament of the United Kingdom.
(4)
This paragraph does not apply if the reference is amended by any of the
following provisions of this Schedule.
3
30In the following provisions for “general election” (in each place) substitute
“House of Commons general election”—
-
paragraph 3(3)(a) of Schedule 1 to the House of Commons
(Administration) Act 1978 (c. 36)House of Commons
(Administration) Act 1978 (c. 36); -
paragraph 2(3)(a) of Schedule 1 to the National Audit Act 1983 (c. 44)National Audit Act 1983 (c. 44);
-
35section 24(2) of the Inheritance Tax Act 1984 (c. 51)Inheritance Tax Act 1984 (c. 51);
-
section 170(3) of the Criminal Justice and Public Order Act 1994 (c. 33)Criminal Justice and Public Order Act 1994 (c. 33).
4 (1) Amend the Representation of the People Act 1983 as follows.
(2) In section 31 (polling districts at local government elections)—
(a)
in subsection (3) for “parliamentary” (in each place) substitute
40“House of Commons”, and
(b) after subsection (3) insert—
“(3A) For the purposes of subsection (3)—
-
“House of Commons polling district” means a polling
district designated for the purpose of House of
45Commons elections under section 18A; -
“House of Commons polling place” means a polling
place designated for such a district under section
18B.”
House of Lords Reform BillPage 70
(3) In the following for “parliamentary” substitute “House of Commons”—
(a) 5the heading immediately before section 49;
(b) the heading to section 68;
(c) section 73(3).
(4) In section 202(1) (general provisions as to interpretation)—
(a) omit the definition of “parliamentary election petition”,
(b) 10at the appropriate place insert—
-
““House of Commons election petition” means an
election petition questioning a House of Commons
election or return;”,
(c) omit the definition of “parliamentary elections rules”, and
(d) 15at the appropriate place insert—
-
““House of Commons elections rules” means the House
of Commons elections rules in Schedule 1 to this
Act;”.
(5) In the Appendix of Forms at the end of Schedule 1, in the form of writ—
(a)
20for “general election” (in each place) substitute “House of Commons
general election”, and
(b)
for “Member to serve in Parliament” substitute “Member of
Parliament to serve in the House of Commons”.
(6)
In that Appendix, in the form of nomination paper for “Parliament”
25substitute “the House of Commons”.
5
In the heading to section 5 and to section 15 of the Representation of the
People Act 1985 for “parliamentary” substitute “House of Commons”.
General modifications of other legislation
6
(1)
In so far as is appropriate in consequence of the amendment made by
30paragraph 1(2), a reference (however expressed) in primary or secondary
legislation, or in an instrument or other document, to an expression in the
first column is to be read as a reference to the expression in the
corresponding entry in the second column—
Old expression | New expression |
---|---|
parliamentary election | 35House of Commons election |
parliamentary general election | House of Commons general election |
parliamentary by-election | House of Commons by-election |
parliamentary election petition | House of Commons election petition |
parliamentary elections rules | House of Commons elections rules |
(2) 40This paragraph applies only—
House of Lords Reform BillPage 71
(a)
in so far as the reference is in the context of an election to the
Parliament of the United Kingdom, and
(b)
if the legislation is passed or made, or the instrument or document is
issued, before paragraph 1 comes into force.
(3) 5This paragraph does not apply if the reference—
(a) is in an Act of Parliament,
(b) is in the short title of other primary legislation,
(c) is in the title of secondary legislation, or
(d)
is contained in the amendment made by paragraph 23 to the Sex
10Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042S.I. 1976/1042
(N.I.15)).
Supplementary
7
(1)
Where legislation (A) which is passed or made before paragraph 1 comes
into force amends other legislation (B), the amendments are to be treated for
15the purposes of this Part as part of legislation B and not part of legislation A.
(2)
That is the case whether or not the amendments are in force; and where they
are not in force, legislation B is to be treated for the purposes of this Part as
including both the text which is in force and the amended text.
(3) Sub-paragraphs (1) and (2) are subject to express provision to the contrary.
20Part 2 Other minor and consequential amendments
House of Lords Precedence Act 1539 (c. 10)House of Lords Precedence Act 1539 (c. 10)
8
Omit section 1, sections 3 to 8, and section 10 of the House of Lords
Precedence Act 1539 (seating in the House of Lords and the Privy Council).
25Bill of Rights (1 Will. @AMP@amp; Mar. Sess. 2 c. 2)Bill of Rights (1 Will. @AMP@amp; Mar. Sess. 2 c. 2)
9
In section 1 of the Bill of Rights (acceptance of the Crown etc) for “House of
Peeres in the presence of the lords and commons” substitute “House of
Lords in the presence of the members of the House of Lords and the
members of the House of Commons”.
30Union with Scotland Act 1706 (c. 11)Union with Scotland Act 1706 (c. 11) and Union with England Act 1707 (c.7)1707 (c.7)
10
The Union with Scotland Act 1706 and the Union with England Act 1707
have effect subject to this Act.
Parliamentary Privilege Act 1737 (c. 24)Parliamentary Privilege Act 1737 (c. 24)
11
In section 4 of the Parliamentary Privilege Act 1737 (claims on behalf of the
35Crown not to be subject to parliamentary privilege)—
(a)
for the words from “peer or lord” to “House of Commons of Great
Britain” substitute “member of the House of Commons or House of
Lords”, and
(b) after “by or upon any such” insert “suit”.
House of Lords Reform BillPage 72
Parliamentary Privilege Act 1770 (c. 50)Parliamentary Privilege Act 1770 (c. 50)
12
In section 1 of the Parliamentary Privilege Act 1770 (legal proceedings
against members of either House of Parliament)—
(a)
in the heading for “peers” substitute “members of the House of
5Lords”, and
(b)
for “peer or lord of Parliament of Great Britain” substitute “member
of the House of Lords”.
Union with Ireland Act 1800 (c. 67)Union with Ireland Act 1800 (c. 67)
13 (1) Amend Article Fourth of the Union with Ireland Act 1800 as follows.
(2) 10Omit—
(a)
the paragraph beginning “That any person holding” (which provides
that peers of Ireland may be MPs),
(b)
the paragraph beginning “That it shall be lawful” (power to create
and promote peers of Ireland), and
(c)
15the paragraph beginning “That if any peerage shall” (provision about
peerages in abeyance etc).
(3)
In the paragraph beginning “That when his Majesty” (which provides for the
issue of a proclamation)—
(a)
for “commons” or “Commons” (in each place) substitute “members
20of the House of Commons”, and
(b)
for “lords spiritual and temporal and” substitute “members of the
House of Lords and the”.
(4)
In the final paragraph (which makes provision about the rights and
privileges of peers of Ireland and Great Britain etc) omit the words from “,
25the right and privilege of sitting in the House of Lords” to the end.
Act of Union (Ireland) 1800 (c. 38)1800 (c. 38)
14 (1) Amend Article Fourth of the Act of Union (Ireland) 1800 as follows.
(2) Omit—
(a)
the paragraph beginning “That any person holding” (which provides
30that peers of Ireland may be MPs),
(b)
the paragraph beginning “That it shall be lawful” (power to create
and promote peers of Ireland), and
(c)
the paragraph beginning “That if any peerage shall” (provision about
peerages in abeyance etc).
(3)
35In the paragraph beginning “That when his Majesty” (which provides for the
issue of a proclamation)—
(a)
for “commons” or “Commons” (in each place) substitute “members
of the House of Commons”, and
(b)
for “lords spiritual and temporal and” substitute “members of the
40House of Lords and the”.
(4)
In the final paragraph (which makes provision about the rights and
privileges of peers of Ireland and Great Britain etc) omit the words from “,
the right and privilege of sitting in the House of Lords” to the end.
House of Lords Reform BillPage 73
Parliamentary Oaths Act 1866 (c. 19)Parliamentary Oaths Act 1866 (c. 19)
15 (1) Amend the Parliamentary Oaths Act 1866 as follows.
(2)
In section 3 (time and manner of taking Parliamentary oath) for “House of
Peers” (in both places) substitute “House of Lords”.
(3) 5In section 5 (penalty for voting or sitting without taking oath)—
(a) for “House of Peers” (in both places) substitute “House of Lords”,
(b) omit “as a peer”, and
(c)
after “High Court” insert “and in addition to such penalty, shall cease
to be a member of that House”.
10Forfeiture Act 1870 (c. 23)Forfeiture Act 1870 (c. 23)
16
In section 2 of the Forfeiture Act 1870 (persons convicted of treason
disqualified from membership of Parliament) for “either House of
Parliament” substitute “the House of Commons”.
Bishoprics Act 1878 (c. 68)Bishoprics Act 1878 (c. 68)
17 15The Bishoprics Act 1878 is repealed.
Welsh Church Act 1914 (c. 91)Welsh Church Act 1914 (c. 91)
18
In section 2 of the Welsh Church Act 1914 (ecclesiastical corporations and
bishops) omit subsections (2) and (3).
Life Peerages Act 1958 (c. 21)Life Peerages Act 1958 (c. 21)
19
20In section 1 of the Life Peerages Act 1958 (power to create life peerages
carrying right to sit in House of Lords) omit—
(a) paragraph (b) of subsection (2) (and the “and” before it),
(b) subsection (4), and
(c) in the heading “carrying right to sit in the House of Lords”.
25Peerage Act 1963 (c. 48)Peerage Act 1963 (c. 48)
20 (1) Amend the Peerage Act 1963 as follows.
(2)
In section 1(2) (instruments of disclaimer) omit from “and no such
instrument” to the end.
(3) Omit section 4 (Scottish peers entitled to receive writs of summons).
(4) 30Omit section 6 (peeresses in own right entitled to receive writs of summons).
Equal Pay Act (Northern Ireland) 1970 (N.I. c. 32)
21
In section 1A(b) of the Equal Pay Act (Northern Ireland) 1970 (definition of
“political office”) after “1958,” insert “the office of an appointed member of
the House of Lords,”.
35Recess Elections Act 1975 (c. 66)Recess Elections Act 1975 (c. 66)
22 (1) Amend the Recess Elections Act 1975 as follows.
House of Lords Reform BillPage 74
(2) In section 1 (issue of warrants by Speaker for making out writs)—
(a)
in subsection (1)(a) omit “or become disqualified as a peer for
membership of the House of Commons”,
(b)
in subsection (2), in paragraph (a) of the definition of “certificate of
5vacancy” omit “, become disqualified as a peer for membership of the
House of Commons”, and
(c) in that subsection, in the definition of “disqualifying office”—
(i) omit from “, other than” to “Northstead”, and