House of Lords Reform Bill (HC Bill 52)

(ii) at the end insert “other than—

• “(a)

  10the office of steward or bailiff of Her Majesty’s
  three Chiltern Hundreds of Stoke,
  Desborough and Burnham or of the Manor of
  Northstead, or

  (ii)

  the office of member of the House of Lords.”

(3) 15In Schedule 1 (certificate of vacancy) omit “[that Member of Parliament
for has become disqualified as a peer for membership of the House of
Commons;]”.

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)S.I. 1976/1042 (N.I. 15))

23 (1) Amend the Sex Discrimination (Northern Ireland) Order 1976 as follows.

(2) 20In Article 13A(3)(b) (offices to which Article 13B does not apply) after “1958,”
insert “the office of an appointed member of the House of Lords,”.

(3) In Article 43A(4) (selection of election candidates) after “Article” insert “—

(a) parliamentary election” has the same meaning as in
Schedule 1 to the Interpretation Act 1978;

(b)”. 25

Senior Courts Act 1981 (c. 54)Senior Courts Act 1981 (c. 54)

24 In section 142(1) of the Senior Courts Act 1981 (selection of judges for trial of
election petitions) for “members of the House of Lords” substitute
“transitional members of the House of Lords”.

30British Nationality Act 1981 (c. 61)British Nationality Act 1981 (c. 61)

25 In Schedule 7 to the British Nationality Act 1981 (consequential
amendments) in the entry relating to the Act of Settlement (see section 47 of
the Constitutional Reform and Governance Act 2010), at the end insert—

“Nothing in this entry applies in relation to membership of the
35House of Lords.”

Representation of the People Act 1983 (c. 2)Representation of the People Act 1983 (c. 2)

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

(2) In section 7B(7)(a) (declaration of local connection) omit “by a person who is
as a peer subject to a legal incapacity to vote at parliamentary elections or”.

(3) 40In section 15(5)(a) (service declaration) omit “by a person who is as a peer
subject to a legal incapacity to vote at parliamentary elections, or”.

(4) In section 160(4) (persons reported personally guilty of corrupt or illegal
practices)—

(a) in paragraph (a) at the end of sub-paragraph (ii) (but before the “or”)
insert—

“(iia) 5being a member of the House of Lords
(whether an elected member or otherwise),”,
and”

(b) in paragraph (b) for “or holding any such office, shall vacate the seat
or office” substitute “a member of the House of Lords, or the holder
10of an elective office, shall vacate the seat in the House of Commons
or the House of Lords or the elective office”.

(5) In section 173 (incapacities on conviction of corrupt or illegal practice)—

(a) in subsection (1)(a) at the end of sub-paragraph (ii) (and after the
“or”) insert—

“(iia) 15being a member of the House of Lords
(whether an elected member or otherwise),
or”,

(b) in subsection (1)(b) for “or holding any such office, shall vacate the
seat or office” substitute “a member of the House of Lords, or the
20holder of an elective office, shall vacate the seat in the House of
Commons or the House of Lords or the elective office”,

(c) after subsection (7) insert—

“(7A) If a person convicted of a corrupt or illegal practice is a
member of the House of Lords, the person shall (in addition
25to being subject to the incapacities mentioned in subsection
(1)(a) above) be treated as a person suspended by virtue of
section 44 of the House of Lords Reform Act 2012 for the
period of suspension specified in subsection (8) below.”,

(d) in subsection (8) after “(7)” insert “and (7A)”, and

(e) 30in subsection (9) for “or (7)” substitute “, (7) or (7A)”.

Repatriation of Prisoners Act 1984 (c. 47)Repatriation of Prisoners Act 1984 (c. 47)

27 (1) Amend the Schedule to the Repatriation of Prisoners Act 1984 (operation of
certain legislation in relation to the prisoner) as follows.

(2) In paragraph 7—

(a) 35after “1981” insert “or section 32 of the House of Lords Reform Act
2012”, and

(b) after “Commons” insert “or the House of Lords”.

(3) In the heading immediately before paragraph 7 after “1981” insert “and the
House of Lords Reform Act 2012”.

40Representation of the People Act 1985 (c. 50)Representation of the People Act 1985 (c. 50)

28 (1) Amend the Representation of the People Act 1985 as follows.

(2) Omit section 3 (extension of the franchise for European Parliamentary
elections to peers resident outside the UK).

(3) In section 27(2) (interpretation) for “to 3” substitute “and 2”.

Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

29 (1) Amend the Insolvency Act 1986 as follows.

(2) In section 426A (disqualification from Parliament: England and Wales)—

(a) in subsection (1) omit paragraphs (b) and (c),

(b) 5omit subsection (4),

(c) in subsections (5) and (6) omit “or the House of Lords”, and

(d) in the heading for “Parliament” substitute “House of Commons”.

(3) In section 427 (disqualification from Parliament: Scotland and Northern
Ireland)—

(a) 10omit subsection (1)(a),

(b) in subsection (1)(c) for “either House” substitute “that House”,

(c) omit subsection (3),

(d) in subsection (5) omit “lord of Parliament or” and “to the Speaker of
the House of Lords or, as the case may be,”, and

(e) 15in the heading for “Parliament” substitute “House of Commons etc”.

Local Government Finance Act 1988 (c. 41)Local Government Finance Act 1988 (c. 41)

30 In section 65(7) of the Local Government Finance Act 1988 (owners and
occupiers) for the words from “shall” to the end substitute “—

(a) in the case of a House of Commons election, is to be
20construed in accordance with section 24 of the
Representation of the People Act 1983;

(b) in the case of an election to the House of Lords, is to be
construed in accordance with provision made under section
7 of the House of Lords Reform Act 2012;

(c) 25in the case of a local government election, is to be construed
in accordance with section 35 of the Representation of the
People Act 1983.”

Caldey Island Act 1990 (c. 44)Caldey Island Act 1990 (c. 44)

31 In section 1(3) of the Caldey Island Act 1990 (elections) for “parliamentary
30polling district” substitute “polling district for the purpose of House of
Commons elections”.

Ministerial and other Pensions and Salaries Act 1991 (c. 5)Ministerial and other Pensions and Salaries Act 1991 (c. 5)

32 (1) Amend the Ministerial and other Pensions and Salaries Act 1991 as follows.

(2) In section 4 (grants on ceasing to hold ministerial and other offices)—

(a) 35after subsection (3A) insert—

“(3B) The annual amount of the salary paid to a person in respect
of the office of Chairman of Committees of the House of
Lords or Deputy Chairman of Committees of the House of
Lords is the difference between—

(a) 40the total amount paid to the person under section 7A
of the Parliamentary Standards Act 2009 for the
period of 12 months ending at the material time, and

(b) the total amount that would have been paid to the
person for that period if the determination under
section 7A(3) of that Act had not provided for higher
pay for members holding that office.”, and

(b) 5in subsection (6)(d) for “a salary” substitute “pay”.

(3) Omit section 5 (allowances for certain office holders in House of Lords).

(4) Omit section 8(2) (financial provision relating to section 5 allowances).

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

33 In section 72(4) of the Trade Union and Labour Relations (Consolidation)
10Act 1992 (restriction on use of funds for political objects) in the definition of
“political office” for “member of Parliament,” substitute “Member of
Parliament, elected member of the House of Lords,”.

Disability Discrimination Act 1995 (c. 50)Disability Discrimination Act 1995 (c. 50)

34 In section 4C(5)(b) of the Disability Discrimination Act 1995 (offices to which
15sections 4D and 4E do not apply) after “1958,” insert “the office of an
appointed member of the House of Lords,”.

Reserve Forces Act 1996 (c. 14)Reserve Forces Act 1996 (c. 14)

35 In section 125(a) of the Reserve Forces Act 1996 (absence for voting) after
“Member of Parliament,” insert “an elected member of the House of Lords,”.

20Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)S.I. 1996/1141 (N.I. 6))

36 In Schedule 3 to the Juries (Northern Ireland) Order 1996 (persons excusable
from jury service as of right), for the entry relating to peers and peeresses
substitute—

“Members of the House of Lords.”

25Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I 6)S.I. 1997/869 (N.I 6))

37 In Article 72ZA(10)(b)(ii) of the Race Relations (Northern Ireland) Order
1997 (definition of “political office”) after “1958,” insert “the office of an
appointed member of the House of Lords,”.

Scotland Act 1998 (c. 46)Scotland Act 1998 (c. 46)

38 (1) 30Amend the Scotland Act 1998 as follows.

(2) In section 16(1) (disqualification from membership of Scottish Parliament)
for the words from “because” to the end substitute “because the person is
disqualified from being elected to the House of Commons by section 41 of
the House of Lords Reform Act 2012 (temporary disqualification of former
35members of the House of Lords).”

(3) In section 126(1) (interpretation) in the definition of “parliamentary” omit “,
elections”.

(4) In section 127 (index) in the entry relating to ““parliamentary”” omit “,
elections”.

(5) In Section B3 of Part 2 of Schedule 5 (reserved matters) after “House of
Commons,” insert “the House of Lords,”.

Northern Ireland Act 1998 (c. 47)Northern Ireland Act 1998 (c. 47)

39 In section 36(6) of the Northern Ireland Act 1998 (disqualification from
5membership of Northern Ireland Assembly) for the words from “that” to the
end substitute “that the person is disqualified from being elected to the
House of Commons by section 41 of the House of Lords Reform Act 2012
(temporary disqualification of former members of the House of Lords).”

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)S.I. 1998/3162 (N.I. 21))

40 10In Article 20A(10)(b)(ii) of the Fair Employment and Treatment (Northern
Ireland) Order 1998 (definition of “political office”) after “1958,” insert “the
office of an appointed member of the House of Lords,”.

House of Lords Act 1999 (c. 34)House of Lords Act 1999 (c. 34)

41 The House of Lords Act 1999 is repealed.

15Representation of the People Act 2000 (c. 2)Representation of the People Act 2000 (c. 2)

42 Omit paragraph 4 of Schedule 2 to the Representation of the People Act 2000
(which substituted section 3 of the Representation of the People Act 1985).

Political Parties, Elections and Referendums Act 2000 (c. 41)Political Parties, Elections and Referendums Act 2000 (c. 41)

43 (1) Amend the Political Parties, Elections and Referendums Act 2000 as follows.

(2) 20In section 5(2) (duty of Electoral Commission to report on elections) after
paragraph (a) insert—

“(aa)(aa)a House of Lords election;”.

(3) In section 7(2) (Electoral Commission to be consulted on changes to electoral
law) after paragraph (e) insert—

“(ea) 25an order under section 7 of the House of Lords Reform Act
2012 (power to make provision about House of Lords
elections);

(eb) an order under paragraph 11 of Schedule 4 to that Act (power
to make provision about return of interim replacement
30elected members);”.

(4) In section 8(3) (certain powers exercisable only on the Electoral
Commission’s recommendation) after paragraph (d) insert—

“(e) the making of orders under section 7 of the House of Lords
Reform Act 2012 so far as relating to the variation of any
35financial limit set by a previous order under that section
relating to the election expenses of candidates.”

(5) In section 22(2) (parties to be registered in order to field candidates at
elections) after “region” (in each place) insert “or district”.

(6) In section 54(8) (permissible donors: definition of “electoral register”) omit
40paragraph (c) (and the “or” before it).

(7) In section 64 (exemptions from weekly donation reports during general
election periods)—

(a) in subsection (1) for “covers the general election in question”
substitute “—

(a) 5covers the House of Commons general election in
question, and

(b) where the polling day for that election is the same as
the polling day for a House of Lords election, covers
that House of Lords election”,

(b) 10in subsections (2) to (5) for “particular general election” (in each
place) substitute “particular election”,

(c) in subsection (3)—

(i) for “parliamentary elections” substitute “House of Commons
general elections or House of Lords elections (as the case may
15be)”, and

(ii) for “general election in question” (in each place) substitute
“election in question”,

(d) in subsection (9)—

(i) for “general election” substitute “House of Commons general
20election”, and

(ii) for “parliamentary election rules” substitute “House of
Commons elections rules”, and

(e) after that subsection insert—

“(10) For the purposes of this section and section 65 a registered
25party shall be taken to have a candidate at a House of Lords
election if any statement published in connection with the
election under any corresponding rule contains the name of a
candidate standing in the name of the party.

(11) A “corresponding rule” means any provision made by an
30order under section 7 of the House of Lords Reform Act 2012
(power to make provision about elections) which
corresponds to the rule mentioned in subsection (9).”

(8) In section 65(8) (submission of donation reports to Commission) for “Section
64(9) applies” substitute “Section 64(9) to (11) apply”.

(9) 35In section 71R(1) (exemption from weekly transaction reports during
general election periods) for “covers the general election in question”
substitute “—

(a) covers the House of Commons general election in question,
and

(b) 40where the polling day for that election is the same as the
polling day for a House of Lords election, covers that House
of Lords election”.

(10) In section 71S(9) (submission of transaction reports to Commission) for
“section 64(9)” substitute “section 64(9) to (11)”.

(11) 45In section 72(6) (campaign expenditure) at the end insert “except that it does
not include an election to the House of Lords”.

(12) In section 85(6) (controlled expenditure by third parties) at the end insert
“except that it does not include an election to the House of Lords”.