House of Lords Reform Bill

Insert the following new Clause—

Provisions contained within the Act

The four purposes of this Act are—

(a) to establish a statutory Appointments Commission,

(b) to end entry into the House of Lords of hereditary peers by by-election,

(c) to enable peers to retire,

(d) to enable the House to exclude members from the House,

(e) to create an all appointed House, and

(f) to place the appointment of members of the House of Lords in the hands of a commission of nine people meeting in secret.”

Page 1, line 4, leave out subsection (1)

Page 1, line 4, at end insert “the Prime Minister for recommendation to”

Page 1, line 5, leave out “life”

Page 1, line 6, leave out subsection (2)

Page 1, line 6, leave out “life peerages” and insert “peerages conferring a right to sit in the House of Lords whether hereditary or created for life”

Page 1, line 6, after “peerages” insert “or advice on the continued membership of the House of Lords of persons excepted under subsection (2) of section (Elected life peers).”

Page 1, line 6, at end insert “; and

(b) to advise, in accordance with the provisions of section (Commission role in advising on continuing membership of the House of Lords) on the continued membership of the House of Lords of persons excepted under subsection (2) of section (Elected life peers).”

Page 1, line 6, at end insert—

“( ) The Commission may make recommendations for the creation of—

(a) life peerages which confer the right to sit in the House of Lords,

(b) life peerages which confer no right to sit in the House of Lords, and

(c) hereditary peerages in any or all degrees of the peerage.

( ) Nothing in this section shall alter the right of the Prime Minister to make recommendations to the Crown for the creation of life peerages not conferring a right to sit in the House of Lords or any hereditory peerage.

( ) Nothing in this section shall alter the Royal prerogative with respect to the creation of new peerages whether hereditary or those for life not conferring a right to sit in the House of Lords.

( ) A person granted an hereditary peerage may also be entitled to sit in the House of Lords on the recommendation of the Commission, though such a right is conferred only on the person for whom the peerage was created and is conferred in the same manner as if it was a peerage for life providing a right to sit in the House of Lords.

( ) Nothing in this Act shall alter the rights and privileges according to the peerage or the succession of hereditary peerages according to the letters patent of their creation.

( ) The use of courtesy titles by the children of life peers shall cease.”

Page 1, line 8, leave out subsection (3)

Page 1, line 8, after “recommendations” insert “or advice under this section”

Page 1, line 8, leave out “Prime Minister” and insert “Chancellor of the Duchy of Lancaster”

Page 1, line 8, leave out “Prime Minister” and insert “Lord Speaker”

Page 1, line 8, leave out “Prime Minister” and insert “Lord Chancellor”

Page 1, line 8, leave out “Prime Minister” and insert “Chairman of the Commission”

Page 1, line 8, leave out “Prime Minister” and insert “Earl Marshal of England”

Page 1, line 8, leave out “Prime Minister” and insert “Lord Great Chamberlain”

Page 1, line 8, at end insert “unless he has reason to suspect that any member of the Commission has—

(a) been subject to influence to make or support a recommendation which a reasonable person might consider would influence their judgment; or

(b) is a relative or friend of a person recommended and such interest has not been publicly declared at the time of recommendation;

(c) received a benefit from the person concerned, by way of public speaking or appearance, at a function organised by a member of the Commission or any body or company of which he may be a trustee or director or in which he holds a position of authority or from which he derives pecuniary advantage,

or if a person recommended is a serving or former member of the Commission, who is not already a member of the House of Lords.”

Page 1, line 8, at end insert “unless he has reason to believe that for reasons of national security or of the residential, legal or tax status of the individual that have not been disclosed to the Commission or for any other reason that seems to him to be appropriate, the person concerned is not a fit and proper person to be recommended to the Crown”

Page 1, line 8, at end insert—

“( ) No person shall be appointed to the Commission unless that person has first been approved by a Joint Committee of both Houses of Parliament which shall have been appointed for that specific purpose.

( ) The Commission shall conduct its procedures and make its decisions in accordance with the principles of natural justice.

( ) Whenever the Commission has formed a preliminary view that a person who has been proposed for a peerage in accordance with the provisions of section 4 should not be recommended for appointment as a peer, the Commission shall—

(a) immediately inform that person of its preliminary view together with its reasons for that view,

(b) give that person the opportunity to make oral and written representations including by a representative appointed for that purpose and to call evidence, and

(c) consider such representations and evidence under paragraph (b) before coming to a final decision.

( ) The proceedings and decisions of the Committee shall be open to review by the High Court of Justice in England and Wales.”

Page 1, line 8, at end insert—

“( ) No recommendations for a peerage of any sort may be made by the Commission in respect of a person not resident in the United Kingdom.”

Page 1, line 8, at end insert—

“( ) The Commission shall be an advisory non-departmental public body.”

Page 1, line 8, at end insert—

“( ) The Commission shall make a recommendation for the creation of a life peerage in accordance with the provisions of this Act, in any case when a vacancy in membership of the House results from the death of a person existed in accordance with section (4) of the House of Lords Act 1999.”

Leave out Clause 1

Insert the following new Clause—

“Creation of life peerages not to confer automatic membership of the House of Lords

(1) Recommendation for a life peerage by the Commission will not confer membership of the House of Lords, unless membership is also recommended by the Prime Minister.

(2) In section 1(2)(b) of the Life Peerages Act 1958 (c. 21) (power to create life peerages carrying right to sit in the House of Lords) at the beginning insert “if the Prime Minister and the Commission so recommend,”.

(3) Nothing in this Act shall detract from the power of Her Majesty under letters patent to create a hereditary or life peerage that does not confer the right to receive a writ of summons to the House of Lords or to sit and vote therein.”

Insert the following new Clause—

“Annual report on nature of Commission appointments

(1) At least once in each calendar year the Commission must publish and lay before both Houses of Parliament a report setting out, for each of its appointees—

(a) the reasons for the appointment it has made,

(b) whether the peer nominated himself or was nominated by a political party or the Prime Minister and,

(c) where it has taken these factors into account in the appointment, his or her—

(i) academic or vocational qualifications,

(ii) gender

(iii) ethnic origin,

(iv) birthplace,

(v) place of residence,

(vi) faith group or non-faith group,

(vii) party allegiance,

(viii) age, and

(ix) disability.

(2) At the same time as it publishes a report under this section, the Commission shall lay before both Houses of Parliament a table showing the representation of each category in subsection (1) in the House of Lords.”

Page 1, line 10, leave out subsection (1)

Page 1, line 10, leave out “nine” and insert “five”

Page 1, line 10, leave out “nine members” and insert “eleven peers, all of whom shall be members of the Privy Council”

Page 1, line 10, leave out “nine” and insert “seven”

Page 1, line 10, leave out “nine” and insert “eleven”

Page 1, line 10, leave out “nine” and insert “thirteen”

Page 1, line 10, leave out “nine” and insert “fifteen”

Page 1, line 10, leave out “nine” and insert “seventeen”

Page 1, line 10, leave out “nine members” and insert “eight members of the Privy Council, of whom four shall be appointed by a special commission of the Prime Minister, the Speaker of the House of Commons and the Chairman of Committees of the House of Lords”

Page 1, line 11, leave out subsections (2) to (7) and insert—

“( ) Each of the three largest parties in the House of Commons shall appoint one Commissioner on the nomination of the Leader of each such party, and one Commissioner shall be appointed from the non-party members on the nomination of the Convenor of the Crossbench peers.”

Page 1, line 11, leave out “, including the Chairman,”

Page 1, leave out lines 12 and 13 and insert “in accordance with the following—

(a) three members to be appointed by the Leader of the Labour Party in the House of Lords;

(b) three members to be appointed by the Leader of the Conservative Party in the House of Lords;

(c) three members to be appointed by the Convenor of the Crossbench peers; and

(d) two members to be appointed by the Leader of the Liberal Democrat Party in the House of Lords.”

Page 1, leave out lines 12 and 13 and insert “in accordance with the following—

(a) three members to be appointed by the Leader of the Labour Party in the House of Lords;

(b) three members to be appointed by the Leader of the Conservative Party in the House of Lords;

(c) four members to be appointed by the Convenor of the Crossbench peers; and

(d) one member to be appointed by the Leader of the Liberal Democrat Party in the House of Lords.”

Page 1, line 12, leave out “jointly by the Speaker of” and insert “by”

Page 1, line 12, leave out “jointly by the Speaker of the House of Commons and” and insert “by”

Page 1, line 12, leave out from first “the” to third “of” and insert “Leader of the Labour peers, the Leader of the Conservative peers, the Convenor of the Crossbench peers and the Leader of the Liberal Democrat peers”

Page 1, line 12, leave out “Speaker of the House of Commons” and insert “Lord Chancellor”

Page 1, line 13, at end insert “and the Archbishop of Canterbury”

Page 1, line 13, at end insert “and the Prime Minister”

Page 1, line 13, at end insert “and the First Minister of Scotland”

Page 1, line 13, at end insert “and the First Minister of Wales”

Page 1, line 13, at end insert “and the First Minister of Northern Ireland”

Page 2, line 1, leave out subsection (3)

Page 2, line 1, leave out “the Speaker and”

Page 2, line 1, leave out “the Speaker and the Lord Speaker” and insert “the persons listed in subsection (2)”

Page 2, line 1, leave out “Speaker and the Lord Speaker” and insert “Leader of the Labour Party in the House of Lords, the Leader of the Conservative Party in the House of Lords, the Convenor of the Crossbench peers and the Leader of the Liberal Democrat Party in the House of Lords”

Page 2, line 1, leave out “Speaker” and insert “Lord Chancellor”

Page 2, line 1, after first “Speaker” insert “of the House of Commons”

Page 2, line 2, leave out “or bodies”

Page 2, line 2, at end insert “and include representatives of the population and regions of the United Kingdom”

Page 2, line 3, leave out subsection (4)

Page 2, line 3, leave out “the Speaker and”

Page 2, line 3, after first “Speaker” insert “of the House of Commons”

Page 2, line 5, at end insert—

“( ) The Speaker of the House of Commons and the Lord Speaker will have regard to the regional balance of the Commission when making nominations under subsection (4).”

Page 2, line 6, leave out subsection (5)

Page 2, line 6, leave out “four” and insert “five”

Page 2, line 7, at end insert “and the Chairman shall be a member of the House of Lords”

Page 2, line 8, leave out subsection (6)

Page 2, line 8, leave out subsection (6) and insert—

“(6) The Chairman of the Commission shall be chosen from amongst the Crossbench members of the Commission.”

Page 2, line 8, leave out subsection (6) and insert—

“(6) The Commission shall appoint its own chairman.”

Page 2, line 10, leave out subsection (7)

Page 2, line 10, at end insert—

“( ) At least one of those nominated shall be a hereditary peer drawn from those remaining in the House of Lords under the terms of the House of Lords Act 1999 as amended by this Act.”

Page 2, line 11, leave out subsection (8)

Page 2, line 11, leave out “in the preceding two years”

Page 2, line 14, leave out paragraph (b)

Page 2, line 19, leave out subsection (10)

Page 2, line 19, leave out “by the Speaker and the Lord Speaker”

Page 2, line 19, leave out “the Speaker and”

Page 2, line 19, leave out first “Speaker” and insert “Lord Chancellor”

Page 2, line 19, leave out “Speaker and the Lord Speaker” and insert “the Leader of the Labour peers, the Leader of the Conservative peers, the Convenor of the Crossbench peers and the Leader of the Liberal Democrat peers”

Page 2, line 19, after first “Speaker” insert “of the House of Commons”

Page 2, line 20, at end insert—

“( ) Appointments under subsection (10) shall be subject to affirmative resolution by both Houses of Parliament.”

Page 2, line 20, at end insert—

“( ) In the case of members appointed under subsection (10) following nomination from Scotland, these shall be approved by affirmative resolution of the Scottish Parliament.”

Page 2, line 20, at end insert—

“( ) In the case of members appointed under subsection (10) following nomination from Wales, these shall be approved by affirmative resolution of the Welsh Assembly.”

Page 2, line 20, at end insert—

“( ) In the case of members appointed under subsection (10) following nomination from Northern Ireland, these shall be approved by affirmative resolution of the Northern Ireland Assembly.”

Page 2, line 20, at end insert “, in accordance with the rules of the Commissioner for Public Appointments”

Page 2, line 21, leave out subsection (11)

Page 2, line 22, leave out “five” and insert “ten”

Page 2, line 22, leave out “five” and insert “fifteen”

Page 2, line 23, leave out subsection (12)

Page 2, line 26, leave out subsection (13)

Page 2, line 27, at end insert “or by an affirmative resolution of either House of Parliament.”

Page 2, line 27, at end insert “or by an affirmative resolution of both Houses of Parliament.”

Page 2, line 28, leave out subsection (14)

Page 2, line 31, leave out “and may be re-appointed for one further term”

Page 2, line 31, at end insert—

“( ) A member of the Commission must resign at the age of 70.”

Page 2, line 31, at end insert—

“( ) No salary shall be payable to a Commissioner, except that the Senior Salaries Review Board may recommend a scheme of expenses to defray the costs of carrying out his duties.

( ) Service as a member of the Commission shall be non-pensionable and no payment in relation to uncompleted service shall be made before or after his removal to any member of the Commission removed in accordance with subsection (13) and, in the event of any impropriety in the conduct of his duties, a member of the Commission removed under subsection (13) may be required to repay expenses or other remuneration received.”

Leave out Clause 2

Page 2, line 34, at end insert “which shall be laid before the House of Lords for approval before coming into force”

Page 2, line 34, at end insert “which shall be laid before both Houses before coming into force”

Page 2, line 34, at end insert “, a copy of which shall be laid before both Houses of Parliament by a Minister of the Crown and which shall be subject to approval by a resolution of both Houses of Parliament.”

Page 2, line 34, at end insert “and may seek the advice of the Commissioner for Public Appointments about best practice in attracting and assessing potential nominees”

Page 2, line 34, at end insert—

“( ) The Commission shall publicise its approved rules and procedures, which shall include publication on the Commission’s website and making the rules and procedures available in electronic or paper form to anyone requesting a copy.”

Leave out Clause 3

Insert the following new Clause—

“Commission role in advising on continuing membership of the House of Lords

(1) In considering whether to advise on an individual’s continued membership of the House in accordance with section (1)(1)(b), the Commission shall have regard to whether an individual excepted in accordance with subsection (2) of section (Elected life peers) is a person—

(a) of conspicuous merit;

(b) who has the willingness and capacity to make a contribution to the work of the House of Lords; and

(c) who meets any other criteria specified in accordance with the provisions of section 5.

(2) If the Commission declines to advise that an individual excepted in accordance with subsection (2) of section (Elected life peers) meets the conditions of subsection (1) above, a vacancy shall be deemed to have occurred and the provisions of subsection (6) of section (Elected life peers) shall apply.”

Page 2, line 37, leave out from “other” to “(c)”

Page 2, line 37, leave out “and (c)” and insert “, (c) and (d)”

Page 2, line 40, at end insert—

“( ) the Convenor of the Crossbench peers;”

Page 2, line 41, leave out paragraph (c)

Page 2, line 42, at end insert—

“( ) the Archbishop of Canterbury”

Page 3, line 3, leave out “six seats” and insert “one seat”

Page 3, line 3, leave out “six” and insert “ten”

Page 3, line 3, leave out “six” and insert “fifteen”

Page 3, line 3, leave out “six” and insert “twenty”

Page 3, line 3, after “Commons” insert “, devolved Parliaments and Assemblies”

Page 3, line 4, at end insert—

“( ) For the purposes of subsection (1)(a) the Commission shall—

(a) operate an open and transparent nominations system, and

(b) actively invite nominations by the general public and encourage nominations from such professional associations, charities and other public bodies as it judges appropriate.”

Page 3, line 4, at end insert—

“( ) The Commission may make recommendations for conferment of a peerage to sit in the House of Lords or not.”

Leave out Clause 4

Page 3, line 6, leave out subsection (1)

Page 3, line 7, leave out “shall” and insert “may”

Page 3, line 8, leave out subsection (2)

Page 3, line 9, leave out paragraph (a)

Page 3, line 9, leave out “conspicuous”

Page 3, line 10, leave out paragraph (b)

Page 3, line 10, leave out “willingness and capacity to make a contribution” and insert “clear commitment to be a regular and assiduous contributor”

Page 3, line 11, at end insert—

“(c) deep religious conviction, as demonstrated by high office in a religion or a recognised church with at least 50,000 members”

Page 3, line 11, at end insert—

“( ) Archbishops and bishops shall be deemed to meet the criteria set out in subsection (2)(c).”

Page 3, line 12, leave out “may” and insert “shall”

Page 3, line 13, leave out subsection (4)

Page 3, line 14, at beginning insert “ethnic, racial and religious”

Page 3, line 14, at end insert “and the views and wishes of the Commonwealth, having duly consulted the governments of the Member States”

Page 3, line 15, leave out subsection (5)

Page 3, line 19, leave out subsection (6)

Page 3, line 20, after “Commission” insert “or by Parliament”

Page 3, line 21, leave out subsection (7)

Page 3, line 24, leave out “may” and insert “shall”

Page 3, line 26, at end insert—

“( ) The criteria, once approved, shall be publicised by the Commission as it deems appropriate, which shall include publication on the Commission’s website and making the criteria available in electronic or paper form to anyone requesting a copy.”

Page 3, line 26, at end insert—

“( ) In carrying out its function under subsection (8), the Commission shall scrutinise all nominations for the creation of a life peerage on the grounds of propriety in relation to political donations.”

Page 3, line 26, at end insert—

“( ) No recommendation will be made which will result in the number of Members of the House of Lords making a contribution exceeding 450.”

Leave out Clause 5

Page 3, line 28, leave out subsection (1)

Page 3, line 28, leave out “may” and insert “shall”

Page 3, line 30, leave out subsection (2)

Page 3, line 33, at end insert—

“(2A) The guidelines issued under subsection (1) shall also be subject to approval or rejection by the Scottish Parliament.”

Page 3, line 33, at end insert—

“( ) The guidelines issued under subsection (1) shall also be subject to approval or rejection by the Welsh Assembly.”

Page 3, line 33, at end insert—

“( ) The guidelines issued under subsection (1) shall also be subject to approval or rejection by the Northern Ireland Assembly.”

Page 3, line 34, leave out subsection (3)

Page 3, line 35, at end insert “which shall include publication on the Commission’s website and making a copy of the guidelines available in electronic or paper form to anyone requesting a copy.”

Page 3, line 35, at end insert—

“( ) The cost of the publicity referred to in subsection (3) shall be shared equally by the English, Scottish, Welsh and Northern Irish authorities.”

Page 3, line 36, leave out subsection (4)

Page 3, line 37, leave out “subsection (2)” and insert “subsections (2) and (2A)”

Leave out Clause 6

Page 3, line 40, leave out “shall be conclusive” and insert “may be challenged in any appropriate court, depending on the nationality of the person being recommended”

Page 3, line 40, at end insert “but may be annulled pursuant to a resolution of the House of Lords”

Page 3, line 40, at end insert—

“( ) Nothing in this section shall bind the Crown to raise the certified person to a peerage if further information becomes available which would indicate that the certified person is not able or willing to play a full role in the House of Lords.”

Leave out Clause 7

Page 4, line 2, leave out subsection (1)

Page 4, line 2, leave out “once” and insert “twice”

Page 4, line 4, at end insert—

“( ) The Commission shall, further to subsection (1), at most every six months, and at least every year, propose to the Prime Minister sufficient nominations under section 4(1)(a) at least to fill any vacancies among non-party members that may occur through death, disqualification or a decision to join a political party represented in the House of Lords.

( ) The Prime Minister may not refuse to submit to the Crown the names of those recommended under section 4(1)(a) by the Commission, and shall not seek to influence such nominations, save in exceptional circumstances, such as those endangering the security of the realm.”

Page 4, line 5, leave out subsection (2)

Page 4, line 6, leave out “have regard to” and insert “observe”

Page 4, line 7, leave out paragraph (a)

Page 4, line 7, leave out “less” and insert “more”

Page 4, line 7, leave out “twenty” and insert “twenty-five”

Page 4, line 7, leave out “twenty” and insert “thirty”

Page 4, line 7, leave out “twenty” and insert “fifteen”

Page 4, line 10, leave out paragraph (b)

Page 4, line 11, leave out “a” and insert “an absolute”

Page 4, line 12, leave out paragraph (c)

Page 4, line 16, leave out “normally”

Page 4, line 16, leave out “three” and insert “ten”

Page 4, line 17, at end insert—

“( ) For the purposes of subsection (2)(a), “independent of any registered political party” shall mean never having held any office, either paid or unpaid, in a political party or held office as a Minister.”

Page 4, line 18, leave out subsection (3)

Page 4, line 19, at end insert—

“( ) The advice given by any person or body consulted under subsection (3) shall be given in writing and published as part of the Commission’s decision to make a recommendation or the reasons for not making a recommendation.”

Page 4, line 19, at end insert—

“( ) The Commission shall, at not less than three monthly intervals, lay before the House of Lords the names of those persons or bodies it has consulted under subsection (3).”

Page 4, line 19, at end insert—

“( ) A list of the names of the bodies or persons so consulted shall be available for inspection on demand.”

Page 4, line 20, leave out subsection (4)

Page 4, line 22, leave out “in the two years”

Page 4, line 22, leave out “two” and insert “five”

Page 4, line 23, leave out “a registered political party” and insert “any political group or party whether registered or not”

Page 4, line 26, leave out “a” and insert “any significant”

Page 4, line 26, at end insert “in excess of £200”

Page 4, line 27, leave out subsection (5)

Page 4, line 30, leave out subsection (6)

Page 4, line 30, leave out subsections (6) and (7)

Page 4, line 31, leave out “exceeding” and insert “more than two-thirds”

Page 4, line 33, leave out subsection (7)

Page 4, line 34, leave out “eight” and insert “ten”

Page 4, line 34, leave out “two” and insert “three”

Page 4, line 36, leave out subsection (8)

Page 4, line 37, leave out “not”

Page 4, line 38, leave out “but” and insert “and”

Leave out Clause 8

Insert the following new Clause—

“Annual Report on recommendations

The Commission shall report annually to Parliament on the recommendations made to the Crown by the Prime Minister for the creation of life peerages, in which it will declare if the following criteria are being observed, namely that—

(a) no one political party commands a majority in the House of Lords;

(b) there is broad parity of numbers between the number of members of the House of Lords who support Her Majesty’s Government and the number of those who support the main opposition party in the House of Lords; and

(c) the proportion of non-party members to the total number of members of the House of Lords holding life peerages under the 1958 Act remains as it was on the day before the passing of the House of Lords Act 1999.”

Page 4, line 42, leave out subsection (1)

Page 4, line 45, at end insert “and the criteria shall also be duly published”

Page 4, line 45, at end insert “and the criteria shall also be duly approved in writing by the Cabinet Secretary”

Page 4, line 45, at end insert “and the criteria shall also be duly approved by a resolution of the House of Lords”

Page 5, line 1, leave out subsection (2)

Page 5, line 3, leave out “and consistent” and insert “, consistent and, in particular, provide a right of audience for those being considered”

Page 5, line 3, at end insert—

“( ) The Commission shall make publicly available the procedure and criteria adopted by each political party for the purpose of selecting names for submission to the Commission.”

Page 5, line 4, leave out subsection (3)

Page 5, line 5, at end insert “and shall duly publish such names”

Page 5, line 5, at end insert—

“( ) The Commission may require a political party to amend its criteria and procedures for selecting names to be proposed to the Commission and shall publish any such changes required, giving reasons.”

Leave out Clause 9

Insert the following new Clause—

“The House of Lords Appointments Commission

(1) There is to be a body corporate known as the House of Lords Appointments Commission (referred to in this Act as “the Commission”).

(2) Schedule (the House of Lords Appointments Commission) has effect.”

Insert the following new Clause—

“Creation of life peerages not to confer automatic membership of the House of Lords: No. 2

(1) Recommendation for a life peerage by the House of Lords Appointments Commission will not confer membership of the House of Lords, unless membership is also recommended by the Prime Minister.

(2) In section 1(2)(b) of the Life Peerages Act 1958 (c. 21) (power to create life peerages carrying right to sit in the House of Lords) at the beginning insert “if the Prime Minister and the Commission so recommend,”.

(3) Nothing in this Act shall detract from the power of Her Majesty under letters patent to create a hereditary or life peerage that does not confer the right to receive a writ of summons to the House of Lords or to sit and vote therein.”

Insert the following new Clause—

“Restriction on former MPs being appointed as members of the House of Lords

(1) A former member of the House of Commons (“P”) is disqualified from being appointed to the House of Lords for the duration of the disqualification period.

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

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

Insert the following new Clause—

“Composition of the House of Lords

(1) By 1 May 2013, the House of Lords shall consist of 300 appointed members of which—

(a) 99 will be elected from the Labour party peers;

(b) 99 will be elected from the Conservative party peers;

(c) 41 will be elected from the Liberal Democrat peers;

(d) 61 will be elected from the crossbench and independent peers;

(e) up to 12 will be Lords Spiritual.

(2) It shall be for each party, the crossbenches and the Lords Spiritual to determine how they shall each meet this composition.”

Insert the following new Clause—

“The Joint Committee on the House of Lords Appointments Commission

(1) There is to be a committee known as the Joint Committee on the House of Lords Appointments Commission (referred to in this Act as “the Joint Committee”).

(2) Schedule (the Joint Committee on the House of Lords Appointments Commission) has effect.”

Page 5, line 11, at end insert—

“but they must include the holder of the office of Earl Marshal, and the person performing the office of Lord Great Chamberlain”

Page 5, line 11, at end insert—

“( ) In subsection (3) after “Parliament” insert—

“proposing a wholly or mainly elected upper chamber on the basis of proportional representation”

Page 5, line 11, at end insert—

“( ) In subsection (3) after “Parliament” insert—

“replacing the House of Lords with a fully-elected second chamber with considerably fewer members than the present House”

Page 5, line 11, at end insert—

“( ) In subsection (3) after “Parliament” insert—

“providing for one-third of the House of Lords to be elected”

Page 5, line 15, at end insert—

“except in the case of the holder of the office of Earl Marshal, and the person performing the office of Lord Great Chamberlain”

Page 5, line 15, at end insert—

“( ) After subsection (4) insert—

“(4A) Standing Orders shall provide that a person excepted from section 1 shall be designated as an “elected hereditary peer.””

Page 5, line 16, at end insert—

“( ) A hereditary peer who succeeded under the provisions of the House of Lords Act 1999 shall be deemed to have taken permanent leave of absence under Part 3.”

Page 5, line 17, leave out subsection (5)

Page 5, line 18, at end insert—

“( ) Nothing in this Part shall affect the balance of parties in the House of Lords and in the event of a vacancy occurring under subsection (4), the House of Lords Appointments Commission shall recommend the appointment of a peer under the Life Peerages Act 1958 of the same party group as the excepted peer who has died.”

Insert the following new Clause—

“Elected life peers

(1) No-one shall be a member of the House of Lords by virtue of a life peerage conferred under the Life Peerages Act 1958 before the coming into force of this Act.

(2) Subsection (1) shall not apply in relation to anyone—

(a) elected under the provisions of this section by or in accordance with Standing Orders of the House; and

(b) whose continued membership of the House of Lords has been advised by the Appointments Commission in accordance with section 1(1)(b) of this Act.

(3) At any one time no more than 121 people shall be excepted from subsection (1).

(4) Standing Orders shall make provision that those excepted from subsection (1) shall consist of the following categories—

(a) 66 elected by the holders of a life peerage who are Labour members of the House of Lords on the date this Act comes into force;

(b) 22 elected by the holders of a life peerage who are Conservative members of the House of Lords on the date this Act comes into force;

(c) 8 elected by the holders of a life peerage who are Liberal Democrat members of the House of Lords on the date this Act comes into force; and

(d) 25 elected by the holders of a life peerage who are crossbench members of the House of Lords on the date this Act comes into force.

(5) Once excepted from subsection (1), a person shall continue to be so throughout his life (until an Act of Parliament provides to the contrary).

(6) Standing Orders shall make provision for filling vacancies among the people excepted from this section; and in any case where—

(a) the vacancy arises on a death occurring after the end of the first Session of the next Parliament after that in which this Act is passed, and

(b) the deceased person was excepted in consequence of an election,

that provision shall require the holding of a by-election.

(7) A person may be excepted from subsection (1) by or in accordance with Standing Orders made in anticipation of the enactment or commencement of this section.

(8) Any question whether a person is excepted from subsection (1) shall be decided by the Clerk of the Parliaments, whose certificate shall be conclusive.

(9) The holder of a life peerage conferred before the coming into force of this Act shall not be disqualified by virtue of that peerage for—

(a) voting at elections to the House of Commons, or

(b) being, or being elected as, a member of that House,

save that this subsection shall not apply in relation to anyone excepted from this section by virtue of subsection (1).

(10) This section shall come into force at the end of the Session of Parliament in which this Act is passed.

(11) Accordingly, any writ of summons issued for the present Parliament in right of a life peerage shall not have effect after that Session unless it has been issued to a person who, at the end of the Session, is excepted from this section by virtue of subsection (1).

(12) The Secretary of State may by order make such transitional provision about the entitlement of holders of life peerages to vote at elections to the House of Commons or the European Parliament as he considers appropriate.

(13) An order under this section—

(a) may modify the effect of any enactment or any provision made under an enactment, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Insert the following new Clause—

“Name of the House

On a date to be specified in regulations made by the Secretary of State, which shall not be before 1st January 2020, the House of Lords shall be known as the Senate of the United Kingdom.”

Insert the following new Clause—

“Exclusion of Lords Spiritual

(1) Lords Spiritual shall not be members of the House of Lords.

(2) Subsection (1) shall not prevent former Lords Spiritual from becoming members of the House of Lords.”

Page 5, line 22, leave out subsection (1)

Page 5, line 22, leave out “may” and insert “shall”

Page 5, line 23, at end insert “or leave of absence for a defined period of not less than one year”

Page 5, line 23, at end insert—

“( ) The Standing Orders referred to in subsection (1) shall be approved by a resolution of the House of Commons.”

Page 5, line 23, at end insert—

“( ) The Standing Orders referred to in subsection (1) shall be approved by a resolution of the House of Lords.”

Page 5, line 23, at end insert—

“( ) The Standing Orders referred to in subsection (1) shall be approved by a resolution of the Scottish Parliament.”

Page 5, line 23, at end insert—

“( ) The Standing Orders referred to in subsection (1) shall be approved by a resolution of the Welsh Assembly.”

Page 5, line 23, at end insert—

“( ) The Standing Orders referred to in subsection (1) shall be approved by a resolution of the Northern Ireland Assembly.”

Page 5, line 26, leave out subsection (3)

Page 5, line 26, after “absence” insert “or leave of absence for such other period as provided for in subsection (1)”

Page 5, line 27, at end insert—

“(4) No scheme providing for the granting of permanent leave of absence made under subsection (1) may include any payment or pension to a member who applies for, or has applied for, such leave of absence, or include any other form of reward or inducement for making such application.”

Page 5, line 27, at end insert—

“( ) Nothing in this section shall affect the right of the House of Lords to maintain by Standing Order a scheme providing for the granting of temporary and revocable leave of absence.”

Leave out Clause 11

Page 5, line 29, leave out subsection (1)

Page 5, line 30, leave out “a session, where that session” and insert “two sessions, where each session”

Page 5, line 30, leave out “three” and insert “six”

Page 5, line 31, at end insert “or leave of absence for such shorter period of not less than one year as the body provided for in subsection (2) shall determine.”

Page 5, line 31, at end insert—

“( ) Subsection (1) shall not apply to any member who was unwell for at least one month during the session in question and can produce a medical certificate to that effect.”

Page 5, line 31, at end insert—

“( ) Subsection (1) shall not apply to any member serving in the armed forces, either regular or reserve.”

Page 5, line 32, leave out subsection (2)

Page 5, line 32, leave out “may” and insert “shall”

Page 5, line 35, leave out from “that” to end of line 36 and insert “it was reasonable in all the circumstances for the member not to attend the sessions for which he or she was absent”

Page 5, line 35, leave out “of reasonable merit” and insert “reasonable”

Page 5, line 36, after “subsection (1)” insert “for deemed permanent absence”

Page 5, line 36, at end insert—

“( ) The body stipulated in subsection (2) shall keep and publish minutes, accounting for the reasons for its decision in each case.”

Page 5, line 36, at end insert—

“( ) A right of appeal against a decision by the body stipulated under subsection (2) shall be to the Privy Council.”

Page 5, line 36, at end insert—

“( ) A right of appeal against a decision by the body stipulated under subsection (2) shall be to the Supreme Court.”

Page 5, line 36, at end insert—

“( ) The body stipulated by the House under subsection (2) shall conduct its proceedings in public and report to the House at least once a year.”

Page 5, line 36, at end insert—

“( ) Any member being discussed by the body stipulated by the House under subsection (2) may be legally represented if he or she so chooses, the cost of such representation being met by public funds.”

Page 6, line 1, leave out subsection (3)

Page 6, line 1, after “absence” insert “of whatever agreed duration”

Page 6, line 2, at end insert “unless the House so resolves”

Leave out Clause 12

Insert the following new Clause—

“Permanent leave of absence by reason of residence in Scotland

(1) In the event that Scotland becomes entirely independent of the United Kingdom, this section shall apply.

(2) A member of the House of Lords who has a residence in both Scotland and the United Kingdom shall elect which is his or her main residence and shall be subject to tax in that country.

(3) Any member who elects to have his or her main residence in Scotland under subsection (2) shall be deemed to have taken a permanent leave of absence.

(4) Any member who has designated a main residence in Scotland under subsection (2) and later changes that residence to the United Kingdom shall not be readmitted to the House of Lords.”

Page 6, line 4, leave out “permanent”

Page 6, line 5, at end insert “unless the House of Lords resolves otherwise”

Page 6, line 5, at end insert “unless the House of Commons resolves otherwise”

Page 6, line 5, at end insert “unless, in the case of a Scottish peer, the Scottish Parliament resolves otherwise”

Page 6, line 5, at end insert “unless, in the case of a Welsh peer, the Welsh Assembly resolves otherwise”

Page 6, line 5, at end insert “unless, in the case of an Irish peer, the Northern Ireland Assembly resolves otherwise”

Page 6, line 5, at end insert “unless, in the case of a Bishop, the General Synod of the Church of England resolves otherwise”

Page 6, line 5, at end insert—

“( ) A peer granted a permanent leave of absence may petition the House of Lords for a termination of that permanent leave of absence.”

Leave out Clause 13

Leave out paragraphs (a) and (b)

Page 6, line 10, at end insert—

“( ) voting in, or standing for election to, the House of Lords”

Leave out Clause 14

Insert the following new Clause—

Retirement age

A member of the House of Lords shall not be entitled to receive a Writ of Summons after their 75th birthday.”

Insert the following new Clause—

Size of the House

(1) The members in the House of Lords shall be limited to 450.

(2) Until the figure in subsection (1) is reached, only one new member will be appointed for every two who die.”

Insert the following new Clause—

Size of the House: moratorium

There shall be an immediate moratorium on appointments to the House of Lords until the number of members reaches 750.”

Insert the following new Clause—

“Right of retired members to vote and stand for election to the House of Commons

A person who ceases to be a member of the House of Lords under section (Retirement age) shall not be disqualified from—

(a) voting at elections to the House of Commons, or

(b) being, or being elected as, a Member of that House.”

Page 6, line 16, leave out “one year” and insert “six months”

Page 6, line 16, leave out “one year” and insert “two years”

Page 6, line 16, leave out “one year” and insert “three years”

Page 6, line 16, leave out “one year” and insert “five years”

Page 6, line 16, leave out “one year” and insert “ten years”

Page 6, line 16, after “year” insert “after the enactment of this Act,”

Page 6, line 17, at end insert “for the duration of their sentence”

Page 6, line 17, at end insert “on the recommendation of the sentencing judge, subject to the usual rights of appeal”

Page 6, line 17, at end insert “provided that such a sentence or order is not subsequently overturned, whether on appeal or otherwise”

Page 6, line 17, at end insert—

“( ) This section shall not apply to any detention under the Mental Health Act 2007.”

Page 6, line 17, at end insert—

“( ) This section shall not apply to any sentence served following one or more convictions under the Road Traffic Acts.”

Page 6, line 17, at end insert—

“(2) A person found guilty and sentenced under subsection (1) shall have the right to petition the Leader of the House of Lords to the effect that, notwithstanding that conviction and sentence, he or she shall, once that sentence is served, be eligible for reinstatement to the House of Lords.

(3) The Leader of the House of Lords shall set up a committee to the report to the House of any petition under subsection (2).”

Leave out Clause 15

Page 6, line 22, leave out paragraph (a)

Page 6, line 23, leave out paragraph (b)

Page 6, line 23, at end insert—

“( ) voting in, or standing for election to, the House of Lords”

Page 6, line 23, at end insert—

“( ) being, or being elected as, a member of the Scottish Parliament”

Page 6, line 23, at end insert—

“( ) being, or being elected as, a member of the Welsh Assembly”

Page 6, line 23, at end insert—

“( ) being, or being elected as, a member of the Northern Ireland Assembly”

Leave out Clause 16

Page 6, line 26, after “shall” insert “not”

Page 6, line 26, at end insert “five years after their release”

Leave out Clause 17

Insert the following new Clause—

“Refusal or failure to repay wrongly claimed expenses

A member found by the House of Lords, or a Committee of the House of Lords, to have wrongfully claimed expenses and who has been suspended by the House in connection with a fraudulent claim for expenses, and who refuses or fails to repay money, or make provision for the repayment of money, whose repayment has been required by the House of Lords within a year, shall cease to be a member of the House of Lords.”

Insert the following new Clause—

“Referendum

(1) Her Majesty must by Order in Council, on the advice of the Prime Minister, cause a referendum to be held throughout the United Kingdom about whether the House of Lords should be reformed in accordance with the provisions of this Bill before any part or whole of the Bill comes into effect.

(2) For further provision about a referendum held by virtue of subsection (1), Schedule (Referendums under this Act) applies.

(3) An Order in Council under this section may not be made unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament.”

Page 6, line 30, leave out subsection (1)

Page 6, line 32, at end insert “from five years after the end of his or her membership”

Page 6, line 34, at end insert “except following a resolution of both Houses of Parliament”

Page 6, line 35, leave out subsection (3)

Page 7, line 1, leave out “not”

Page 7, line 2, at end insert “, or any future elections pertaining to the membership of the House of Lords”

Leave out Clause 18

Page 7, line 6, leave out subsection (1)

Page 7, line 6, leave out subsections (1) and (2) and insert—

“The provisions of this Act shall come into force on a day appointed by the Secretary of State, by order subject to the approval of both Houses of Parliament.”

Page 7, line 6, leave out “three” and insert “six”

Page 7, line 9, leave out “is passed” and insert “receives Royal Assent”

Leave out Clause 19

Insert the following new Clause—

“Commencement: further provision

This Act shall not come into force until its proposals have been approved in a referendum in which all residents of the United Kingdom shall be eligible to vote.”

Insert the following new Schedule—

1 (1) The persons entitled to vote in a referendum held by virtue of any provision of this Act are those who would be entitled to vote in a general election of Westminster Parliament members if one were held on the date of the poll at the referendum.

(2) But an Order in Council under this Act may include provision for disregarding alterations made in a register of electors after a specified date.

2 (1) An Order in Council under this Act may make provision for and in connection with the referendum which it causes to be held.

(2) Such an Order in Council may, in particular, apply or incorporate, with or without modification, any enactment relating to referendums, elections or donations.

(3) In sub-paragraph (2) “donations” means anything which is or corresponds to a donation within the meaning of Part 4 of the Political Parties, Elections and Referendums Act 2000.

3 (1) An Order in Council under this Act—

(a) must specify the question to be included on the ballot paper at the referendum which it causes to be held, and

(b) may specify a statement to precede the question on that ballot paper.

4 (1) An Order in Council under this Act must specify the date of the poll at the referendum which it causes to be held.

(2) The Prime Minister may by order vary the date of the poll specified in such an Order in Council (including a date previously set by virtue of this sub-paragraph) if it appears inappropriate for it to be held on that date.

(3) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

5 An Order in Council under this Act must determine the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 in the case of the referendum which it causes to be held.

6 An Order in Council under this Act may make provision for and in connection with the combination of the poll at the referendum which it causes to be held with that at an election or at another referendum (or both).

7 An Order in Council under this Act may authorise or require the Electoral Commission to do things for the purpose of encouraging voting in the referendum which it causes to be held (including imposing obligations or conferring powers on counting officers or other persons).

8 (1) This paragraph applies in relation to a referendum held by virtue of this Act if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the Political Parties, Elections and Referendums Act 2000 (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.

(2) The Electoral Commission may take such steps as they think appropriate to provide such information for persons entitled to vote in the referendum as the Commission think is likely to promote awareness among those persons about the arguments for each answer to the referendum question.

(3) Information provided in pursuance of sub-paragraph (2) must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.

(4) In this paragraph “the appropriate day” means—

(a) if an order is made under section 109(6) of the Political Parties, Elections and Referendums Act 2000 (variation of period for applications for designation under section 108 or period for determination of applications or both) in the case of the referendum, such day as that order specifies as the appropriate day,

(b) if no such order is made and one or more applications are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period, and

(c) in any other case in which no such order is made, the 29th day of the referendum period.

9 Section 126 of the Political Parties, Elections and Referendums Act 2000 (details to appear on referendum material) does not apply to any material published for the purposes of a referendum held by virtue of this Act if the publication is required under or by virtue of the Order in Council that causes the referendum to be held.

10 An Order in Council under this Act must include provision for the funding of costs of the referendum which it causes to be held (and may, in particular, include provision for the costs to be charged on, or payable out of, the Consolidated Fund).

11 An Order in Council under this Act must include provision as to the preparation and audit of accounts relating to payments made by virtue of provision included in the Order in Council under paragraph 10.

12 (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in a referendum held by virtue of this Act as certified by the Chief Counting Officer or a counting officer unless—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) “the permitted period” means the period of six weeks beginning with—

(a) the date on which the Chief Counting Officer or counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the Chief Counting Officer or counting officer gives more than one such certificate, the date on which the last is given.

13 An Order in Council under this Act may include provision creating criminal offences.

14 Expressions used in this Schedule and in Part 7 of the Political Parties, Elections and Referendums Act 2000 have the same meaning in this Schedule as in that Part.”

Insert the following new Schedule—

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

(2) One of the Commissioners (“the chair”) is to be appointed by Her Majesty to chair the 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 basis of fair and open competition.

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

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

2 (1) Subject 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 Joint Committee.

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

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

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

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

(2) Her Majesty may remove any of the other Commissioners from office on an address of both Houses of Parliament.

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

(4) The removal conditions are that—

(a) the person is absent from 3 successive meetings of the Commission without the Commission’s approval,

(b) the person is convicted of an offence,

(c) a bankruptcy restrictions order or undertaking (but not an interim order) under a provision listed in sub-paragraph (6) comes into force in relation to the person,

(d) a debt relief restrictions order or undertaking (but not an interim order) under Schedule 4ZB to the Insolvency Act 1986 comes into force in relation to the person, or

(e) the person is unfit or unable to carry out the functions of the office.

(5) For the purpose of determining if a person is convicted of an offence—

(a) it does not matter where the person is convicted, and

(b) an act punishable under the law of a country or territory outside the United Kingdom is an offence for the purposes of this paragraph (however it is described in that law).

(6) The provision referred to in sub-paragraph (4)(c) are—

(a) Schedule 4A to the Insolvency Act 1986;

(b) section 56A or 56G of the Bankruptcy (Scotland) Act 1985;

(c) Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

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 Commission—

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

(b) to make provision for a pension in relation to that person.

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

7 (1) The 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 Commission from time to time, and

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

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

(4) The Commission must submit the code (or revision) to the Joint Committee.

(5) The code does not come into effect until it is approved by the Joint Committee.

8 The Commission may do anything (except borrow money) which is calculated to facilitate the carrying out of its functions or is incidental or conducive to the carrying out of those functions.

9 (1) The Commission may establish committees, and committees of the Commission may establish sub-committees.

(2) All members of a committee or sub-committee must be Commissioners.

(3) A committee may delegate functions (including functions delegated to it) to a sub-committee or to one of the Commissioners.

10 (1) The Commission may determine its own procedure and the procedure of its committees and sub-committees (including quorum).

(2) The validity of proceedings of the Commission or a committee or sub-committee is not affected by—

(a) a vacancy among the members, or

(b) a defect in the appointment of a member.

11 (1) The Commission must appoint a chief executive.

(2) The Commission may appoint other staff.

(3) The chief executive and other staff are to be appointed on terms and conditions determined by the Commission, having regard to the desirability of keeping them broadly in line with those applying to persons employed in the civil service of the State.

12 (1) The chair of the Joint Committee may appoint a person to act as chief executive until the first appointment under paragraph 11(1) takes effect.

(2) A person acting under sub-paragraph (1) may incur expenditure and do other things (including appointing persons to the Commission’s staff) in the name and on behalf of the Commission—

(a) before the membership of the Commission is first constituted in accordance with paragraph 1, and

(b) after that, until the Commission determines otherwise.

(3) A person’s powers under sub-paragraph (2) are exercisable subject to any directions given to the person by the chair of the Joint Committee.

(4) The chair of the Joint Committee may appoint other persons to the Commission’s staff.

(5) The chair of the Joint Committee may not exercise the power in sub-paragraph (4) after the membership of the Commission is first constituted in accordance with paragraph 1.

13 (1) Employment by the Commission is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply.

(2) The Commission must pay to the Minister for the Civil Service the sums determined by the Minister in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act.

(3) In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of the Act may apply), at the end of the list of “Royal Commissions and other Commissions” insert—

“House of Lords Appointments Commission.”

14 (1) The Commission may delegate functions to any of the Commission’s staff, other than the functions listed in paragraph 9(5).

(2) A committee or sub-committee may delegate functions (including functions delegated to it) to any of the Commission’s staff.

(3) A Commissioner may delegate functions (including functions delegated to the Commissioner) to any of the Commission’s staff.

(4) The chief executive may delegate functions (including functions delegated to the chief executive) to any of the Commission’s staff.

15 (1) Section 1(2) of the Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another officer of the Crown etc.) has effect as if the reference to an officer of Commission’s chief executive.

(2) Any administration function conferred on the chief executive under section 1(2) of that Act (in accordance with sub-paragraph (1)) may be carried out by, or by employees of, any person authorised by the chief executive.

(3) “Administration function” means a function of administering schemes made under section 1 of that Act, and form time to time in force.

(4) Under sub-paragraph (2) the chief executive may authorise a person to carry out administration functions—

(a) to their full extent or to a specified extent;

(b) in all cases or in specified cases;

(c) unconditionally or subject to specified conditions.

(5) An authorisation under sub-paragraph (2)—

(a) is to be treated for all purposes as given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).

(b) may be revoked at any time by the Commission or the chief executive.

16 (1) The Commission, its members and its staff are not to be regarded—

(a) as the servants or agents of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Commission’s property is not to be regarded as property of, or property held on behalf of, the Crown.

17 (1) The Commission’s expenditure is to be paid out of money provided by Parliament.

(2) For each financial year other than its first, the Commission must prepare an estimate of the Commission’s use of resources and submit it to the Joint Committee.

(3) The Joint Committee must review the estimate and decide whether it is satisfied that the estimate is consistent with the efficient and cost-effective discharge by the Commission of its functions.

(4) If not so satisfied, the Joint Committee must make such modifications to the estimate as it considers necessary for achieving that consistency.

(5) Before deciding whether it is satisfied or making modifications, the Joint Committee must consult the Treasury and have regard to any advice given.

(6) After the Joint Committee has reviewed the estimate and made any modifications, the person who chairs the Joint Committee must lay the estimate before the House of Commons.

(7) If the Joint Committee does not follow any advice given by the Treasury, or makes any modifications to the estimate, it must prepare a statement of it’s the statement before the House of Commons.

18 (1) The Commission must keep proper accounting records.

(2) The Commission must, for each financial year, prepare accounts in accordance with directions given to it by the Treasury.

(3) The Treasury may in particular give the Commission directions as to—

(a) the information to be contained in the accounts and how it is to be presented.

(b) the methods and principles in accordance with which the accounts are to be prepared, and

(c) any additional information that is to accompany the accounts.

(4) The Commission’s chief executive is to be its accounting officer.

19 (1) As soon as reasonably practicable after the end of each financial year the Commission must submit its accounts for that year to the Comptroller and Auditor General and to the Joint Committee.

(2) The Comptroller and Auditor General must—

(a) examine and certify the accounts submitted under this paragraph, and

(b) lay before each House of Parliament a copy of the certificate and the accounts together with the report on them.

20 (1) As soon as reasonably practicable after the end of each financial year the Commission must prepare a report about the performance of its functions during that year.

(2) The person who chairs the Joint Committee must lay the report before each House of Parliament.

(3) When the report has been laid before each House the Commission must publish it.

21 (1) A document purporting to be duly executed under the seal of the Commission or signed on its behalf—

(a) is to be received in evidence, and

(b) unless the contrary is proved, is to be taken to be executed or signed in that way.

(2) This paragraph does not extend to Scotland.

22 (1) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—

“The House of Lords Appointments Commission.”

(2) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—

“The House of Lords Appointments Commission.”

23 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities), the entry for “The House of Lords Appointments Commission” is to be treated as a reference to the Commission.

24 In Schedule 1 to the Public Records Act 1958 (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—

“The House of Lords Appointments Commission.”

25 In this Schedule “financial year” means—

(a) the period beginning with the day on which the Commission is established and ending with the next following 31 March, and

(b) each successive period of 12 months.”

Insert the following new Schedule—

1 (1) The Joint Committee is to consist of the following—

(a) a Minister of the Crown with responsibilities in relation to constitutional matters who is a member of the House of Commons;

(b) four members of the House of Lords who are not Ministers of the Crown;

(c) four members of the House of Commons who are not Ministers of the Crown;

(d) the person who chairs the relevant committee of the House of Lords;

(e) the person who chairs the relevant committee of the House of Commons.

(2) Members of the Joint Committee are to be appointed—

(a) for the purposes of sub-paragraph (1)(a) by the Prime Minister,

(b) for the purposes of sub-paragraph (1)(b) by the House of Lords, and

(c) for the purposes of sub-paragraph (1)(c) by the House of Commons.

(3) The Joint Committee is to select one of its members to chair it.

(4) For the purposes of sub-paragraph (1)(d) and (e), the relevant committee of the House of Lords or the House of Commons is the committee of that House concerned with constitutional matters, so far as relating to membership of the House of Lords.

(5) Any question arising under sub-paragraph (4) is to be determined by the Speaker of the House in question.

2 (1) In this paragraph “appointed member of the Joint Committee” means a member appointed under paragraph 1(2).

(2) Except as provided by this paragraph, an appointed member of the Joint Committee is a member of the Joint Committee for the remainder of the Parliament in which the person is appointed.

(3) If an appointed member of the Joint Committee who is a member of the House of Lords ceases to be a member of that House, that person ceases to be member of the Joint Committee.

(4) If an appointed member of the Joint Committee who is a member of the House of Commons ceases to be a member of that House, that person ceases to be a member of the Joint Committee.

(5) If an appointed member of the Joint Committee within paragraph 1(1)(b) or (c) becomes a Minister of the Crown, that person ceases to be a member of the Joint Committee.

(6) An appointed member of the Joint Committee ceases to be a member of the Joint Committee if another person is appointed in that person’s place.

(7) An appointed member of the Joint Committee may resign from the Joint Committee by notifying the Committee of the resignation.

(8) An appointed member of the Joint Committee may be reappointed (more than once).

3 (1) The Joint Committee may establish sub-committees.

(2) The validity of proceedings of the Joint Committee or a sub-committee is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment of a member.”

Line 1, leave out from beginning to second “to” in line 2

Line 1, leave out from “provision” to second “to” in line 2.

Line 2, after “creation” insert “and continuation”

Line 3, leave out “hereditary” and insert “a”