House of Lords (Amendment) Bill (HL Bill 127)

A

BILL

[AS AMENDED ON REPORT]

TO

Make provision for permanent leave of absence from the House of Lords; and
to provide for the expulsion of members of the House of Lords in specified
circumstances.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Permanent leave of absence

1 Permanent leave of absence by reason of application

(1) The House of Lords may by Standing Order make provision for members to be
5granted permanent leave of absence.

(2) Except as provided for in subsection (3), the House shall determine such
criteria as it deems appropriate for granting such leave of absence.

(3) Permanent leave of absence may only be granted to those members who apply
for it.

2 10Permanent leave of absence by reason of failure to attend the House

(1) Any member of the House of Lords who fails to attend the House during the
course of a session, where that session exceeds more than six months in
duration, shall be deemed to have taken permanent leave of absence.

(2) Subsection (1) shall not apply to any member serving in the armed forces,
15either regular or reserve.

(3) The House of Lords may by Standing Order make provision for a member to
be excluded from the provisions of subsection (1) in such cases where the

House of Lords (Amendment) BillPage 2

member makes an application to a body stipulated by the House and where
that body deems that the reason given is reasonable for the provisions of
subsection (1) not to apply.

(4) A Member of the House of Lords who has taken leave of absence will not be
5subject to the provisions of this Part.

3 Permanent leave of absence: consequence for membership

A person granted permanent leave of absence under this Part shall no longer
be a member of the House of Lords.

4 Right to vote and stand for election to the House of Commons

10A person who ceases to be a member of the House of Lords under this Part
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.

Part 2 15Conviction of serious criminal offence

5 Conviction of serious criminal offence

A person found guilty of one or more offences (whether in the United
Kingdom or elsewhere), and sentenced or ordered to be imprisoned or
detained indefinitely or for more than one year, shall cease to be a member of
20the House of Lords.

6 Right 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 this Part
shall not, unless otherwise disqualified by another enactment, be disqualified
from—

(a) 25voting at elections to the House of Commons, or

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

Part 3 Supplementary provisions

7 Short title

30This Act may be cited as the House of Lords (Amendment) Act 2012.