Equality (Titles) Bill [HL]

marshalled
list of Amendments
to be moved
in committee

[Amendments marked * are new or have been altered]

Clause 1

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

1

Page 1, line 3, after first “peerage” insert “or baronetcy”

THE EARL OF ERROLL

2

Page 1, line 3, after first “peerage” insert “or baronetcy, or other heritable office of
the Crown or State,”

THE EARL OF CLANCARTY

[As an amendment to Amendment 2]

3*


Line 1, after “baronetcy,” insert “or bearers of arms,”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

THE EARL OF ERROLL

4

Page 1, line 3, after “Scotland,” insert “Ireland,”

5

Page 1, line 6, after first “peerage” insert “or baronetcy”

THE EARL OF ERROLL

6

Page 1, line 6, leave out “(“hereditary peerage”) or hereditary title” and insert
“(“hereditary title”)”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

THE EARL OF ERROLL

7

Page 1, line 6, after second “peerage” insert “or baronetcy”

8

Page 1, line 6, leave out “hereditary title”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

9

Page 1, line 6, leave out “hereditary title” and insert “baronetcy or other heritable
office of the Crown or State”

THE EARL OF CLANCARTY

LORD JOPLING

LORD PANNICK

10

Page 1, line 6, leave out from “title” to end of line 7 and insert “will be succeeded
2by a living heir regardless of gender on the death of the present incumbent”

THE EARL OF CAITHNESS

[As an amendment to Amendment 10]

11*


Line 2, after “heir” insert “which, in Scotland, shall include any child born to the
incumbent and legitimised by marriage,”

THE EARL OF ERROLL

12

Page 1, line 6, leave out “may” and insert “shall”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

THE EARL OF ERROLL

13

Page 1, line 7, at end insert—

“( )   Once succession has passed to a female heir, thereafter the succession shall
be in terms of the destination or limitation of the title, but with the
succession being traced without reference to gender.”

After Clause 1

LORD JOPLING

14

Insert the following new Clause—

“Definition of female heir

(1)   For the purposes of this Act “female heir” includes a daughter conceived
through the use of the gametes of both the incumbent and his wife but
carried by a surrogate mother.

(2)   The Human Fertilisation and Embryology Act 2008 is amended as follows.

(3)   After section 48(7) (effect of sections 33 to 47) insert—

“(7A)    A daughter conceived through the use of the gametes of both an
incumbent, to any dignity or title of honour, and his wife will be
regarded as a legitimate female heir to the dignity or title of honour
regardless of whether the pregnancy was carried by a surrogate
mother or the wife.””

Clause 2

THE EARL OF ERROLL

15

Page 1, line 10, leave out “hereditary peerage or”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

16

Page 1, line 10, leave out “hereditary title” and insert “baronetcy”

17

Page 1, line 10, leave out “hereditary title” and insert “baronetcy or other heritable
office of the Crown or State”

THE EARL OF ERROLL

18

Page 1, line 15, leave out “hereditary peerage or”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

19

Page 1, line 15, leave out “hereditary title” and insert “baronetcy”

20

Page 1, line 15, leave out “hereditary title” and insert “baronetcy or other heritable
office of the Crown or State”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

THE EARL OF ERROLL

21

Page 1, line 17, leave out sub-paragraph (i)

THE EARL OF ERROLL

22

Page 1, line 19, at end insert “or legitimated by subsequent marriage for the
purpose of Scottish titles”

THE EARL OF CAITHNESS

23*

Page 1, line 19, at end insert “; or

(iii)   in Scotland, has satisfied the Lord Chancellor that she is the
oldest surviving child born to the incumbent and
legitimised by marriage”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

24

Page 1, line 19, at end insert “; or

( )   where a hereditary peerage is without a male heir, that peerage
should automatically pass to the incumbent’s oldest surviving
daughter upon the incumbent’s death and should thereafter pass to
the oldest surviving child regardless of gender”

THE EARL OF ERROLL

25

Page 1, line 19, at end insert—

“( )   that there is no Heir Apparent living at the date of the passing of
this Act and at the date of death of the incumbent”

THE EARL OF CLANCARTY

LORD PANNICK

 


The above-named Lords give notice of their intention to oppose the Question that Clause 2
stand part of the Bill.

Clause 3

THE EARL OF CAITHNESS

26*

Page 2, line 5, after “has” insert “including, in Scotland, any children legitimised by
marriage”

27*

Page 2, line 6, at end insert—

“( )   Any child under the age of majority who is covered by subsection (1) shall
have an independent guardian appointed by the Lord Chancellor.”

THE EARL OF ERROLL

28

Page 2, line 11, leave out “peerage or” and insert “hereditary”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

29

Page 2, line 11, leave out “title” and insert “baronetcy”

30

Page 2, line 11, leave out “title” and insert “baronetcy or other heritable office of the
Crown or State”

THE EARL OF ERROLL

31

Page 2, line 12, leave out “peerage or” and insert “hereditary”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

32

Page 2, line 12, leave out “title” and insert “baronetcy”

33

Page 2, line 12, leave out “title” and insert “baronetcy or other heritable office of the
Crown or State”

LORD JOPLING

34

Page 2, line 20, at end insert—

“(4)   No petition under section 2 may be made in respect of any person living at
the time this Act is passed.”

THE EARL OF CLANCARTY

LORD PANNICK

 


The above-named Lords give notice of their intention to oppose the Question that Clause 3
stand part of the Bill.

Clause 4

THE EARL OF ERROLL

35

Page 2, line 23, leave out “hereditary peerage or”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

36

Page 2, line 24, leave out “hereditary title” and insert “baronetcy”

37

Page 2, line 24, leave out “hereditary title” and insert “baronetcy or other heritable
office of the Crown or State”

THE EARL OF ERROLL

38

Page 2, line 25, after “child” insert “or child legitimated by subsequent marriage for
the purpose of Scottish titles”

39

Page 2, line 25, leave out “peerage or” and insert “hereditary”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

40

Page 2, line 25, leave out “title” and insert “baronetcy”

41

Page 2, line 25, leave out “title” and insert “baronetcy or other heritable office of the
Crown or State”

THE EARL OF CAITHNESS

42*

Page 2, line 25, after “title” insert “or, in Scotland, any child born to the incumbent
and legitimised by marriage”

THE EARL OF ERROLL

43

Page 2, line 39, leave out “peerage or” and insert “hereditary”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

44

Page 2, line 39, leave out “title” and insert “baronetcy”

45

Page 2, line 39, leave out “title” and insert “baronetcy or other heritable office of the
Crown or State”

LORD LUCAS

46

Leave out Clause 4 and insert the following new Clause—

“Petitioning procedure

(1)   The petition procedure set out in section 3 shall only apply if all relevant
people have notified the Lord Chancellor in writing of their agreement for
the petition to be presented.

(2)   A relevant person under subsection (1) shall be defined as—

(a)   any sibling, child or descendant of the incumbent who could
reasonably consider themselves in line to the title, or

(b)   any person who is able to satisfy the Lord Chancellor that they have
a reasonable expectation of succeeding to the title.

(3)   The Lord Chancellor shall publish his decision within six months of a
petition being lodged.

(4)   The Lord Chancellor’s assessment of a relevant person is final and is not
subject to a right of appeal.”

THE EARL OF CLANCARTY

LORD PANNICK

 


The above-named Lords give notice of their intention to oppose the Question that Clause 4
stand part of the Bill.

Clause 5

THE EARL OF CAITHNESS

47*

Page 3, line 23, leave out paragraph (c)

THE EARL OF ERROLL

48

Page 3, line 23, leave out “offices,”

49

Page 3, line 28, at end insert “(and where such property is in trust, the trustees shall
have the power to alter the beneficiaries in order to achieve this)”

50

Page 3, line 28, at end insert—

“(e)   have all right or interest in any office descended on the same
destination as the title”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

THE EARL OF ERROLL

51

Page 3, line 28, at end insert—


2

“( )   For the avoidance of doubt, where no direct heirs to a hereditary peerage
or baronetcy exist, succession shall continue according to the limitation or
destination, but with the succession being traced without reference to
gender.”

THE EARL OF ERROLL

[As an amendment to Amendment 51]

52


Line 2, leave out “peerage or baronetcy” and insert “title”

Clause 6

THE EARL OF ERROLL

53

Page 3, line 31, after “title” insert “which is not a hereditary peerage”

THE EARL OF CAITHNESS

54*

Page 3, line 32, leave out paragraph (a)

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

 


The above-named Lords give notice of their intention to oppose the Question that Clause 6
stand part of the Bill.

Clause 7

THE EARL OF CLANCARTY

LORD PANNICK

55

Page 3, line 38, leave out subsection (1)

THE EARL OF ERROLL

56

Page 3, line 38, leave out “hereditary peerage or”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

57

Page 3, line 38, leave out “hereditary title” and insert “baronetcy”

58

Page 3, line 38, leave out “hereditary title” and insert “baronetcy or other heritable
office of the Crown or State”

THE EARL OF ERROLL

59

Page 3, line 41, leave out “peerage or” and insert “hereditary”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

60

Page 3, line 41, leave out “title” and insert “baronetcy”

61

Page 3, line 41, leave out “title” and insert “baronetcy or other heritable office of the
Crown or State”

THE EARL OF CAITHNESS

62*

Page 3, line 42, leave out paragraph (b)

THE EARL OF ERROLL

63

Page 3, line 43, leave out “peerage or” and insert “hereditary”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

64

Page 3, line 43, leave out “title” and insert “baronetcy”

65

Page 3, line 43, leave out “title” and insert “baronetcy or other heritable office of the
Crown or State”

THE EARL OF ERROLL

66

Page 4, line 1, leave out “hereditary peerage or”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

67

Page 4, line 2, leave out “hereditary title” and insert “baronetcy”

68

Page 4, line 2, leave out “hereditary title” and insert “baronetcy or other heritable
office of the Crown or State”

LORD LUCAS

69

Page 4, line 2, at end insert “subject to the provisions set out in this section”

70

Page 4, line 2, at end insert—

“(2A)    Nothing in this Act shall apply automatically to any person living at the
time this Act is passed.

(2B)   Any person covered by subsection (2A) who wishes part or all of this Act
to apply to them may opt-in to the relevant provisions by notifying the
Lord Chancellor in writing.

(2C)   The provisions of this Act shall apply automatically to any person born
after this Act is passed.”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

71

Page 4, line 2, at end insert—

“( )   Nothing in this Act shall displace an heir apparent who is living at the time
this Act is passed.”

THE EARL OF CAITHNESS

72*

Page 4, line 2, at end insert—

“( )   The doctrine of abeyance in England, Ireland and the United Kingdom
shall be abolished from the date on which this Act is passed.”

THE EARL OF ERROLL

73

Page 4, line 3, leave out “hereditary peerage or”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

74

Page 4, line 3, leave out “hereditary title” and insert “baronetcy”

75

Page 4, line 3, leave out “hereditary title” and insert “baronetcy or other heritable
office of the Crown or State”

THE EARL OF CAITHNESS

76*

Page 4, line 4, leave out from “title” to end of line 5 and insert “the incumbent can
make over a second or subsequent peerage to another son or daughter of their
choosing”

THE EARL OF CLANCARTY

LORD PANNICK

77

Page 4, line 4, leave out “separately to each such peerage or title” and insert “to all”

THE EARL OF ERROLL

78

Page 4, line 4, leave out “peerage or” and insert “hereditary”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

79

Page 4, line 5, leave out “title” and insert “baronetcy”

80

Page 4, line 5, leave out “title” and insert “baronetcy or other heritable office of the
Crown or State”

Clause 8

THE EARL OF ERROLL

81

Page 4, line 8, leave out “hereditary peerage or”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

82

Page 4, line 9, leave out “hereditary title” and insert “baronetcy”

83

Page 4, line 9, leave out “hereditary title” and insert “baronetcy or other heritable
office of the Crown or State”

THE EARL OF ERROLL

84

Page 4, line 11, leave out “by” and insert “for by the person who is”

85

Page 4, leave out lines 13 and 14

86

Page 4, line 13, leave out “hereditary peerage or”

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

87

Page 4, line 13, leave out “hereditary title” and insert “baronetcy”

88

Page 4, line 13, leave out “hereditary title” and insert “baronetcy or other heritable
offices of the Crown or State”

THE EARL OF CAITHNESS

89*

Page 4, line 14, at end insert—

“( )   Holders of a Scottish hereditary peerage may apply to the Lord Chancellor
to resign their peerage for a regrant with a different special remainder.”

THE EARL OF CLANCARTY

LORD PANNICK

 


The above-named Lords give notice of their intention to oppose the Question that Clause 8
stand part of the Bill.

Clause 9

THE EARL OF ERROLL

90

Page 4, line 19, leave out ““The Honourable”” and insert “which is of equivalent
rank”

After Clause 10

LORD TREFGARNE

91

Insert the following new Clause—

“Baronetcies

For the avoidance of doubt, the provisions of this Act do not extend to
baronetcies.”

Clause 11

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

92

Page 4, leave out lines 28 and 29

THE EARL OF ERROLL

93

Page 4, line 28, leave out from “titles”” to end of line 29 and insert “has the meaning
defined in section 1”

Clause 12

LORD TREFGARNE

94

Page 4, line 39, leave out “the United Kingdom” and insert “England”

In the Title

THE EARL OF CAITHNESS

LADY SALTOUN OF ABERNETHY

95

Line 1, leave out “titles” and insert “peerages and baronetcies”

96

Line 1, leave out “titles” and insert “peerages and baronetcies and other heritable
offices of the Crown or State”

LORD JOPLING

97

Line 1, after “titles;” insert “for a daughter who is carried by a surrogate mother but
is the genetic child of the incumbent and his wife to be a legitimate heir;”

Prepared 5th December 2013