Equality (Titles) Bill (HL Bill 12)

1 Female heirs to be eligible to succeed to hereditary peerages or hereditary
titles

Any hereditary peerage in the peerage of England, Scotland, Great Britain or
the United Kingdom (whatever the terms of the letters patent, Act of
5Parliament or other instrument, if any, creating, or determining the succession
of, that peerage) (“hereditary peerage”) or hereditary title may be succeeded by
a female heir provided the requirements of section 2 have been fulfilled.

2 Requirements for succession by female heirs

The requirements of this section are that—

(a) 10the incumbent of a hereditary peerage or hereditary title (“the
incumbent”) has, in accordance with the requirements of section 3,
petitioned the Lord Chancellor in writing for a certificate establishing
future succession;

(b) a certificate has been issued in accordance with section 4; and

(c) 15any female heir succeeding to that hereditary peerage or hereditary
title—

(i) has attained the age of 21 years; and

(ii) has satisfied the Lord Chancellor that she is the oldest surviving
child legitimately born to the incumbent.

3 Petition by the incumbent

(1) An incumbent may petition the Lord Chancellor for a certificate under section
2 provided that he has taken all reasonable steps—

(a) to discuss his intention to present such a petition with any legitimate
5children he has; and

(b) sent a draft of such a petition to any such children.

(2) A petition under section 2 must be accompanied by—

(a) a declaration by the incumbent of his wish to be succeeded by any
female heir who would be eligible to succeed under that section;

(b) 10documentation to establish any female heir’s right to succeed to the
peerage or title in accordance with the provisions of section 2 and a
declaration of that female heir’s right to succeed to the peerage or title
made by someone who is well acquainted with the incumbent and his
family; and

(c) 15where the incumbent also has a son or sons, evidence that reasonable
efforts have been made to inform the son or sons of the petition and to
provide the son or sons with a copy of the petition and associated
documents prior to its submissions.

(3) Any document or declaration under subsection (2) shall be endorsed by a
20solicitor, Justice of the Peace or a Notary Public.

4 Processing of petitions

(1) Within one week of receipt of a petition under section 2, the Lord Chancellor
shall publish the name of the petitioner and the details of the hereditary
peerage or hereditary title that is the subject of the petition.

(2) 25Any legitimate child of the incumbent of that peerage or title may lodge an
objection (“an objection”) in response to that petition within three months of its
publication.

(3) An objection must—

(a) set out the reasons for the objection; and

(b) 30provide any available documentary evidence to support the objection,
including, if desired, a declaration made by someone who is well
acquainted with the incumbent and his or her family, before a solicitor,
Justice of the Peace or a Notary Public.

(4) In considering an objection, the Lord Chancellor—

(a) 35may invite the persons who submitted the petition and objection or
objections, and any person appointed by them to represent them, to
appear in person or to submit further supporting documentation; and

(b) shall have regard to whether it would be grossly inequitable to allow
the provisions of section 1 to apply to the peerage or title in question,
40and in particular to—

(i) the financial consequences of so doing for the child making the
objection; and

(ii) whether or not the succession had previously been promised to
the child making the objection.

(5) 45The Lord Chancellor shall publish his decision in the case of an objection and
give his reasons not later than 12 weeks after it is lodged.

(6) Where the Lord Chancellor is satisfied that all the conditions of section 2 have
been met and no objection has been lodged under section 3, or any such
objection has not been upheld, the Lord Chancellor shall issue a certificate to
that effect.

(7) 5Where the Lord Chancellor upholds an objection, succession shall continue
according to the letters patent, Act of Parliament or other instrument, if any,
creating, or determining the succession of, that peerage or title.

(8) In the event that an incumbent dies after a petition has been submitted, the
hereditary peerage or title shall be vacant until the Lord Chancellor has issued
10a certificate or upheld an objection under this Act.

(9) A decision by the Lord Chancellor under this section is conclusive.

5 Effects of hereditary peerage succession under this Act

A woman who is, under the provisions of this Act, the holder of a hereditary
peerage in the peerage of England, Scotland, Great Britain or the United
15Kingdom shall (whatever the terms of the letters patent, Act of Parliament or
other instrument, if any, creating, or determining the succession of, that
peerage)—

(a) have the same right to receive writ of summons to attend the House of
Lords, and to sit and vote in that House as a man holding that peerage;

(b) 20be subject to the same disqualifications in respect of membership of the
House of Commons and elections to that House as a man holding that
peerage;

(c) have all right or interest to or in the peerage, and all titles, rights, offices,
privileges and precedence attaching thereto; and

(d) 25have any right, interest or power (whether arising before or after
succession in accordance with the provisions of this Act) in or over any
estates or other property limited or settled to devolve with that
peerage.

6 Effects of hereditary title succession under this Act

30A woman who is, under the provisions of this Act, the holder of a hereditary
title shall—

(a) have all right or interest to or in the title, and all rights, offices,
privileges and precedence attaching thereto; and

(b) have any right, interest or power (whether arising before or after
35succession in accordance with the provisions of this Act) in or over any
estates or other property limited or settled to devolve with that title.

7 Succession: further provision

(1) Where a female heir succeeds to a hereditary peerage or hereditary title under
the provisions of this Act—

(a) 40succession shall proceed thereafter as though section 1 applies to that
peerage or title, and

(b) the provisions of section 2 shall not apply, provided that any female
heir succeeding to the peerage or title meets the requirements of section
2(c).

(2) Nothing in this Act shall accelerate the succession to any hereditary peerage or
hereditary title.

(3) Where an incumbent holds more than one hereditary peerage or hereditary
title, the provisions of this Act shall apply separately to each such peerage or
5title.

8 Provision for special remainder

(1) An incumbent may apply to the Lord Chancellor for a special remainder.

(2) Special remainders under subsection (1) may be granted for the hereditary
peerage or hereditary title to not be passed to the eldest child but to the eldest
10son.

(3) Special remainders under this section may only be applied by the incumbent
on the date on which this Act is passed.

Future holders of a hereditary peerage or hereditary title may not apply for a
special remainder under this section.

15Future holders of a hereditary peerage or hereditary title may not apply for a
special remainder under this section.

9 Entitlement of husband of women holding certain titles to the title “The
Honourable”

Any man who is, or who has been at any time (before or after the passing of
20this Act) the husband of any woman who holds a title as a peer, baronetess or
dame shall be entitled to use the courtesy title “The Honourable”.

10 Entitlement of civil partner of man or woman holding certain titles to the title
“The Honourable”

Any person who is, or who has been at any time (before or after the passing of
25this Act) the civil partner of any man or woman who holds a title as a peer,
baronet, baronetess, knight or dame shall be entitled to use the courtesy title
“The Honourable”.

11 Interpretation

In this Act—

• 30“hereditary titles” refer to baronet, baronetess and any other hereditary
  title within the United Kingdom;

• references to a “peer”, “baronet”, “baronetess”, “knight” or “dame” are
  references to peerage and other titles conferred within the United
  Kingdom or of any of its constituent parts or a title within the peerage
  35of Ireland;

• “husband” and “civil partner” refer to husbands or civil partners
  recognised under the law of any part of the United Kingdom.

12 Short title, commencement and extent

(1) This Act may be cited as the Equality (Titles) Act 2013.

(2) 40This Act shall come into force on the day on which it is passed.

(3) This Act extends to the United Kingdom.