|
| |
| |
| |
| |
Conditions for removal of members of the House of Lords etc |
| |
| |
| |
Condition 1: serious criminal offence |
| 5 |
1 (1) | Condition 1 is met if a person— |
| |
(a) | is convicted of an offence committed after section 27 comes into |
| |
| |
(b) | is sentenced or ordered to be imprisoned or detained for that offence |
| |
indefinitely or for more than one year, and |
| 10 |
(c) | is imprisoned or detained in pursuance of that sentence or order or |
| |
would have been were the person not unlawfully at large. |
| |
(2) | This condition is met when the person is first imprisoned or detained after |
| |
conviction in pursuance of the sentence or order or would have been were |
| |
the person not unlawfully at large. |
| 15 |
(3) | The cases covered by this condition include cases in which— |
| |
(a) | a person is convicted of an offence committed outside the United |
| |
| |
(b) | anything mentioned in sub-paragraph (1)(a) to (c) occurs outside the |
| |
| 20 |
(4) | An act punishable under the law of a country or territory outside the United |
| |
Kingdom constitutes an offence for the purposes of this Schedule (however |
| |
it is described in that law). |
| |
Condition 2: bankruptcy restrictions orders etc |
| |
2 | Condition 2 is met if and when— |
| 25 |
(a) | a bankruptcy restrictions order or undertaking (but not an interim |
| |
order) under any of the following comes into force in relation to a |
| |
| |
(i) | Schedule 4A to the Insolvency Act 1986 (c. 45); |
| |
(ii) | section 56A or 56G of the Bankruptcy (Scotland) Act 1985 |
| 30 |
| |
(iii) | Schedule 2A to the Insolvency (Northern Ireland) Order 1989 |
| |
(S.I. 1989/2405 (N.I. 19)), or |
| |
(b) | a debt relief restrictions order or undertaking (but not an interim |
| |
order) under Schedule 4ZB to the 1986 Act comes into force in |
| 35 |
| |
| |
Supplementary provision for section 27(2) |
| |
Supplementary provision relating to excepted hereditary peers |
| |
3 (1) | This paragraph applies if P is an excepted hereditary peer. |
| 40 |
| |
| |
|
| |
| |
(2) | P is no longer excepted from section 1 of the House of Lords Act 1999 (c. 34). |
| |
(3) | If P counted towards the limit under section 2(2) of the 1999 Act, that limit is |
| |
| |
Supplementary provision relating to life peers |
| |
4 (1) | This paragraph applies if P is a life peer. |
| 5 |
(2) | P ceases to be disqualified by virtue of P’s peerage for— |
| |
(a) | voting at elections to the House of Commons, or |
| |
(b) | being, or being elected as, a member of that House. |
| |
Representation of the People Act 1985 (c. 50) |
| |
5 | In relation to P, any reference in section 1(3) or (4)(b) of the Representation |
| 10 |
of the People Act 1985 to a register of parliamentary electors is to be read as |
| |
| |
(a) | any register of local government electors in Great Britain, and |
| |
(b) | any register of local electors in Northern Ireland, |
| |
| which was required to be published on any date before the relevant event |
| 15 |
| |
| |
6 (1) | Sub-paragraph (2) applies if, after the relevant event occurs, a peerage under |
| |
the Life Peerages Act 1958 (c. 21) is conferred on P. |
| |
(2) | Section 27(2) does not stop P being entitled to receive writs of summons to |
| 20 |
attend the House of Lords by virtue of that peerage. |
| |
(3) | Sub-paragraph (4) applies if, after the relevant event occurs, P becomes the |
| |
person who is to hold the office of Earl Marshal or perform the office of Lord |
| |
| |
(4) | Section 27(2) does not stop P being entitled to receive writs of summons to |
| 25 |
attend the House of Lords by virtue of the peerage that led to P becoming |
| |
the person who is to hold or perform the office in question. |
| |
| |
Reversal of effect of section 27(2) |
| |
| 30 |
7 (1) | If the relevant event is the meeting of condition 1, P may make a claim for |
| |
the effect of section 27(2) above to be reversed if— |
| |
(a) | the conviction is overturned or quashed, or |
| |
(b) | as a result of a determination that P should not have been sentenced |
| |
or ordered to be imprisoned or detained for the offence indefinitely |
| 35 |
or for more than one year, the sentence or order is changed so that |
| |
the requirements of paragraph 1(1)(b) are no longer met. |
| |
(2) | If the relevant event is the meeting of condition 2, P may make a claim for |
| |
the effect of section 27(2) to be reversed if (as the case may be)— |
| |
| |
| |
|
| |
| |
(a) | the bankruptcy restrictions order or undertaking is annulled |
| |
| |
(i) | paragraph 9(3)(a) or 10 of Schedule 4A to the Insolvency Act |
| |
| |
(ii) | section 56E(3)(a), 56G(5)(a) or 56J of the Bankruptcy |
| 5 |
(Scotland) Act 1985 (c. 66), or |
| |
(iii) | paragraph 9(3)(a) or 10 of Schedule 2A to the Insolvency |
| |
(Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), |
| |
(b) | the bankruptcy restrictions order or the debt relief restrictions order |
| |
is annulled on an appeal against the making of the order, |
| 10 |
(c) | the debt relief restrictions order or undertaking is annulled by a |
| |
direction under paragraph 10 of Schedule 4ZB to the 1986 Act, or |
| |
(d) | the debt relief restrictions undertaking is annulled under paragraph |
| |
9(3)(a) of Schedule 4ZB to the 1986 Act. |
| |
(3) | The claim is made by notice to the Lord Chancellor who must give notice of |
| 15 |
| |
(4) | The Lord Chancellor must then— |
| |
(a) | decide if the claim is justified, |
| |
(b) | sign a certificate of the Lord Chancellor’s decision, and |
| |
(c) | send a copy of the certificate to P and the Clerk of the Parliaments. |
| 20 |
(5) | If the Lord Chancellor decides that the claim is justified, the effect of section |
| |
27(2) (including Part 2 of this Schedule as relevant) is reversed from the day |
| |
after the day on which the certificate is signed. |
| |
(6) | P may not make a claim under this paragraph if P has disclaimed under |
| |
section 30 the peerage by virtue of which P was entitled to receive writs of |
| 25 |
summons to attend the House of Lords. |
| |
8 | In paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (c. 4) |
| |
after the entry relating to the Tribunals, Courts and Enforcement Act 2007 |
| |
| |
“Constitutional Reform and Governance Act 2009 |
| 30 |
| Paragraph 7 of Schedule 3”. |
| |
Convictions outside the United Kingdom |
| |
9 (1) | This paragraph applies if— |
| |
(a) | the relevant event is the meeting of condition 1, and |
| |
(b) | it is met by virtue of a sentence or order given or made outside the |
| 35 |
| |
(2) | The effect of section 27(2) (including Part 2 of this Schedule as relevant) is |
| |
reversed if the House of Lords resolves that, for the purposes of this |
| |
paragraph, P is to be treated as not having been the subject of the sentence |
| |
| 40 |
(3) | The reversal has effect from the day after the day on which the resolution is |
| |
| |
(4) | A resolution may not be passed if P has disclaimed under section 30 the |
| |
peerage by virtue of which P was entitled to receive writs of summons to |
| |
attend the House of Lords. |
| 45 |
| |
| |
|
| |
| |
| |
| |
Amendment to Part 2 of the Public Order Act 1986 etc |
| |
Public Order Act 1986 (c. 64) |
| |
1 | After section 14 insert— |
| |
“14ZA | Access to and from the Palace of Westminster |
| 5 |
(1) | This section applies in relation to— |
| |
(a) | a public procession which is being held (or is intended to be |
| |
held) where the route (or the proposed route) is wholly or |
| |
partly within the area around Parliament (see section 14ZB), |
| |
| 10 |
(b) | a public assembly which is being held, or is intended to be |
| |
held, wholly or partly within that area. |
| |
(2) | The senior police officer may give directions imposing on the |
| |
persons organising or taking part in the procession or assembly such |
| |
conditions as, in the officer’s reasonable opinion, are necessary for |
| 15 |
ensuring that the specified requirements (see subsection (3)) are met. |
| |
(3) | For the purposes of subsection (2) the Secretary of State may by order |
| |
made by statutory instrument specify requirements that must be met |
| |
in relation to the maintaining of access to and from the Palace of |
| |
| 20 |
(4) | They may include (for example) requirements as to the number or |
| |
location of entrances to the Palace of Westminster— |
| |
(a) | which must be kept open, and |
| |
(b) | to and from which there must be access routes for pedestrians |
| |
and vehicles through the area around Parliament. |
| 25 |
(5) | An order under this section may confer discretions on the senior |
| |
| |
(6) | A statutory instrument containing an order under this section is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| 30 |
(7) | In relation to a public procession, the conditions that may be |
| |
imposed under this section include conditions as to the route of the |
| |
procession or prohibiting it from entering any public place specified |
| |
| |
(8) | In relation to a public assembly, the conditions that may be imposed |
| 35 |
under this section are limited to conditions as to the place at which |
| |
the assembly may be (or continue to be) held, its maximum duration |
| |
and the maximum number of persons who may constitute it. |
| |
(9) | “The senior police officer” is to be construed in accordance with |
| |
section 12(2) or 14(2) (as the case may be); and directions are to be |
| 40 |
given in accordance with section 12(3) or 14(3) if applicable. |
| |
(10) | Subsections (4) to (10) of section 12 or subsections (4) to (10) of section |
| |
14 (as the case may be) apply in relation to conditions imposed under |
| |
| |
| |
|
| |
| |
this section as they apply in relation to conditions imposed under |
| |
| |
(11) | Nothing in this section limits what can be done under section 12(1) |
| |
| |
14ZB | The area around Parliament |
| 5 |
(1) | For the purposes of section 14ZA “the area around Parliament” |
| |
means the area specified as such by the Secretary of State by order |
| |
made by statutory instrument. |
| |
(2) | The area may be specified by description, by reference to a map or in |
| |
| 10 |
(3) | No point in the area specified may be more than 250 metres in a |
| |
straight line from the point nearest to it in Parliament Square. |
| |
(4) | A statutory instrument containing an order under this section is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| 15 |
14ZC | Special provision if a House meeting outside Palace of Westminster |
| |
(1) | The Secretary of State may by order made by statutory instrument |
| |
specify, for the purposes of this section— |
| |
(a) | a building situated outside the Palace of Westminster, and |
| |
(b) | an area, no point in which is more than 250 metres in a |
| 20 |
straight line from the point nearest to it on the specified |
| |
| |
(2) | The area may be specified by description, by reference to a map or in |
| |
| |
(3) | The following subsections apply in relation to— |
| 25 |
(a) | a public procession which is being held (or is intended to be |
| |
held) where the route (or the proposed route) is wholly or |
| |
partly within the specified area, or |
| |
(b) | a public assembly which is being held, or is intended to be |
| |
held, wholly or partly within the specified area. |
| 30 |
(4) | The senior police officer may give directions imposing on the |
| |
persons organising or taking part in the procession or assembly such |
| |
conditions as, in the officer’s reasonable opinion, are necessary for |
| |
ensuring that the specified requirements (see subsection (5)) are met. |
| |
(5) | For the purposes of subsection (4) the Secretary of State may by order |
| 35 |
made by statutory instrument specify requirements that must be met |
| |
in relation to the maintaining of access to and from the specified |
| |
building during any week in which the specified building is, or is |
| |
planned to be, used by a House of Parliament for the purpose of |
| |
holding meetings of the House or of any of its committees (including |
| 40 |
| |
(6) | “Week” means any period of 7 days starting with a Sunday. |
| |
(7) | The requirements may include (for example) requirements as to the |
| |
number or location of entrances to the specified building— |
| |
(a) | which must be kept open, and |
| 45 |
| |
| |
|
| |
| |
(b) | to and from which there must be access routes for pedestrians |
| |
and vehicles through the specified area. |
| |
(8) | An order under subsection (5) may confer discretions on the senior |
| |
| |
(9) | A statutory instrument containing an order under this section is |
| 5 |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
(10) | Subsections (7) to (11) of section 14ZA apply for the purposes of this |
| |
section as they apply for the purposes of that section.” |
| |
Noise and Statutory Nuisance Act 1993 (c. 40) |
| 10 |
2 | In paragraph 1(1) of Schedule 2 (which is about consents for the operation of |
| |
loudspeakers) omit “or of section 137(1) of the Serious Organised Crime and |
| |
| |
Serious Organised Crime and Police Act 2005 (c. 15) |
| |
3 | In the Table in section 175(3) (transitional provision relating to offences) |
| 15 |
omit the entries relating to section 136. |
| |
Serious Crime Act 2007 (c. 27) |
| |
4 | Omit paragraph 64 of Schedule 6. |
| |
| |
5 (1) | The public assemblies in relation to which section 14 of the Public Order Act |
| 20 |
1986 (c. 64) applies by virtue of the repeal of section 132(6) of the Serious |
| |
Organised Crime and Police Act 2005 by section 32(1) of this Act include (in |
| |
particular) public assemblies which started, or were being organised, before |
| |
section 32(1) comes into force. |
| |
(2) | The public processions and assemblies in relation to which sections 14ZA to |
| 25 |
14ZC of the Public Order Act 1986 apply include (in particular) public |
| |
processions and assemblies which started, or were being organised, before |
| |
paragraph 1 of this Schedule comes into force. |
| |
(3) | In this paragraph references to public processions and assemblies include |
| |
references to processions and assemblies which are intended to be held. |
| 30 |
| |
| |
Judicial appointments etc |
| |
| |
1 | In section 21(5) (appointment of Recorders) for “subsection (4)” substitute |
| |
| 35 |
| |
| |
|
| |
| |
Constitutional Reform Act 2005 (c. 4) |
| |
2 (1) | Amend section 26 as follows. |
| |
(2) | In subsection (2) for “the Prime Minister” substitute “the Lord Chancellor”. |
| |
| |
(4) | In subsection (4) for “his name is notified to the Prime Minister for an” |
| 5 |
substitute “the person is recommended for”. |
| |
3 (1) | Amend section 29 as follows. |
| |
(2) | In subsections (2)(a), (3)(a) and (4) for “notify” substitute “recommend”. |
| |
(3) | In subsection (4) for “notification” substitute “recommendation”. |
| |
(4) | In subsection (5) for “notify that person’s name to the Prime Minister” |
| 10 |
substitute “recommend that person for appointment”. |
| |
(5) | In subsection (6) for “notifying a selection” to the end substitute |
| |
“recommending a selection are references to the Lord Chancellor |
| |
recommending the selected person for appointment”. |
| |
4 | In section 60(5) for “notifying” substitute “recommending”. |
| 15 |
5 (1) | Amend section 96 as follows. |
| |
(2) | In subsection (2)(b) after “selected” insert “(“the candidate”)”. |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | Before making the appointment or recommendation the Lord |
| |
Chancellor may act under subsection (2B) or (3) (or both). |
| 20 |
(2B) | The Lord Chancellor may request the candidate— |
| |
(a) | to provide the Lord Chancellor with the information |
| |
specified in the request relating to the candidate’s physical or |
| |
| |
(b) | to do so within the period specified in the request.” |
| 25 |
(4) | For subsection (3) substitute— |
| |
“(3) | The Lord Chancellor may— |
| |
(a) | request the candidate to undergo, in accordance with |
| |
arrangements made by the Lord Chancellor, any assessment |
| |
of the candidate’s physical or mental condition that the Lord |
| 30 |
Chancellor considers appropriate, and |
| |
(b) | arrange for a report of the assessment to be provided to the |
| |
| |
| |
(a) | in paragraph (a) for “that he is not satisfied” to the end substitute |
| 35 |
“under subsection (4A)”, and |
| |
(b) | in paragraphs (b) and (c) for “person selected” substitute |
| |
| |
| |
| |
|
