Constitutional Reform and Governance Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Part 3 — The House of Lords
15

Part 3
The House of Lords
Excepted hereditary peers
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Ending of by-elections for hereditary peers
(1)
For section 2(4) of the House of Lords Act 1999 (c. 34) substitute—
5
“(4)
The limit in subsection (2) is reduced by one whenever a person who
counts towards that limit dies.”
(2)
Subsection (1) has no effect in relation to a death occurring before this section
comes into force.
Removal of members etc
10
30
Removal of members of the House of Lords etc
(1)
This section applies to a person (“P”) who is an excepted hereditary peer or a
life peer if any of the following events (“relevant events”) occurs—
(a)
a condition set out in Part 1 of Schedule 4 is met in relation to P,
(b)
an expulsion resolution is passed in relation to P under section 31, or
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(c)
P resigns from the House of Lords under section 32.

(The conditions set out in Part 1 of Schedule 4 cover serious criminal offences
and bankruptcy restrictions orders etc.)
(2)
P shall not be a member of the House of Lords at any time after the relevant
event occurs and, accordingly—
20
(a)
P shall not be entitled to receive writs of summons to attend the House,
and
(b)
any writ of summons previously issued to P has no further effect.
(3)
Part 2 of Schedule 4 supplements subsection (2).
(4)
Part 3 of Schedule 4 provides for the effect of subsection (2) to be reversed in
25
certain circumstances.
(5)
In this Part—
“excepted hereditary peer” means a person excepted from section 1 of the
House of Lords Act 1999 by virtue of section 2 of that Act;
“life peer” means a person who is entitled to receive writs of summons to
30
attend the House of Lords by virtue of a peerage under the Life
Peerages Act 1958 (c. 21) or the Appellate Jurisdiction Act 1876 (c. 59);
“peerage” includes the dignity conferred by virtue of appointment as a
Lord of Appeal in Ordinary.
(6)
In determining whether a person is entitled to receive writs of summons for the
35
purposes of the definition of “life peer”, ignore—
(a)
section 2 of the Forfeiture Act 1870 (c. 23);
(b)
sections 426A and 427 of the Insolvency Act 1986 (c. 45);
(c)
regulation 4 of the European Parliament (House of Lords
Disqualification) Regulations 2008 (S.I. 2008/1647);
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Constitutional Reform and Governance Bill
Part 3 — The House of Lords
16

(d)
any suspension resolution passed in relation to the person under
section 31.
31
Expulsion and suspension of members of the House of Lords
(1)
Standing Orders of the House of Lords may make provision under which the
House may pass, in relation to a person who is an excepted hereditary peer or
5
a life peer, an expulsion resolution or a suspension resolution.
(2)
An expulsion resolution is a resolution which states that, in the House’s
opinion—
(a)
the House is in disrepute because of conduct of the person,
(b)
that conduct warrants the loss of the person’s entitlement to receive
10
writs of summons to attend the House, and
(c)
accordingly, the person should lose that entitlement.
(3)
A suspension resolution is a resolution which states that, in the House’s
opinion—
(a)
the House is in disrepute because of conduct of the person,
15
(b)
that conduct warrants the suspension of the person’s entitlement to
receive writs of summons to attend the House, and
(c)
accordingly, the person’s entitlement should be suspended for the
period specified in the resolution.
(4)
A person in relation to whom a suspension resolution is passed shall not be a
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member of the House of Lords during the period of suspension specified in the
resolution and, accordingly—
(a)
during that period the person shall not be entitled to receive writs of
summons to attend the House, and
(b)
any writ of summons previously issued to the person has no effect in
25
relation to that period.
(5)
An expulsion resolution or a suspension resolution must specify—
(a)
the date or dates on which, or
(b)
the period or periods during which,

in the House’s opinion, the conduct occurred.
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(6)
A date specified under subsection (5) must not be earlier than the start date and
a period specified under subsection (5) must not start before the start date.
(7)
“The start date” means the date specified as such by Standing Orders which
must not be earlier than the date on which this section comes into force.
(8)
An expulsion resolution or a suspension resolution may contain other
35
provision in addition to that mentioned in the subsections above.
32
Resignation from House of Lords
(1)
A person who is an excepted hereditary peer or a life peer may at any time
resign from the House of Lords.
(2)
A peer resigns by giving notice of the peer’s resignation to the Clerk of the
40
Parliaments.
(3)
The notice must be in writing signed by the resigning peer and by two persons
as witnesses.

Constitutional Reform and Governance Bill
Part 3 — The House of Lords
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(4)
On receipt of the notice, the Clerk of the Parliaments must—
(a)
sign a certificate of receipt, and
(b)
send a copy of it to the resigning peer and to the Lord Chancellor.
(5)
The resignation takes effect on signature of the certificate.
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Disclaimer of peerage
5
(1)
A person (“the former member”) to whom section 30 has applied may at any
time disclaim the peerage by virtue of which the former member was entitled
to receive writs of summons to attend the House of Lords (unless the effect of
section 30(2) has been reversed under Part 3 of Schedule 4).
(2)
The former member disclaims the peerage by giving notice of the disclaimer to
10
the Lord Chancellor.
(3)
The notice must be in writing signed by the former member and by two
persons as witnesses.
(4)
On receipt of the notice, the Lord Chancellor must—
(a)
sign a certificate of receipt, and
15
(b)
send a copy of it to the former member.
(5)
The disclaimer takes effect on signature of the certificate.
(6)
If the former member was an excepted hereditary peer, section 3(1), (3) and (4)
of the Peerage Act 1963 (c. 48) applies in relation to the disclaimer as if the
former member disclaimed the peerage under that Act by way of an
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instrument of disclaimer delivered on the day on which the disclaimer takes
effect in accordance with subsection (5) above.
(7)
If the former member was a life peer, the disclaimer—
(a)
divests the former member (and any spouse or children) of all right to
or interest in the peerage and all titles, rights, offices, privileges and
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precedence attaching to it, and
(b)
relieves the former member of all obligations and disabilities arising
from it.
(8)
The Lord Chancellor must—
(a)
keep a register containing the particulars of any disclaimer of a peerage
30
under this section, and
(b)
make arrangements under which the public may inspect the register.
34
Supplementary provision
(1)
The proceedings of the House of Lords are not to be called into question
because of the participation of a person who should not be participating.
35
(2)
Nothing in this Part affects—
(a)
a person’s membership of the House of Lords by virtue of being an
archbishop or bishop, and
(b)
accordingly, the person’s entitlement to receive writs of summons to
attend the House by virtue of being an archbishop or bishop.
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Constitutional Reform and Governance Bill
Part 5 — Human rights claims against devolved administrations
18

Part 4
Public order
35
Demonstrations etc in the vicinity of Parliament
(1)
Omit sections 132 to 138 of the Serious Organised Crime and Police Act 2005
(c. 15) (which regulate demonstrations in the vicinity of Parliament).
5
(2)
Schedule 5 (which inserts new powers into Part 2 of the Public Order Act 1986
(c. 64) etc) has effect.
Part 5
Human rights claims against devolved administrations
36
Time limit for human rights actions against Scottish Ministers etc
10
(1)
In section 100 of the Scotland Act 1998 (c. 46) the following (as inserted by the
Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)) are
omitted—
(a)
subsections (3A) to (3E);
(b)
in subsection (4), the words “Subject to subsection (3D),”.
15
(2)
The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)
is repealed.
(3)
Omit paragraph 4A of Schedule 4 to the Scotland Act 1998.
(4)
The Scotland Act 1998 (Modification of Schedule 4) Order 2009 is revoked.
(5)
Subsections (1) to (4) above do not apply to any proceedings brought before
20
this section comes into force.
(6)
After subsection (3) of section 100 of the Scotland Act 1998 insert—
“(3A)
Subsection (3B) applies to any proceedings brought by virtue of this Act
against the Scottish Ministers or a member of the Scottish Executive in
a court or tribunal on the ground that an act of the Scottish Ministers or
25
a member of the Scottish Executive is incompatible with the
Convention rights.
(3B)
Proceedings to which this subsection applies must be brought before
the end of—
(a)
the period of one year beginning with the date on which the act
30
complained of took place, or
(b)
such longer period as the court or tribunal considers equitable
having regard to all the circumstances,

but that is subject to any rule imposing a stricter time limit in relation
to the procedure in question.
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(3C)
Subsection (3B) does not apply to proceedings brought by the Lord
Advocate, the Advocate General, the Attorney General, the Attorney
General for Northern Ireland or the Advocate General for Northern
Ireland.

Constitutional Reform and Governance Bill
Part 5 — Human rights claims against devolved administrations
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(3D)
In subsections (3A) and (3B) “act” does not include the making of any
legislation but it does include any other act or failure to act (including
a failure to make legislation).
(3E)
In subsection (3B) “rule” has the same meaning as it has in section 7(5)
of the Human Rights Act 1998.”
5
(7)
In subsection (4) of that section at the beginning insert “Subject to subsection
(3D),”.
(8)
Subsections (6) and (7) above apply to any proceedings brought after this
section comes into force (including proceedings in respect of an act taking
place before this section comes into force).
10
37
Time limit for human rights actions against Northern Ireland Ministers etc
(1)
After section 71(2C) of the Northern Ireland Act 1998 (c. 47) (human rights)
insert—
“(2D)
Section 24(1)(a) does not enable a person to bring any proceedings in a
court or tribunal in respect of an act unless the proceedings are brought
15
before the end of—
(a)
the period of one year beginning with the date on which the act
took place, or
(b)
such longer period as the court or tribunal considers equitable
having regard to all the circumstances,
20

but that is subject to any rule imposing a stricter time limit in relation
to the procedure in question.
(2E)
Subsection (2D) does not apply to—
(a)
proceedings brought on the ground that any subordinate
legislation made, confirmed or approved by a Minister or a
25
Northern Ireland department is incompatible with the
Convention rights;
(b)
proceedings brought by a person mentioned in subsection (2).
(2F)
In subsection (2D) “rule” has the same meaning as it has in section 7(5)
of the Human Rights Act 1998.”
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(2)
This section applies to any proceedings brought after this section comes into
force (including proceedings in respect of an act taking place before this section
comes into force).
38
Time limit for human rights actions against Welsh Ministers etc
(1)
Section 81 of the Government of Wales Act 2006 (c. 32) is amended as set out in
35
subsections (2) and (3).
(2)
After subsection (3) insert—
“(3A)
Subsection (1) does not enable a person to bring any proceedings in a
court or tribunal in respect of an act unless the proceedings are brought
before the end of—
40
(a)
the period of one year beginning with the date on which the act
took place, or
(b)
such longer period as the court or tribunal considers equitable
having regard to all the circumstances,

Constitutional Reform and Governance Bill
Part 6 — Courts and tribunals
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but that is subject to any rule imposing a stricter time limit in relation
to the procedure in question.
(3B)
Subsection (3A) does not apply to—
(a)
proceedings brought on the ground that any subordinate
legislation made, confirmed or approved by the Welsh
5
Ministers is incompatible with the Convention rights;
(b)
proceedings brought by a person mentioned in subsection (3).
(3C)
In subsection (3A) “rule” has the same meaning as it has in section 7(5)
of the Human Rights Act 1998.”
(3)
In subsection (5) after “Ministers” insert “(and in subsection (3B)(a) the
10
reference to the Welsh Ministers is to be read accordingly)”.
(4)
Subsections (3A) to (3C) of section 81 of the Government of Wales Act 2006
(c. 32) apply in relation to section 107(1) of the Government of Wales Act 1998
(c. 38) (so far as proceedings may be brought by virtue of it despite its repeal)
as those subsections apply in relation to section 81(1) of the 2006 Act.
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(5)
This section applies to any proceedings brought after this section comes into
force (including proceedings in respect of an act taking place before this section
comes into force).
Part 6
Courts and tribunals
20
39
Judicial appointments etc
Schedule 6 (which makes amendments relating to judicial appointments etc)
has effect.
40
Salary protection for members of tribunals
(1)
This section applies if, in accordance with the terms of a person’s appointment,
25
the person is to be paid a salary (as opposed to fees) under any of the following
provisions.
(2)
The provisions are—
(a)
section 5(1)(a), (b) or (c) of the Employment Tribunals Act 1996 (c. 17);
(b)
paragraph 10(a) of Schedule 4 to the Nationality, Immigration and
30
Asylum Act 2002 (c. 41);
(c)
paragraph 10 of Schedule 1 to the Tribunals, Courts and Enforcement
Act 2007 (c. 15);
(d)
paragraph 5(2) of Schedule 2 to that Act;
(e)
paragraph 5(2) of Schedule 3 to that Act;
35
(f)
paragraph 3(2), 5(10) or 6(6) of Schedule 4 to that Act.
(3)
The Secretary of State (with the consent of the Treasury as required) or the Lord
Chancellor (as the case may be)—
(a)
must, under the provision in question, determine the amount of the
salary to be paid to the person and pay it accordingly;
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(b)
may, under the provision in question, determine increases, but not
reductions, in the salary.