197

House of Commons

Notices of Amendments

given on

Tuesday 15 December 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

1514-1529, 1531-32 (Session 2008-09)

9-10, 35, 187-88 and 189 (Session 2009-10)

Committee of the whole House

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Constitutional Reform and Governance Bill

Disqualification from membership of the House of Commons and the House of Lords on

grounds of residence and domicile for taxation purposes

Mr Gordon Prentice

Paul Flynn

David Heyes

Mr Andrew Dismore

Kelvin Hopkins

Colin Burgon

Graham Stringer

NC52

To move the following Clause:—

‘(1)	Subject to the provisions of this section, a person is disqualified from membership

of the House of Commons and House of Lords if he does not comply with the

conditions set out in subsection (2).

(2)	The conditions referred to in subsection (1) are—

(a)	that he was resident in the United Kingdom for the purposes of Part 14 of

the Income Tax Act 2007 (c. 3) for the tax year during which he was

elected or appointed and for each subsequent tax year; and

(b)	in the case of a non-domiciled United Kingdom resident, that he has not

made a claim to be taxed on the remittance basis in respect of the tax year

in which he was first elected or appointed, nor in any of the previous 10

tax years, nor in any subsequent tax year during which he was a Member

of Parliament.

(3)	Members of Parliament must submit a declaration to the relevant authority

indicating that they are in compliance with the conditions set out in subsection

(2).

(4)	A declaration under subsection (3) must be submitted to the relevant authority—

(a)	within 30 days of the date of election or appointment;

Notices of Amendments: 15 December 2009

198

Constitutional Reform and Governance Bill, continued

(b)	in the case of existing members of the House of Commons, within 30

days of the date on which this Act comes into force, and within 30 days

of their election to any subsequent Parliament; or

(c)	in the case of existing members of the House of Lords, within 30 days of

the date on which this Act comes into force, and subsequently between 1

February and 5 April in each calendar year.

(5)	Declarations must be made in accordance with arrangements made by the

relevant authorities.

(6)	Members of Parliament who do not submit a declaration in accordance with

subsections (4) and (5) shall be liable to disqualification under this section.

(7)	In sections 6 and 7 of the House of Commons Disqualification Act 1975 (c. 24),

references to that Act shall be construed as including references to the

Constitutional Reform and Governance Act 2010.

(8)	In this section—

“appointed” means to have received a writ of summons to attend the House

of Lords;

“Member of Parliament” means a member of the House of Commons or a

member of the House of Lords;

“relevant authority” means—

in the case of the House of Commons, the Speaker, and

in the case of the House of Lords, the Lord Speaker.’.

Members of House of Commons and House of Lords to be treated as domiciled in United

Kingdom (No. 2)

Mr Dominic Grieve

Mr Edward Garnier

Mrs Eleanor Laing

NC53

To move the following Clause:—

‘Any person who—

(a)	is (or is elected to serve as) a member of the House of Commons, or

(b)	when this section comes into force is a member of the House of Lords, or

(c)	subsequently becomes a member of the House of Lords,

is to be treated by Her Majesty’s Revenue and Customs as being domiciled,

resident and ordinarily resident in the United Kingdom, and will be liable to pay

United Kingdom taxes accordingly in any relevant tax accounting year in which

he holds membership of the House of Commons or the House of Lords.’.

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Revised 16 December 2009