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 5 — The House of Lords
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(3C)
This section applies to a person who is a Representative immediately
before the end of a five-year period, and either—
(a)
does not stand for election to the European Parliament at the
general election of representatives to the European Parliament
held in that period, or
5
(b)
does so stand at that election (whether for the same or a
different electoral region) and is not elected.
(3D)
A scheme made by the IPSA under this section may amend or revoke
any previous scheme made by the IPSA under this section.”
(3)
Omit section 3A (power to amend section 3).
10
(4)
In section 7(1)(b) (expenses and receipts) for “grant” substitute “allowance”.
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Parliamentary and other pensions
Schedule 7 (which makes provision about pensions for members of the House
of Commons, ministers and other office holders) has effect.
Part 5
15
The House of Lords
Excepted hereditary peers
51
Ending of by-elections for hereditary peers
(1)
For section 2(4) of the House of Lords Act 1999 (c. 34) substitute—
“(4)
The limit in subsection (2) is reduced by one whenever a person who
20
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
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Removal of members of the House of Lords etc
25
(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 8 is met in relation to P,
(b)
an expulsion resolution is passed in relation to P under section 53, or
(c)
P resigns from the House of Lords under section 54.
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(The conditions set out in Part 1 of Schedule 8 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—
(a)
P shall not be entitled to receive writs of summons to attend the House,
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and
(b)
any writ of summons previously issued to P has no further effect.
(3)
Part 2 of Schedule 8 supplements subsection (2).

Constitutional Reform and Governance Bill
Part 5 — The House of Lords
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(4)
Part 3 of Schedule 8 provides for the effect of subsection (2) to be reversed in
certain circumstances.
(5)
In this Part—
“excepted hereditary peer” means a person excepted from section 1 of the
House of Lords Act 1999 (c. 34) by virtue of section 2 of that Act;
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“life peer” means a person who is entitled to receive writs of summons to
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.
10
(6)
In determining whether a person is entitled to receive writs of summons for the
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
15
Disqualification) Regulations 2008 (S.I. 2008/1647);
(d)
any suspension resolution passed in relation to the person under
section 53.
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Expulsion and suspension of members of the House of Lords
(1)
Standing Orders of the House of Lords may make provision under which the
20
House may pass, in relation to a person who is an excepted hereditary peer or
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,
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(b)
that conduct warrants the loss of the person’s entitlement to receive
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—
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(a)
the House is in disrepute because of conduct of the person,
(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.
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(4)
A person in relation to whom a suspension resolution is passed shall not be a
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
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(b)
any writ of summons previously issued to the person has no effect in
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,
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in the House’s opinion, the conduct occurred.

Constitutional Reform and Governance Bill
Part 5 — The House of Lords
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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
5
provision in addition to that mentioned in the subsections above.
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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
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Parliaments.
(3)
The notice must be in writing signed by the resigning peer and by two persons
as witnesses.
(4)
On receipt of the notice, the Clerk of the Parliaments must—
(a)
sign a certificate of receipt, and
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(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
(1)
A person (“the former member”) to whom section 52 has applied may at any
time disclaim the peerage by virtue of which the former member was entitled
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to receive writs of summons to attend the House of Lords (unless the effect of
section 52(2) has been reversed under Part 3 of Schedule 8).
(2)
The former member disclaims the peerage by giving notice of the disclaimer to
the Lord Chancellor.
(3)
The notice must be in writing signed by the former member and by two
25
persons as witnesses.
(4)
On receipt of the notice, the Lord Chancellor must—
(a)
sign a certificate of receipt, and
(b)
send a copy of it to the former member.
(5)
The disclaimer takes effect on signature of the certificate.
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(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
instrument of disclaimer delivered on the day on which the disclaimer takes
effect in accordance with subsection (5) above.
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(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
precedence attaching to it, and
(b)
relieves the former member of all obligations and disabilities arising
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from it.

Constitutional Reform and Governance Bill
Part 6 — Tax status of MPs and members of the House of Lords
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(8)
The Lord Chancellor must—
(a)
keep a register containing the particulars of any disclaimer of a peerage
under this section, and
(b)
make arrangements under which the public may inspect the register.
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Supplementary provision
5
(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.
(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
10
(b)
accordingly, the person’s entitlement to receive writs of summons to
attend the House by virtue of being an archbishop or bishop.
Part 6
Tax status of MPs and members of the House of Lords
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Tax status of MPs and members of the House of Lords
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(1)
Subsection (2) applies if a person is for any part of a tax year—
(a)
a member of the House of Commons, or
(b)
a member of the House of Lords.
(2)
The person is to be treated for the purposes of the taxes listed in subsection (3)
as resident, ordinarily resident and domiciled in the United Kingdom for the
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whole of that tax year.
(3)
The taxes are—
(a)
income tax,
(b)
capital gains tax, and
(c)
inheritance tax.
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(4)
For the purposes of this section a person—
(a)
becomes a member of the House of Commons when (having been
elected to that House) the person makes and subscribes the oath
required by the Parliamentary Oaths Act 1866 (c. 19) (or the
corresponding affirmation), and
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(b)
ceases to be a member of that House when—
(i)
the Parliament to which the person was elected is dissolved, or
(ii)
the person’s seat is otherwise vacated.
(5)
For the purposes of this section and section 58 a person is a member of the
House of Lords if the person is entitled to receive writs of summons to attend
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that House.
(6)
In relation to a member of the House of Lords, in subsection (1) the reference
to any part of a tax year excludes any part of the year during which—
(a)
section 137(3) of the Constitutional Reform Act 2005 (c. 4) applies to the
member, or
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(b)
the member is entitled to receive writs of summons to attend the House
of Lords by virtue of being an archbishop or bishop.

Constitutional Reform and Governance Bill
Part 6 — Tax status of MPs and members of the House of Lords
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(7)
This section applies in relation to the tax year 2010-11 and subsequent tax
years.
(8)
But in applying this section to the tax year 2010-11—
(a)
if the Parliament in which this Act is passed is dissolved in that tax year,
ignore a person’s membership of the House of Commons in that
5
Parliament, and
(b)
in any event, ignore a person’s membership of the House of Lords at
any time before the end of the period of 3 months beginning with the
day on which section 58 comes into force.
(9)
In this section, in relation to inheritance tax—
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(a)
“tax year” means a year beginning on 6 April and ending on the
following 5 April, and
(b)
“the tax year 2010-11” means the tax year beginning on 6 April 2010.
(10)
In determining for the purposes of this section and section 58 whether a person
is entitled to receive writs of summons to attend the House of Lords, ignore—
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(a)
section 2 of the Forfeiture Act 1870 (c. 23);
(b)
sections 426A and 427 of the Insolvency Act 1986 (c. 45);
(c)
any suspension resolution passed in relation to the person under
section 53.
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Tax status of members of the House of Lords: transitional provision
20
(1)
This section applies if, before the end of the period of 3 months beginning with
the day on which this section comes into force, a member of the House of Lords
(“M”) gives written notice to the Clerk of the Parliaments that M does not want
section 57 to apply to M.
(2)
M shall not be a member of the House of Lords at any time after the notice is
25
given and accordingly—
(a)
M shall not be entitled to receive writs of summons to attend the House,
and
(b)
any writ of summons previously issued to M has no further effect.
(3)
Section 55 (disclaimer) applies to M as if M were a person to whom section 52
30
has applied.
(4)
If M is a person excepted from section 1 of the House of Lords Act 1999 (c. 34)
by virtue of section 2 of that Act—
(a)
M shall no longer be excepted from section 1 of the 1999 Act, and
(b)
if M counted towards the limit under section 2(2) of the 1999 Act, that
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limit is reduced by one.
(5)
If M is not such a person, M ceases to be disqualified by virtue of M’s peerage
(or dignity) for—
(a)
voting at elections to the House of Commons, or
(b)
being, or being elected as, a member of that House.
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(6)
In relation to M, any reference in section 1(3) or (4)(b) of the Representation of
the People Act 1985 (c. 50) to a register of parliamentary electors is to be read
as including—
(a)
any register of local government electors in Great Britain, and
(b)
any register of local electors in Northern Ireland,
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Constitutional Reform and Governance Bill
Part 8 — Human rights claims against devolved administrations
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which was required to be published on any date before the notice is given.
(7)
If, after the notice is given, a peerage under the Life Peerages Act 1958 (c. 21) is
conferred on M, subsection (2) above does not stop M being entitled to receive
writs of summons to attend the House of Lords by virtue of that peerage.
(8)
If, after the notice is given, M becomes the person who is to hold the office of
5
Earl Marshal or perform the office of Lord Great Chamberlain, subsection (2)
above does not stop M being entitled to receive writs of summons to attend the
House of Lords by virtue of the peerage that led to M becoming the person who
is to hold or perform the office in question.
(9)
A person to whom regulation 4 of the European Parliament (House of Lords
10
Disqualification) Regulations 2008 (S.I. 2008/1647) applies is to be treated as a
member of the House of Lords for the purposes of this section.
Part 7
Public order
59
Demonstrations etc in the vicinity of Parliament
15
(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).
(2)
Schedule 9 (which inserts new powers into Part 2 of the Public Order Act 1986
(c. 64) etc) has effect.
Part 8
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Human rights claims against devolved administrations
60
Time limit for human rights actions against Scottish Ministers etc
(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—
25
(a)
subsections (3A) to (3E);
(b)
in subsection (4), the words “Subject to subsection (3D),”.
(2)
The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 is
repealed.
(3)
Omit paragraph 4A of Schedule 4 to the Scotland Act 1998.
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(4)
The Scotland Act 1998 (Modification of Schedule 4) Order 2009 (S.I. 2009/1380
(S.8)) is revoked.
(5)
Subsections (1) to (4) above do not apply to any proceedings brought before
this section comes into force.
(6)
After subsection (3) of section 100 of the Scotland Act 1998 insert—
35
“(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
a member of the Scottish Executive is incompatible with the
Convention rights.
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Constitutional Reform and Governance Bill
Part 8 — Human rights claims against devolved administrations
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(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
complained of took place, or
(b)
such longer period as the court or tribunal considers equitable
5
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.
(3C)
Subsection (3B) does not apply to proceedings brought by the Lord
Advocate, the Advocate General, the Attorney General, the Attorney
10
General for Northern Ireland or the Advocate General for Northern
Ireland.
(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).
15
(3E)
In subsection (3B) “rule” has the same meaning as it has in section 7(5)
of the Human Rights Act 1998.”
(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
20
section comes into force (including proceedings in respect of an act taking
place before this section comes into force).
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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—
25
“(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
before the end of—
(a)
the period of one year beginning with the date on which the act
took place, or
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(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.
(2E)
Subsection (2D) does not apply to—
35
(a)
proceedings brought on the ground that any subordinate
legislation made, confirmed or approved by a Minister or a
Northern Ireland department is incompatible with the
Convention rights;
(b)
proceedings brought by a person mentioned in subsection (2).
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(2F)
In subsection (2D) “rule” has the same meaning as it has in section 7(5)
of the Human Rights Act 1998.”
(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).
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