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
Schedule 8 — Conditions for removal of members of the House of Lords etc
Part 1 — Conditions for removal
92

(a)
sections 3, 4 and 6 of the European Parliament (Pay and
Pensions) Act 1979 (but not any function relating to the
administration of a scheme under section 3 or 4);
(b)
paragraphs 1, 3, 4, 6, 7 and 10 of Schedule 7 to the
Constitutional Reform and Governance Act 2010 (but not
5
any function relating to the administration of a scheme
under paragraph 3 or 7).”
Schedule 8
Section 52

Conditions for removal of members of the House of Lords etc
Part 1
10
Conditions for removal
Condition 1: serious criminal offence
1     (1)
Condition 1 is met if a person—
(a)
is convicted of an offence committed after section 52 comes into
force,
15
(b)
is sentenced or ordered to be imprisoned or detained for that offence
indefinitely or for more than one year, and
(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
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conviction in pursuance of the sentence or order or would have been were
the person not unlawfully at large.
      (3)
The cases covered by this condition include cases in which—
(a)
a person is convicted of an offence committed outside the United
Kingdom;
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(b)
anything mentioned in sub-paragraph (1)(a) to (c) occurs outside the
United Kingdom.
      (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).
30
Condition 2: bankruptcy restrictions orders etc
2
Condition 2 is met if and when—
(a)
a bankruptcy restrictions order or undertaking (but not an interim
order) under any of the following comes into force in relation to a
person—
35
(i)
Schedule 4A to the Insolvency Act 1986 (c. 45);
(ii)
section 56A or 56G of the Bankruptcy (Scotland) Act 1985
(c. 66);
(iii)
Schedule 2A to the Insolvency (Northern Ireland) Order 1989
(S.I. 1989/2405 (N.I. 19)), or
40

Constitutional Reform and Governance Bill
Schedule 8 — Conditions for removal of members of the House of Lords etc
Part 2 — Supplementary provision for section 52(2)
93

(b)
a debt relief restrictions order or undertaking (but not an interim
order) under Schedule 4ZB to the 1986 Act comes into force in
relation to a person.
Part 2
Supplementary provision for section 52(2)
5
Supplementary provision relating to excepted hereditary peers
3     (1)
This paragraph applies if P is an excepted hereditary peer.
      (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
reduced by one.
10
Supplementary provision relating to life peers
4     (1)
This paragraph applies if P is a life peer.
      (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.
15
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
of the People Act 1985 to a register of parliamentary electors is to be read as
including—
(a)
any register of local government electors in Great Britain, and
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(b)
any register of local electors in Northern Ireland,

which was required to be published on any date before the relevant event
occurs.
New peerages
6     (1)
Sub-paragraph (2) applies if, after the relevant event occurs, a peerage under
25
the Life Peerages Act 1958 (c. 21) is conferred on P.
      (2)
Section 52(2) does not stop P being entitled to receive writs of summons to
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
30
Great Chamberlain.
      (4)
Section 52(2) does not stop P being entitled to receive writs of summons to
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.

Constitutional Reform and Governance Bill
Schedule 8 — Conditions for removal of members of the House of Lords etc
Part 3 — Reversal of effect of section 52(2)
94

Part 3
Reversal of effect of section 52(2)
Claims for reversal
7     (1)
If the relevant event is the meeting of condition 1, P may make a claim for
the effect of section 52(2) to be reversed if—
5
(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
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.
10
      (2)
If the relevant event is the meeting of condition 2, P may make a claim for
the effect of section 52(2) to be reversed if (as the case may be)—
(a)
the bankruptcy restrictions order or undertaking is annulled
under—
(i)
paragraph 9(3)(a) or 10 of Schedule 4A to the Insolvency Act
15
1986 (c. 45),
(ii)
section 56E(3)(a), 56G(5)(a) or 56J of the Bankruptcy
(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)),
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(b)
the bankruptcy restrictions order or the debt relief restrictions order
is annulled on an appeal against the making of the order,
(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
25
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
receipt to P.
      (4)
The Lord Chancellor must then—
(a)
decide if the claim is justified,
30
(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.
      (5)
If the Lord Chancellor decides that the claim is justified, the effect of section
52(2) (including Part 2 of this Schedule as relevant) is reversed from the day
after the day on which the certificate is signed.
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      (6)
P may not make a claim under this paragraph if P has disclaimed under
section 55 the peerage by virtue of which P was entitled to receive writs of
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
40
insert—
“Constitutional Reform and Governance Act 2010

Paragraph 7 of Schedule 8”.

Constitutional Reform and Governance Bill
Schedule 9 — Amendment to Part 2 of the Public Order Act 1986 etc
95

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
United Kingdom.
5
      (2)
The effect of section 52(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
or order.
      (3)
The reversal has effect from the day after the day on which the resolution is
10
passed.
      (4)
A resolution may not be passed if P has disclaimed under section 55 the
peerage by virtue of which P was entitled to receive writs of summons to
attend the House of Lords.
Schedule 9
15
Section 59

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
(1)
This section applies in relation to—
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(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),
or
(b)
a public assembly which is being held, or is intended to be
25
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
ensuring that the specified requirements (see subsection (3)) are met.
30
(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
Westminster.
(4)
They may include (for example) requirements specifying entrances
35
at or by the Palace of Westminster or Portcullis House—
(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.
(5)
An order under this section may confer discretions on the senior
40
police officer.

Constitutional Reform and Governance Bill
Schedule 9 — Amendment to Part 2 of the Public Order Act 1986 etc
96

(6)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(7)
In relation to a public procession, the conditions that may be
imposed under this section include conditions as to the route of the
5
procession or prohibiting it from entering any public place specified
in the directions.
(8)
In relation to a public assembly, the conditions that may be imposed
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
10
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
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
15
14 (as the case may be) apply in relation to conditions imposed under
this section as they apply in relation to conditions imposed under
that section.
(11)
Nothing in this section limits what can be done under section 12(1)
or 14(1).
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14ZB
The area around Parliament
(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
25
any other way.
(3)
No point in the area specified may be more than 300 metres in a
straight line from the nearest relevant entrance.
(4)
Each of the following is a relevant entrance for the purposes of
subsection (3)—
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(a)
Carriage Gates;
(b)
St Stephen’s Entrance;
(c)
Peers’ Entrance;
(d)
Black Rod’s Garden Entrance;
(e)
the main entrance to Portcullis House (on Victoria
35
Embankment).
(5)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
14ZC
Special provision if a House meeting outside Palace of Westminster
40
(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

Constitutional Reform and Governance Bill
Schedule 9 — Amendment to Part 2 of the Public Order Act 1986 etc
97

(b)
an area, no point in which is more than 300 metres in a
straight line from the point nearest to it on the specified
building.
(2)
The area may be specified by description, by reference to a map or in
any other way.
5
(3)
The following subsections apply 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 specified area, or
(b)
a public assembly which is being held, or is intended to be
10
held, wholly or partly within the specified area.
(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.
15
(5)
For the purposes of subsection (4) 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 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
20
holding meetings of the House or of any of its committees (including
joint committees).
(6)
“Week” means any period of 7 days starting with a Sunday.
(7)
The requirements may include (for example) requirements
specifying entrances at or by the specified building—
25
(a)
which must be kept open, and
(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
police officer.
30
(9)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(10)
Subsections (7) to (11) of section 14ZA apply for the purposes of this
section as they apply for the purposes of that section.”
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Noise and Statutory Nuisance Act 1993 (c. 40)
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
Police Act 2005”.
Serious Organised Crime and Police Act 2005 (c. 15)
40
3
In the Table in section 175(3) (transitional provision relating to offences)
omit the entries relating to section 136.

Constitutional Reform and Governance Bill
Schedule 10 — Judicial appointments etc
98

Serious Crime Act 2007 (c. 27)
4
Omit paragraph 64 of Schedule 6.
Transitional provision
5     (1)
The public assemblies in relation to which section 14 of the Public Order Act
1986 (c. 64) applies by virtue of the repeal of section 132(6) of the Serious
5
Organised Crime and Police Act 2005 (c. 15) by section 59(1) of this Act
include (in particular) public assemblies which started, or were being
organised, before section 59(1) comes into force.
      (2)
The public processions and assemblies in relation to which sections 14ZA to
14ZC of the Public Order Act 1986 apply include (in particular) public
10
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.
Schedule 10
15
Section 63

Judicial appointments etc
Courts Act 1971 (c. 23)
1
In section 21(5) (appointment of Recorders) for “subsection (4)” substitute
“subsection (4A)”.
Constitutional Reform Act 2005 (c. 4)
20
2     (1)
Amend section 26 as follows.
      (2)
In subsection (2) for “the Prime Minister” substitute “the Lord Chancellor”.
      (3)
Omit subsection (3).
      (4)
In subsection (4) for “his name is notified to the Prime Minister for an”
substitute “the person is recommended for”.
25
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”
substitute “recommend that person for appointment”.
30
      (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”.
5     (1)
Amend section 96 as follows.
35