House of Commons - A new Magna Carta? - Political and Constitutional Reform

A new Magna Carta? - Political and Constitutional Reform Contents

PART III

THE PARLIAMENTARY LEGISLATURE

Chapter 8: THE PARLIAMENTARY SPEAKERS

38 Election of the Speaker in the House of Commons

(1) Whenever it is necessary to proceed forthwith to the choice of a new Speaker in consequence of the Speaker having ceased for any reason to be a Member of the House of Commons, the chair shall be taken by that Member, present in the House and not being a Minister of the Crown, who has served for the longest period continuously as a Member of this House. [261]

(2) Whenever it is necessary to proceed to the choice of a new Speaker in consequence of an intimation to Her Majesty by the Speaker of his wish to relinquish that office then the Speaker shall continue to take the chair and shall perform the duties and exercise the authority of Speaker until a new Speaker has been chosen, whereupon the Speaker shall leave the chair and shall cease to perform those duties and to exercise that authority and the Speaker Elect shall take the chair accordingly: Provided that, if when this House proceeds to choose a new Speaker the unavoidable absence of the Speaker has been announced, the Deputy Speaker shall forthwith leave the chair and the chair shall be taken in accordance with the provisions of subsection (1). [262]

(3) A Member taking the chair under the provisions of subsection (1) shall enjoy all those powers which may be exercised by the Speaker during proceedings under subsection (2).[263]

(4) If at the commencement of a Parliament the Member who was Speaker at the dissolution of the previous Parliament is returned to the House, the Member presiding in accordance with Standing Order No. 1 (Election of the Speaker: Member presiding) shall, when the House meets to proceed with the choice of a Speaker, ascertain whether the former Speaker is willing to be chosen as Speaker, and, the former Speaker having submitted himself to the House, shall call upon a Member to move that he do take the Chair of this House as Speaker; and the question thereon shall be put forthwith. [264]

(5) If the question is agreed to, the former Speaker shall thereupon take the chair as Speaker-elect. [265]

(6) If the question is negatived, the Member presiding shall forthwith adjourn the House to the following day at half-past two o'clock, and the House shall proceed in accordance with Standing Order No. 1B (Election of Speaker by secret ballot). [266]

39 Election of the Lord Speaker in the House of Lords

(1) It is the duty of the Lord Speaker ordinarily to attend the Lords House of Parliament as Speaker of the House; and in case the Lord Speaker be absent, his place on the Woolsack or in the Chair may be taken either by a Deputy Speaker, authorised under the Great Seal from the Queen to supply that place, or by a Deputy Chairman, appointed by the House; and if neither a Deputy Speaker nor a Deputy Chairman be present, the Lords may then choose their own Speaker during that vacancy. [267]

(2) An election of a Lord Speaker shall be held on 13th July 2011. Subsequently, elections shall, subject to paragraphs (3) and (4), be held in the fifth calendar year following that in which the previous election was held, on a day no later than 15th July in that year. If the result of the election is approved under paragraph (8), a Lord Speaker elected under this paragraph shall take office on 1st September in the year of election. [268]

(3) Where a Lord Speaker (including a person elected as Lord Speaker who has not yet taken office) dies, resigns or is deemed to have resigned pursuant to paragraph (11), an election of a Lord Speaker shall, subject to paragraph (4), be held within three months of the death, the giving notice of resignation or the deemed resignation. For the purposes of paragraph (2), this election is then "the previous election". [269]

(4) Where a Dissolution of Parliament is announced after a date has been set for an election, the election shall take place either on the date originally set, or on a day no later than one month after the opening of the next Parliament, whichever is later. [270]

(5) All members of the House shall be entitled to stand for election and to vote, save that

(a) Lords who have not taken the Oath in the current Parliament, who are subject to statutory disqualification, who are suspended from the service of the House, or who are on Leave of Absence, may not stand or vote and

(b) a Lord who has been successful in two previous elections may not stand. Before they can stand, candidates shall require a proposer and a seconder, who must themselves be eligible to stand. [271]

(6) The election shall be conducted in accordance with arrangements made by the Clerk of the Parliaments. The Clerk of the Parliaments may refer any question concerning the propriety of the electoral process to the Committee for Privileges and Conduct. [272]

(7) In the event of a tie between two or more candidates, the matter (if not resolved by the electoral arrangements adopted by the House) shall be decided by the drawing of lots. [273]

(8) The result of the election shall be subject to the approval of Her Majesty The Queen. [274]

(9) The Chairman of Committees may act during any vacancy in the office of Speaker. [275]

(10) The Lord Speaker may resign at any time by giving written notice to the Leader of the House. [276]

(11) If the House passes a motion for an Address to Her Majesty seeking the Lord Speaker's removal from office, the Lord Speaker shall be deemed to have resigned with effect from the date on which the motion was passed. [277]

Chapter 9: MEETING AND DISSOLUTION OF PARLIAMENTS

40 Dissolution of a Parliament

(1) The polling day for the next parliamentary general election after the passing of this Constitution is to be 7 May 2015.[278]

(2) The polling day for each subsequent parliamentary general election is to be the first Thursday in May in the fifth calendar year following that in which the polling day for the previous parliamentary general election fell.[279]

(3) But, if the polling day for the previous parliamentary general election—

(a) was appointed under subsection (13), and

(b) in the calendar year in which it fell, fell before the first Thursday in May, subsection (2) has effect as if for "fifth" there were substituted " fourth ".[280]

(4) The Prime Minister may by order made by statutory instrument provide that the polling day for a parliamentary general election in a specified calendar year is to be later than the day determined under subsection (1) or (2), but not more than two months later.[281]

(5) A statutory instrument containing an order under subsection (4) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.[282]

(6) The draft laid before Parliament must be accompanied by a statement setting out the Prime Minister's reasons for proposing the change in the polling day.[283]

(7) An early parliamentary general election is to take place if—

(a) the House of Commons passes a motion in the form set out in subsection (8), and

(b) if the motion is passed on a division, the number of members who vote in favour of the motion is a number equal to or greater than two thirds of the number of seats in the House (including vacant seats).[284]

(8) The form of motion for the purposes of subsection (7)(a) is—

"That there shall be an early parliamentary general election."[285]

(9) An early parliamentary general election is also to take place if—

(a) the House of Commons passes a motion in the form set out in subsection (10), and

(b) the period of 14 days after the day on which that motion is passed ends without the House passing a motion in the form set out in subsection (11).[286]

(10) The form of motion for the purposes of subsection (9)(a) is—

"That this House has no confidence in Her Majesty's Government."[287]

(11) The form of motion for the purposes of subsection (9)(b) is—

"That this House has confidence in Her Majesty's Government."[288]

(12) Subsection (13) applies for the purposes of the Timetable in rule 1 in Schedule 1 to the Representation of the People Act 1983. [289]

(13) If a parliamentary general election is to take place as provided for by subsection (7) or (9), the polling day for the election is to be the day appointed by Her Majesty by proclamation on the recommendation of the Prime Minister (and, accordingly, the appointed day replaces the day which would otherwise have been the polling day for the next election determined under subsections (1) to (6), above). [290]

(14) The Parliament then in existence dissolves at the beginning of the 25th working day before the polling day for the next parliamentary general election as determined under subsections (1) to (6), above, or appointed under subsection (13).[291]

(15) Parliament cannot otherwise be dissolved.[292]

(16) Once Parliament dissolves, the Lord Chancellor and, in relation to Northern Ireland, the Secretary of State have the authority to have the writs for the election sealed and issued (see rule 3 in Schedule 1 to the Representation of the People Act 1983).[293]

(17) Once Parliament dissolves, Her Majesty may issue the proclamation summoning the new Parliament which may—

(a) appoint the day for the first meeting of the new Parliament;

(b) deal with any other matter which was normally dealt with before the passing of this Act by proclamations summoning new Parliaments (except a matter dealt with by subsection (14) or (16)).[294]

(18) In this section "working day" means any day other than—

(a) a Saturday or Sunday;

(b) a Christmas Eve, Christmas Day or Good Friday;

(d) a day appointed for public thanksgiving or mourning.[295]

(19) But, if—

(a) on a day ("the relevant day") one or more working days are fixed or appointed as bank holidays or days for public thanksgiving or mourning, and

(b) as a result, the day for the dissolution of a Parliament would (apart from this subsection) be brought forward from what it was immediately before the relevant day to a day that is earlier than 30 days after the relevant day, the day or days in question are to continue to be treated as working days (even if the polling day is subsequently changed).[296]

41 Summoning of a Parliament

(1) The Sovereign in all cases fixes by Proclamation the date for the next meeting of Parliament. [297]

(2) Proclamations are issued by Her Majesty in Council. [298]

42 Opening of a Parliament

The date of the first meeting of a new Parliament is determined by a proclamation issued by the Sovereign, on the advice of the Prime Minister. [299]

Chapter 10: MEMBERSHIP OF THE HOUSE OF COMMONS

43 Minimum age of Members

A person is disqualified for membership of the House of Commons if, on the day on which he is nominated as a candidate, he has not attained the age of 18. [300]

44 Exclusion of Aliens

(1) That after the said Limitation shall take Effect as aforesaid no Person born out of the Kingdoms of England Scotland or Ireland or the Dominions thereunto belonging (although he be made a Denizen (except such as are born of English Parents) shall be capable to be of the Privy Councill or a Member of either House of Parliament or to enjoy any Office or Place of Trust either Civill or Military or to have any Grant of Lands Tenements or Hereditaments from the Crown to himself or to any other or others in Trust for him. [301]

(2) The provisions of subsection 1, above, do not apply (so far as they relate to membership of the House of Commons) to a person who is-

(a) a qualifying Commonwealth citizen, or

(b) a citizen of the Republic of Ireland. [302]

(3) For the purposes of subsection (2), a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either-

(a) is not a person who requires leave under the Immigration Act 1971 (c. 77) to enter or remain in the United Kingdom, or

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act. [303]

(4) But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases). [304]

(5) Subject to an order made by the House of Commons under section 6(2) of the House of Commons Disqualification Act 1975 (c. 24) as applied by subsection (6)-

(a) if a person disqualified for membership of that House by virtue of section 3 of the Act of Settlement (1700 c. 2) as modified by this section is elected as a member of that House his election is void;

(b) if a person being a member of that House becomes so disqualified for membership his seat is vacated. [305]

(6) Sections 6(2) to (4) and 7 of the House of Commons Disqualification Act 1975 apply in the case of a person disqualified as mentioned in subsection (5) as they apply in the case of a person disqualified by that Act, and references in those sections to a person disqualified by that Act must be construed as including references to a person disqualified as mentioned in subsection (5). [306]

45 Persons reported personally guilty of corrupt or illegal practices

(1) If a candidate who had been elected is reported by an election court personally guilty or guilty by his agents of any corrupt or illegal practice his election shall be void. [307]

46 Disqualification of certain offenders for membership of the House of Commons

(1) A person found guilty of one or more offences (whether before or after the passing of the Representation of the People Act 1981 (c.34) and whether in the United Kingdom or elsewhere), and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year, shall be disqualified for membership of the House of Commons while detained anywhere in the British Islands or the Republic of Ireland in pursuance of the sentence or order or while unlawfully at large at a time when he would otherwise be so detained. [308]

47 Disqualification of holders of certain offices and places

(1) Subject to the provisions of this Constitution, a person is disqualified for membership of the House of Commons who for the time being—is a Lord Spiritual;

(a) holds any of the judicial offices specified in Part I of Schedule 1 to the House of Commons Disqualification Act 1975 (c.24);

(b) is employed in the civil service of the Crown, whether in an established capacity or not, and whether for the whole or part of his time;

(d) is a member of any police force maintained by a local policing body or a police authority;

(e) is a member of the legislature of any country or territory outside the Commonwealth (other than Ireland); or

(f) holds any office described in Part II or Part III of Schedule 1 of the House of Commons Disqualification Act 1975 (c.24).[309]

(2) Except as provided by this Constitution, a person shall not be disqualified for membership of the House of Commons by reason of his holding an office or place of profit under the Crown or any other office or place; and a person shall not be disqualified for appointment to or for holding any office or place by reason of his being a member of that House.[310]

Chapter 11: ELECTIONS TO THE HOUSE OF COMMONS

48 Parliamentary Electors

(1) A person is entitled to vote as an elector at a parliamentary election in any constituency if on the date of the poll he—

(a) is registered in the register of parliamentary electors for that constituency;

(b) is not subject to any legal incapacity to vote (age apart);

(d) is of voting age (that is, 18 years or over).[311]

(2) A person is not entitled to vote as an elector—

(a) more than once in the same constituency at any parliamentary election; or

(b) in more than one constituency at a general election. [312]

49 Entitlement to be registered as parliamentary or local government elector

(1) A person is entitled to be registered in the register of parliamentary electors for any constituency or part of a constituency if on the relevant date he—

(a) is resident in the constituency or that part of it;

(b) is not subject to any legal incapacity to vote (age apart);

(d) is of voting age. [313]

(2) A person is not entitled to be registered in the register of parliamentary electors for any constituency in Northern Ireland unless, in addition to complying with subsection (1) above, he has been resident in Northern Ireland during the whole of the period of three months ending on the relevant date.[314]

(3) A person is entitled to be registered in the register of local government electors for any electoral area if on the relevant date he—

(a) is resident in that area;

(b) is not subject to any legal incapacity to vote (age apart);

(d) is of voting age. [315]

(4) The preceding provisions have effect—

(a) subject to—

(i) any enactment imposing a disqualification for registration as a parliamentary, or (as the case may be) local government, elector; and

(ii) compliance with any prescribed requirements; and

(b) (as respects registration as a parliamentary elector) without prejudice to section 2(1) of the Representation of the People Act 1985 (registration of British citizens overseas). [316]

(5) A person otherwise qualified is (despite subsection (1)(d) or (3)(d), as the case may be) entitled to be registered in a register of parliamentary electors or local government electors if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but—

(a) his entry in the register shall give the date on which he will attain that age; and

(b) until the date given in the entry he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date. [317]

(6) In this section—"qualifying Commonwealth citizen" means a Commonwealth citizen who either—

(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave;

"the relevant date", in relation to a person, means—

(a) the date on which an application for registration is made (or, by virtue of section 10A(2) of the Representation of the People Act 1983 (c.2), is treated as having been made) by him;

(b) in the case of a person applying for registration in pursuance of a declaration of local connection or a service declaration, the date on which the declaration was made. [318]

(7) If a person entitled to be registered by virtue of subsection (5) above has an anonymous entry in the register, the references in paragraphs (a) and (b) of that subsection to his entry in the register are to be read as references to his entry in the record of anonymous entries prepared in pursuance of paragraph 8A of Schedule 2 to the Representation of the People Act 1983 (c.2). [319]

50 Registers of electors

(1) Each registration officer shall maintain—

(a) a register of parliamentary electors for each constituency or part of a constituency in the area for which he acts; and

(b) a register of local government electors for the local government areas or parts of local government areas included in the area for which he acts.[320]

(2) Subject to section 9B(3) of the Representation of the People Act 1983 (c.2), each register shall contain—

(a) the names of the persons appearing to the registration officer to be entitled to be registered in it (subject to their complying with any prescribed requirements);

(b) (subject to any prescribed exceptions) the qualifying addresses of the persons registered in it; and

(3) A person's electoral number is such number (with or without any letters) as is for the time being allocated by the registration officer to that person as his electoral number for the purposes of the register in question. [322]

(4) Electoral numbers shall be allocated by a registration officer in such a way as to ensure, so far as is reasonably practicable, that in each separate part of a register the numbers run consecutively. [323]

(5) The registers of parliamentary electors and of local government electors shall so far as practicable be combined, the entries of persons registered only as parliamentary electors or local government electors being marked to indicate that fact. [324]

(6) Where under this section two or more registration officers maintain registers of parliamentary electors in respect of different parts of the same constituency, then in relation to that constituency any reference in this Act (whether express or implied) to the register of parliamentary electors for a constituency shall be read—

(a) as a reference to one of those registers, or

(b) in relation to one of those registration officers, as the register maintained by him,

as the context may require. [325]

51 Disfranchisement of offenders

(1) A convicted person during the time that he is detained in a penal institution in pursuance of his sentence or unlawfully at large when he would otherwise be so detained is legally incapable of voting at any parliamentary or local government election. [326]

52 Disenfranchisement of offenders detained in mental hospitals

(1) A person to whom section 3A of the Representation of the People Act 1983 (c.2) applies is, during the time that he is—

(a) detained at any place in pursuance of the order or direction by virtue of which this section applies to him, or

(b) unlawfully at large when he would otherwise be so detained,

legally incapable of voting at any parliamentary or local government election.[327]

Chapter 12: CONSTITUENCIES[328] FOR THE HOUSE OF COMMONS

53 Parliamentary constituencies

(1) There shall for the purpose of parliamentary elections by the county and borough constituencies (or in Scotland the county and burgh constituencies), each returning a single member, which are described in Orders in Council made under the Parliamentary Constituencies Act 1986 (c.56).

(2) The number of constituencies in the United Kingdom shall be 600.

(3) Each constituency shall be wholly in one of the four parts of the United Kingdom (England, Wales, Scotland and Northern Ireland).

(4) There shall be protected constituencies as follows -

(a) There shall be two constituencies in the Isle of Wight.

(b) There shall continue to be -

(i) a constituency named Orkney and Shetland, comprising the areas of the Orkney Islands Council and the Shetland Islands Council;

(ii) a constituency named Na h-Eileanan an Iar, comprising the area of Comhairle nan Eilean Siar.

(5) In any Act passed after the Representation of the People Act 1948, except where the context otherwise requires, "constituency" means an area having separate representation in the House of Commons.

54 Electorate per constituency

(1) The electorate of any constituency shall be -

(a) no less than 95% of the United Kingdom electoral quota, and

(b) no more than 105% of that quota.

(2) The "United Kingdom electoral quota" for this purpose means U divided by 596 where U is the electorate of the United Kingdom minus the electorate of the protected constituencies mention in section 57 below.

(3) In relation to Northern Ireland section 57(1)(e) shall apply as an exception to sub-section (1); and sub-section (1) shall not apply to the constituencies referred to in section 53(4) above.

(5) This section applies to any review conducted under sections 54 to 59 below or the preparation of any draft Order in Council under section 56.

55 Boundary Commissions

(1) For the purpose of the continuous review of the distribution of seats at parliamentary elections, there shall continue to be four permanent Boundary Commissions, namely a Boundary Commission for England, a Boundary Commission for Scotland, a Boundary Commission for Wales and a Boundary Commission for Northern Ireland.

(2) The Commissions are independent, non-political and impartial.[329]

(3) The Speaker of the House of Commons shall be the chairman of each of the four Commissions.

(4) Each of the four Commissions shall consist of the chairman, a deputy chairman and two other members appointed by the Secretary of State.

(5) The deputy chairman—

(a) in the case of the Commission for England shall be a judge of the High Court appointed by the Lord Chancellor,

(b) in the case of the Commission for Scotland shall be a judge of the Court of Session appointed by the Lord President of the Court of Session,

(d) in the case of the Commission for Northern Ireland shall be a judge of the High Court in Northern Ireland appointed by the Lord Chief Justice of Northern Ireland.

(6) A Member of any Commission (other than the chairman) shall hold his appointment for such term and on such conditions as may be determined before his appointment by the person appointing him.

(7) In the case of a member of a Commission other than the chairman or deputy chairman, the conditions referred to in subsection 4 above may include such provisions with respect to remuneration as the Secretary of State may determine with the approval of the Treasury.

56 Reports of the Boundary Commissions

(1) Each Boundary Commission shall keep under review the representation in the House of Commons of the part of the United Kingdom with which they are concerned and shall, in accordance with subsection (2) below, submit to the Secretary of State reports with respect to the whole of that part of the United Kingdom, either—

(a) showing the constituencies into which they recommend that it should be divided in order to give effect to the rules in this Act and other statutory requirements;

(b) stating that, in the opinion of the Commission, no alteration is required to be made in respect of that part of the United Kingdom in order to give effect to the said rules;

(2) A Boundary Commission shall submit reports under sub-section (1) above periodically -

(a) before 1st October 2018 but not before 1st September 2018, and

(b) before 1st October of every fifth year after that.[330]

(3) A failure by a Boundary Commission to submit a report within the time limit which is appropriate to that report shall not be regarded as invalidating the report for the purposes of any enactment.

(4) A report of a Boundary Commission under this Act showing the constituencies into which they recommend that any area should be divided shall state, as respects each constituency, the name by which they recommend that it should be known, and whether they recommend that it should be a county constituency or a borough constituency (or in Scotland a county constituency or a burgh constituency).

(5) As soon as may be after the submission of all four reports under subsection (1) above that are required by subsection (2) above to be submitted before a particular date, the Secretary of State shall lay before Parliament the draft of an Order in Council for giving effect to the recommendations contained in them.

(6) Where—

(a) a Boundary Commission have submitted a report under subsection (1) above (but no draft under subsection (5) above has yet been laid in relation to the report),

(b) the Commission notify the Secretary of State that the recommendations contained in the report are to have effect with specified modifications, and

the draft under subsection (5) above shall give effect to the recommendations with those modifications.

(7) Subsections (5) and (6) above do not apply where each of the reports mentioned in subsection (5) above states that no alteration is required to be made in respect of the part of the United Kingdom with which the Commission in question are concerned."

57 Other rules for distribution of seats

(1) Any review of constituency boundaries conducted under sections 56 shall be conducted in accordance with the following rules -

(a) A constituency shall not have an area of more than 13,000 square kilometres.

(b) A constituency does not have to comply with sub-section (1) if—

(i) it has an area of more than 12,000 square kilometres, and

(ii) the Boundary Commission concerned are satisfied that it is not reasonably possible for the constituency to comply with that rule.

(i) special geographical considerations, including in particular the size, shape and accessibility of a constituency;

(b)

(ii) local government boundaries as they exist on the most recent ordinary council-election day before the review date;

(iii) boundaries of existing constituencies;

(iv) any local ties that would be broken by changes in constituencies;

(v) the inconveniences attendant on such changes.

(d) The Boundary Commission for England may take into account, if and to such extent as they think fit, boundaries of the electoral regions from force from time to time for the purposes of European Parliamentary elections.

(e) In relation to Northern Ireland, sub-section (f) below applies in place of section 54 where -

(i) the difference between the electorate of Northern Ireland, and the United Kingdom electoral quota multiplied by the number of seats in Northern Ireland (determined under the allocation method in sub-section xx below) exceeds one third of the United Kingdom electoral quota, and

(ii) the Boundary Commission for Northern Ireland consider that having to apply section 54 would unreasonably impair their ability to take into account the factors set out in sub-section (1)(c) above, or their ability to comply with section 3(2) of this Act.

(f) The electorate of any constituency shall be no less than whichever is the lesser of N - A and 95% of the United Kingdom electoral quota, and no more than whichever is the greater of N + A and 105% of the United Kingdom electoral quota, where N is the electorate of Northern Ireland divided by the number of seats in Northern Ireland (determined under sub-section (f) below), and A is 5% of the United Kingdom electoral quota.

(g) The method for allocation of constituencies is as follows -

(i) The first constituency shall be allocated to the part of the United Kingdom with the greatest electorate.

(ii) The second and subsequent constituencies shall be allocated in the same way, except that the electorate of a part of the United Kingdom to which one or more constituencies have already been allocated is to be divided by 2C + 1 where C is the number of constituencies already allocated to that part.

(iii) Where the figure given by sub-section (ii) above is the same for two or more parts of the United Kingdom, the part to which a constituency is to be allocated shall be the one with the smaller or smallest actual electorate.

(vi) This section does not apply to the constituencies mentioned in section 53(4), and accordingly—

(i) the electorate of England shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in section 53(4)(a);

(ii) the electorate of Scotland shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in section 53(4)(b).

(2) The following terms are to be interpreted as follows -

(a) The "electorate" of the United Kingdom, or of a part of the United Kingdom or a constituency, is the total number of persons whose names appear on the relevant version of a register of parliamentary electors required by law in respect of addresses in the United Kingdom, or in that part or that constituency.

(b) "Local government boundaries" are—

in England, the boundaries of counties and their electoral divisions, districts and their wards, London boroughs and their wards and the City of London,

in Wales, the boundaries of counties, county boroughs, electoral divisions, communities and community wards,

in Scotland, the boundaries of local government areas and the electoral wards into which they are divided under section 1 of the Local Governance (Scotland) Act 2004, and

in Northern Ireland, the boundaries of wards.

in relation to England and Wales, the ordinary day of election of councillors for local government areas;

in relation to Scotland, the day on which the poll is held at ordinary elections of councillors for local government areas;

in relation to Northern Ireland, the day of an election for any district council (other than an election to fill a casual vacancy).

58 Publicity and consultation

(1) Once a Boundary Commission have decided what constituencies they propose to recommend in a report under section 3(1)(a) above—

(a) the Commission shall take such steps as they think fit to inform people in each of the proposed constituencies - (i) what the proposals are, (ii) that a copy of the proposals is open to inspection at a specified place within the proposed constituency, (iii) that written representations with respect to the proposals may be made to the Commission during a specified period of 12 weeks ("the initial consultation period"), and

(b) the Commission shall cause public hearings to be held during the period beginning with the fifth week of the initial consultation period and ending with the tenth week of it.

(2) Subsection (1)(a)(ii) above does not apply to a constituency with respect to which no alteration is proposed.

(3) After the end of the initial consultation period the Commission—

(a) shall publish, in such manner as they think fit, representations made as mentioned in subsection (1)(a) above and records of public hearings held under subsection (1)(b) above;

(b) shall take such steps as they think fit to inform people in the proposed constituencies that further written representations with respect to the things published under paragraph (a) above may be made to the Commission during a specified period of four weeks ("the secondary consultation period").

(4) If after the end of the secondary consultation period the Commission are minded to revise their original proposals so as to recommend different constituencies, they shall take such steps as they see fit to inform people in each of those revised proposed constituencies -

(a) what the revised proposals are,

(b) that a copy of the revised proposals is open to inspection at a specified place within the revised proposed constituency, and

(c) that written representations with respect to the revised proposals may be made to the Commission during a specified period of eight weeks.

59 Orders in Council.

(1) The draft of any Order in Council laid before Parliament by the Secretary of State under this Act for giving effect, whether with or without modifications, to the recommendations contained in the report of a Boundary Commission may make provision for any matters which appear to him to be incidental to, or consequential on, the recommendations.

(2) Where any such draft gives effect to any such recommendations with modifications, the Secretary of State shall lay before Parliament together with the draft a statement of the reasons for the modifications.

(3) If any such draft is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.

(4) If a motion for the approval of any such draft is rejected by either House of Parliament or withdrawn by leave of the House, the Secretary of State may amend the draft and lay the amended draft before Parliament, and if the draft as so amended is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.

(5) Where the draft of an Order in Council is submitted to Her Majesty in Council under this Act, Her Majesty in Council may make an Order in terms of the draft which (subject to subsection (6) below) shall come into force on such date as may be specified in the Order and shall have effect notwithstanding anything in any enactment.

(6) The validity of any Order in Council purporting to be made under this Act and reciting that a draft of the Order has been approved by resolution of each House of Parliament shall not be called in question in any legal proceedings whatsoever.

60 Method of election

(1) The votes at the poll shall be given by ballot, the result shall be ascertained by counting the votes given to each candidate and the candidate to whom the majority of votes have been given shall be declared to have been elected.[331]

Chapter 13: MEMBERSHIP OF THE HOUSE OF LORDS

61 Minimum age for Lords

(1) No Lord under the age of one and twenty years shall be permitted to sit in the House.[332]

62 Exclusion of Hereditary Peers

(1) No-one shall be a member of the House of Lords by virtue of a hereditary peerage. [333]

(2) Subsection 1 shall not apply in relation to anyone excepted from it by or in accordance with Standing Orders of the House.[334]

(3) At any one time 90 people shall be excepted from section 1; but anyone excepted as holder of the office of Earl Marshal, or as performing the office of Lord Great Chamberlain, shall not count towards that limit.[335]

(4) Once excepted from subsection 1, a person shall continue to be so throughout his life (until an Act of Parliament provides to the contrary).[336]

(5) Standing Orders shall make provision for filling vacancies among the people excepted from subsection 1; and in any case where—

(a) the vacancy arises on a death occurring after the end of the first Session of the next Parliament after that in which this Act is passed, and

(b) the deceased person was excepted in consequence of an election,

that provision shall require the holding of a by-election.[337]

(6) A person may be excepted from subsection 1 by or in accordance with Standing Orders made in anticipation of the enactment or commencement of this section.[338]

(7) Any question whether a person is excepted from subsection 1 shall be decided by the Clerk of the Parliaments, whose certificate shall be conclusive.[339]

63 Life Peerages

(1) Her Majesty shall have power by letters patent to confer on any person a peerage for life having the incidents specified in subsection (2) of this section.[340]

(2) A peerage conferred under this section shall, during the life of the person on whom it is conferred, entitle him—

(a) to rank as a baron under such style as may be appointed by the letters patent; and

(b) subject to subsection (4) of this section, to receive writs of summons to attend the House of Lords and sit and vote therein accordingly,

and shall expire on his death.[341]

(3) A life peerage may be conferred under this section on a woman.[342]

(4) Nothing in this section shall enable any person to receive a writ of summons to attend the House of Lords, or to sit and vote in that House, at any time when disqualified therefore by law.[343]

64 Restriction on ecclesiastical membership

The number of Lords Spiritual sitting and voting as Lords of Parliament shall not be increased by the foundation of a new bishopric after the year 1846; and whenever there is a vacancy among such Lords Spiritual by the avoidance of any of the sees of Canterbury, York, London, Durham, or Winchester, such vacancy shall be supplied by the issue of a writ of summons to the bishop acceding to the see so avoided; and if such vacancy is caused by the avoidance of any see other than one of the five sees aforesaid, such vacancy shall be supplied by the issue of a writ of summons to that bishop of a see in England who having been longest bishop of a see in England has not previously become entitled to such writ: Provided, that where a bishop is translated from one see to another, and was at the date of his translation actually sitting as a Lord of Parliament, he shall not thereupon lose his right to receive a writ of summons to Parliament.[344]

65 Disqualification from Parliament: Bankruptcy and Debt Relief Restrictions Orders

(1) A person in respect of whom a bankruptcy restrictions order or a debt relief restrictions order has effect shall be disqualified—

(a) from membership of the House of Commons,

(b) from sitting or voting in the House of Lords, and

(2) If a member of the House of Commons becomes disqualified under this section, his seat shall be vacated.[346]

(3) If a person who is disqualified under this section is returned as a member of the House of Commons, his return shall be void. [347]

(4) No writ of summons shall be issued to a member of the House of Lords who is disqualified under this section. [348]

(5) If a court makes a bankruptcy restrictions order or interim order, or a debt relief restrictions order or an interim debt relief restrictions order, in respect of a member of the House of Commons or the House of Lords the court shall notify the Speaker of that House. [349]

(6) If the Secretary of State accepts a bankruptcy restrictions undertaking or a debt relief restrictions undertaking made by a member of the House of Commons or the House of Lords, the Secretary of State shall notify the Speaker of that House. [350]

Chapter 14: PROCEDURE OF THE HOUSE OF COMMONS

66 Arrangement and timing of public and private business [351]

(1) Save as provided in section, government business shall have precedence at every sitting.

(2) Twenty days shall be allotted in each session for proceedings on opposition business, seventeen of which shall be at the disposal of the Leader of the Opposition and three of which shall be at the disposal of the leader of the second largest opposition party; and matters selected on those days shall have precedence over government business provided that—

(a) two Friday sittings shall be deemed equivalent to a single sitting on any other day;

(b) on any day other than a Friday, not more than two of the days at the disposal of the Leader of the Opposition may be taken in the form of four half days, and one of the days at the disposal of the leader of the second largest opposition party may be taken in the form of two half days; and

(i) lapse at seven o'clock on Monday or Tuesday, four o'clock on Wednesday or two o'clock on Thursday if not previously concluded, or

(ii) be set down for consideration at the hour specified in sub-paragraph (i) above and, except on days on which private business has been set down for consideration under the provisions of paragraph (5) of Standing Order No. 20 (Time for taking private business), shall be entered upon at that time: Provided that on days on which business stands over until seven o'clock, four o'clock or two o'clock under the provisions of Standing Order No. 24 (Emergency debates) proceedings under this sub-paragraph shall not be entered upon until such business has been disposed of, and may then be proceeded with for three hours, notwithstanding the provisions of Standing Order No. 9 (Sittings of the House).

(3) For the purposes of this section 'the second largest opposition party' shall be that party, of those not represented in Her Majesty's Government, which has the second largest number of Members elected to the House as members of that party.

(4) Thirty-five days or its equivalent shall be allotted in each session for proceedings in the House and in Westminster Hall on backbench business of which at least twenty-seven shall be allotted for proceedings in the House; the business determined by the Backbench Business Committee shall have precedence over government business (other than any order of the day or notice of motion on which the question is to be put forthwith) on those days; and the provisions of paragraph (2)(c) of this section shall apply to any of those days taken in the House in the form of half-days.

(5) In addition to those days allotted under paragraph (4) of this section, the Backbench Business Committee may determine that a sitting in Westminster Hall may be held on a Monday in accordance with paragraph (1)(a) of Standing Order No. 10 to consider e-petitions.

(6) For the purposes of paragraph (4) above, a Thursday sitting in Westminster Hall at which the business is appointed by the Backbench Business Committee shall count as one half-day and a topical debate shall count as one quarter-day.

(7) Backbench business comprises all proceedings in the Chamber relating to any motion or order of the day except:

(a) government business, that is proceedings relating to government bills, financial business, proceedings under any Act of Parliament, or relating to European Union Documents, or any other motion in the name of a Minister of the Crown;

(b) opposition business under paragraph (2) above;

(c) motions for the adjournment of the House under paragraph (7) of Standing Order No. 9 (Sittings of the House), private Members' motions for leave to bring in bills under Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business) and private Members' bills under paragraphs (9) to (14) below;

(d) proceedings relating to private business;

(e) any motion to amend this section or Standing Order No. 152J (Backbench Business Committee);

(f) business set down at the direction of, or given precedence by, the Speaker.

(8) The proceedings to be taken as backbench business shall be determined by the Backbench Business Committee, as set out in Standing Order No. 152J (Backbench Business Committee).

(9) Private Members' bills shall have precedence over government business on thirteen Fridays in each session to be appointed by the House.

(10) On and after the eighth Friday on which private Members' bills have precedence, such bills shall be arranged on the order paper in the following order— consideration of Lords amendments, third readings, consideration of reports not already entered upon, adjourned proceedings on consideration, bills in progress in committee, bills appointed for committee, and second readings.

(11) The ballot for private Members' bills shall be held on the second Thursday on which the House shall sit during the session under arrangements to be made by the Speaker, and each bill shall be presented by the Member who has given notice of presentation or by another Member named by him in writing to the Clerks at the Table, at the commencement of public business on the fifth Wednesday on which the House shall sit during the session.

(12) Until after the fifth Wednesday on which the House shall sit during the session, no private Member shall—

(a) give notice of a motion for leave to bring in a bill under Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business);

(b) give notice for presenting a bill under Standing Order No. 57 (Presentation and first reading); or

(13) A private Member's bill to which the provisions of paragraphs (2) to (6) of Standing Order No. 97 (Scottish Grand Committee (bills in relation to their principle)) have applied, and which has been considered by a Scottish public bill committee, shall not be set down for consideration on report so as to have precedence over any private Member's bill so set down which was read a second time on a day preceding that on which the bill was reported from the Scottish Grand Committee under paragraph (3) of that Standing Order.

(14) An order appointing a day for the second reading of a private Member's bill shall lapse at the rising of the House on the preceding sitting day if at that time the bill has not been printed and delivered to the Vote Office, and the House shall make no further order appointing a day for the second reading of the bill until it has been printed.

67 Public Bill procedure

(1) A Member may, after notice, present a bill without previously obtaining leave from the House to bring in the same.[352]

(2) When a bill is presented either in pursuance of an order of the House or under the provisions of paragraph (1) of this section, the bill shall be read the first time without any question being put, shall be ordered to be read a second time on such day as the Member presenting it shall appoint, and shall be ordered to be printed.[353]

(3) If a Member informs the Clerks at the Table of his intention to take charge of a bill which has been brought from the Lords, the bill shall be deemed to have been read the first time on the day on which the Member so informs the Clerks, and to have been ordered to be read a second time on such day as he shall appoint, and shall be recorded in the Journal of the House as having been read the first time and ordered to be read a second time on the day so appointed, and shall be ordered to be printed.[354]

(4) If a public bill is passed by the Lords and carried to the office of the Clerk of the House at a time when this House is not sitting, then, provided that a Member shall have notified the Clerks at the Table, in writing, of his intention to take charge of the bill—

(a) the Clerk of the House shall arrange for the printing and circulation of copies of the bill, and

(b) the bill shall be recorded in the Journal of the House as having been read the first time on the next sitting day and as having been ordered to be printed pursuant to this standing order and to be read a second time on such day as the Member shall have appointed.[355]

(5) Where a public bill (not being a bill to confirm a provisional order or certificate) is ordered to be read a second time on a future day, and it appears that the standing orders relating to private business may be applicable to the bill, the Examiners of Petitions for Private Bills shall be ordered to examine the bill and they shall proceed and report with all convenient speed whether the said standing orders are applicable thereto. If they find that the standing orders are applicable, they shall further report whether they have been complied with. [356]

(6) If the Examiners report that any standing order applicable to the bill has not been complied with, and the Standing Orders Committee report that such standing order ought not to be dispensed with, the order of the day relating to the bill shall be discharged.[357]

(7) If on an amendment to the question 'That a bill be now read a second time (or the third time)' it is decided that the word 'now' stand part of the question, the Speaker shall forthwith declare the bill to be read a second or the third time as the case may be.[358]

(8) When the question has been proposed 'That a bill be now read a second time (or the third time)' and the question on any amendment to leave out all the words after 'That' and insert other words has passed in the negative, the main question shall be put forthwith.[359]

(9) When a public bill (other than a Consolidated Fund or an Appropriation Bill, or a tax law rewrite bill, or a bill for confirming a provisional order) has been read a second time, it shall stand committed to a public bill committee unless the House otherwise orders.[360]

(10) A motion—

(a) to commit a bill to a committee of the whole House or to a select committee, or a motion that it is expedient that a bill be committed to a joint committee of Lords and Commons; or

(b) to give a public bill committee to which a bill has been committed under this order power to send for persons, papers and records,

may be made by any Member and if made immediately after the bill has been read a second time shall not require notice, and, though opposed, may be decided after the expiration of the time for opposed business, and the question thereon shall be put forthwith.[361]

(11) A motion to commit a bill to a public bill committee in respect of some of its provisions and to a committee of the whole House in respect of other provisions may be made by the Member in charge of the bill and, if made immediately after the bill has been read a second time, shall not require notice, and may, though opposed, be decided after the expiration of the time for opposed business. If such a motion is opposed, the Speaker after permitting, if he thinks fit, a brief explanatory statement from the Member who makes and from a Member who opposes the motion shall, without permitting any further debate, put the question thereon.[362]

(12) If the question on a motion made under paragraph (10) or paragraph (11) of this section is negatived, the Speaker shall forthwith declare that the bill stands committed to a public bill committee.[363]

(13) All committees to which bills may be committed or referred for consideration on report shall have power to make such amendments therein as they shall think fit, provided they be relevant to the subject matter of the bill: but if any such amendments shall not be within the long title of the bill, they shall amend the long title accordingly, and report the same specially to the House.[364]

(14) Whenever an order of the day is read for the House to resolve itself into a committee on a bill, the Speaker shall leave the chair without putting any question, and the House shall thereupon resolve itself into such committee, unless notice of an instruction to such committee has been given, when such instruction shall be first disposed of, or unless the committee is discharged in pursuance of paragraph (8) of Standing Order No. 60 (Tax law rewrite bills).[365]

(15) If, during the consideration of a bill in a committee of the whole House, the chair is of opinion that the principle of a clause or schedule and any matters arising thereon have been adequately discussed in the course of debate on the amendments proposed thereto, he may, after the last amendment to be selected has been disposed of, state that he is of this opinion and shall then forthwith put the question 'That the clause (or, the clause, as amended) stand part of the bill' or 'That this schedule (or this schedule, as amended) be the schedule to the bill', as the case may be.[366]

(16) When a Member has brought up a clause or schedule in committee on a bill or on consideration of a bill on report, it shall be read the first time without any question being put.[367]

(17) At the close of the proceedings of a committee of the whole House on a bill, the chair shall report the bill forthwith to the House, and when amendments shall have been made thereto, a day shall be appointed for taking the bill, as amended, into consideration, unless the House shall order it to be taken into consideration forthwith.[368]

(18) When the order of the day for the consideration of a bill, as amended in a committee of the whole House, has been read, the House shall proceed to consider the same without question put, unless the Member in charge thereof nominates a future day for its consideration or a motion shall be made to re-commit the bill in whole or in part.[369]

(19) When a bill has been committed to a public bill committee, or has been so committed in respect of some of its provisions, then, on consideration on report of the bill or such of its provisions as were so committed, the rule against speaking more than once shall not apply to the Member in charge of the bill or to the mover of any amendment or new clause or schedule in respect of that amendment or clause or schedule.[370]

(20) No amendments, not being merely verbal, shall be made to any bill on the third reading.[371]

(21) Lords amendments to public bills and Lords reasons shall be appointed to be considered on a future day, unless the House shall order them to be considered forthwith, and the provisions of Standing Order No. 57A (Bills brought from the Lords) shall apply to the appointment of consideration and the printing of Lords amendments and reasons as they apply to the appointment of second reading and the printing of bills brought from the House of Lords.[372]

(22) When the order of the day for the consideration of Lords amendments to a public bill or Lords reasons has been read, the House shall proceed to consider the same without question put, unless the Member in charge thereof nominates a future day for their consideration.[373]

(23) If the Speaker is satisfied that a Lords amendment imposes a charge upon the public revenue such as is required to be authorised by resolution of the House under Standing Order No. 49 (Certain proceedings relating to public money) and that such charge has not been so authorised, on reaching that amendment, the Speaker shall declare that he is so satisfied and the amendment shall be deemed to have been disagreed to and shall be so recorded in the Journal.[374]

(24) If a motion be made by a Minister of the Crown providing for an allocation of time to any proceedings on a bill the Speaker shall, not more than three hours after the commencement of the proceedings on such a motion, put any question necessary to dispose of those proceedings.[375]

67 Procedure for the programming of Public Bills [376]

(1) If, before second reading of a bill, notice of a motion providing—

(a) for committal of the bill, and

(b) for any proceedings on the bill to be programmed,

is given by a Minister of the Crown, the motion may be made immediately after second reading, and Standing Order No. 63 (Committal of bills not subject to a programme order) shall not apply to the bill.

(2) Such a motion is to be called a programme motion.

(3) A programme motion may not disapply paragraph (2) of Standing Order No. 84A (Public bill committees).

(4) An order made by the House as a result of a programme motion is to be called a programme order.

(5) A motion to vary or supplement a programme order is also to be called a programme motion.

(6) A programme motion may provide for the allocation of time for any proceedings on a bill.

(7) Except in the following four cases, the question on a programme motion is to be put forthwith.

(8) The first exception is where—

(a) a public bill committee has reported a resolution under paragraph (12) of Standing Order No. 83C (Programming sub-committees) proposing an alteration of the date by which the bill is to be reported to the House, and

(b) the motion made under paragraph (13) of Standing Order No. 83C does not give effect to the public bill committee's proposal.

(9) The second exception is where the motion makes further provision for proceedings on consideration and third reading of the bill otherwise than in accordance with a resolution of a public bill committee under paragraph (14) of Standing Order No. 83C.

(10) The third exception is where the motion reduces the amount of time allocated under a programme order for any proceedings on the bill (whether or not it also increases the amount of time allocated for other proceedings on the bill).

(11) The fourth exception is where the motion relates to a resolution of a programming committee.

(12) If any of the exceptions applies, any question necessary to dispose of proceedings on a programme motion is to be put not later than three-quarters of an hour after the commencement of proceedings on the motion.

(13) If proceedings in committee of the whole House or on consideration and third reading are subject to a programme order, there is to be a committee for the bill consisting of—

(a) the Chairman of Ways and Means (who is to be chair of the committee); and

(b) not more than eight other Members, nominated by the Speaker.

(14) The committee is to be called the programming committee.

(15) The quorum of the programming committee is four.

(16) The programming committee shall consider the allocation of time to proceedings in committee of the whole House or on consideration and third reading and report any resolution which it makes to the House.

(17) Proceedings in the programming committee shall be brought to a conclusion not later than two hours after their commencement.

(18) For the purposes of bringing any proceedings to a conclusion in accordance with paragraph (17), the chair shall—

(a) first put forthwith any question which has been proposed from the chair and not yet decided; and

(b) then put successively questions on any motions made by a Minister of the Crown.

(19) Resolutions of the programming committee—

(a) may be reported from time to time; and

(b) subject to the powers of the Speaker or chair to select the amendments, new clauses and new schedules to be proposed,

may include alterations in the order in which specified proceedings on the bill are to be taken.

(20) If a bill is subject to a programme order which commits it to a public bill committee, the order stands referred to the committee and, subject to paragraph (29) of this order, shall be considered by a sub-committee of the committee.

(21) The sub-committee is to be called the programming subcommittee.

(22) The programming sub-committee shall consist of—

(a) the chair or one of the chairs of the committee (who is to be chair of the sub-committee); and

(b) seven members of the committee, nominated by the Speaker.

(23) The quorum of the programming sub-committee is four.

(24) The programming sub-committee shall report to the committee any resolution which it makes about—

(a) the number of sittings to be allotted to the consideration of the bill in the committee;

(b) the allocation of the proceedings to each sitting;

(d) the date by which the bill is to be reported to the House;

(e) the programming of consideration and third reading.

(25) Proceedings in the programming sub-committee shall be brought to a conclusion not later than two hours after their commencement.

(26) For the purposes of bringing any proceedings to a conclusion in accordance with paragraph (25), the chair shall—

(a) first put forthwith any question which has been proposed from the chair and not yet been decided; and

(b) then put forthwith successively questions on any motions made by a Minister of the Crown.

(27) Resolutions of the programming sub-committee—

(a) may be reported from time to time; and

(b) subject to the powers of the chair to select the amendments, new clauses and new schedules to be proposed,

may include alterations in the order in which specified proceedings are to be taken.

(28) On a motion in the terms of a resolution of the programming sub-committee being made in the committee, any question necessary to dispose of proceedings on the motion is to be put not later than half an hour after the commencement of those proceedings.

(29) A Minister of the Crown may make any motion in a public bill committee which could have been the subject of a resolution of the programming sub-committee; and for the purposes of this order the motion shall be treated as if it were in the terms of a resolution of the programming sub-committee: provided that proceedings on such a motion shall lapse if any member of the committee signifies objection to it.

(30) Any resolution of the committee—

(a) proposing an alteration to the date by which the bill is to be reported to the House; or

(b) making a recommendation about the programming of the bill on consideration and third reading;

shall be reported to the House.

(31) If a resolution is reported proposing an alteration to the date by which the bill is to be reported to the House, a supplemental programme motion shall be set down for a day not later than the fifth sitting day after the day when the report was made which may—

(a) give effect to the committee's proposal;

(b) otherwise alter or supplement the provisions of the original programme of the bill; or

(32) If a resolution is reported making a recommendation about the programming of the bill on consideration and third reading, a supplemental programme motion shall be set down before the consideration of the bill on report which may—

(a) give effect to the committee's recommendations;

(b) otherwise alter or supplement the provisions of the original programme of the bill; or

68 Concluding proceedings following Public Bill Committee (Programme Orders) [377]

(1) This section applies for the purpose of bringing proceedings in public bill committee or in committee of the whole House to a conclusion in accordance with a programme order.

(2) The chair shall put forthwith the following questions (but no others) in the same order as they would fall to be put if this order did not apply—

(a) any question already proposed from the chair;

(b) any question necessary to bring to a decision a question so proposed;

(d) the question on any amendment moved or motion made by a Minister of the Crown;

(e) any other question necessary for the disposal of the business to be concluded.

(3) On a motion made for a new clause or a new schedule, the chair shall put only the question that the clause or schedule be added to the bill.

(4) If two or more questions would fall to be put under paragraph (2)(d) on successive amendments moved or motions made by a Minister of the Crown, the chair shall instead put a single question in relation to those amendments or motions.

(5) If two or more questions would fall to be put under paragraph (2)(e) in relation to successive provisions of the bill, the chair shall instead put a single question in relation to those provisions, except that the question shall be put separately on any clause of or schedule to the bill which a Minister of the Crown has signified an intention to leave out.

(6) On conclusion of the proceedings in a committee, the chair shall report the bill (or such of the bill's provisions as were committed to it) to the House without putting any question.

69 Concluding proceedings on Third Reading (Programme Orders) [378]

(1) This section applies for the purpose of bringing proceedings on consideration and third reading to a conclusion in accordance with a programme order.

(2) The Speaker shall put forthwith the following questions (but no others) in the same order as they would fall to be put if this order did not apply—

(a) any question already proposed from the chair;

(b) any question necessary to bring to a decision a question so proposed;

(d) the question on any amendment moved or motion made by a Minister of the Crown;

(e) any other question necessary for the disposal of the business to be concluded.

(3) On a motion made for a new clause or a new schedule, the Speaker shall put only the question that the clause or schedule be added to the bill.

(4) If two or more questions would fall to be put under paragraph (2)(d) on successive amendments moved or motions made by a Minister of the Crown, the Speaker shall instead put a single question in relation to those amendments or motions.

70 Concluding proceedings following Lords amendments (Programme Orders)[379]

(1) This section applies for the purpose of bringing proceedings on consideration of Lords amendments to a conclusion in accordance with a programme order.

(2) The Speaker shall first put forthwith any question which has been proposed from the chair and not yet decided.

(3) If that question is for the amendment of a Lords amendment, the Speaker shall then put forthwith—

(a) a single question on any further amendments of the Lords amendment moved by a Minister of the Crown; and

(b) the question on any motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their amendment or (as the case may be) in their amendment as amended.

(4) The Speaker shall then put forthwith—

(a) a single question on any amendments moved by a Minister of the Crown to a Lords amendment; and

(b) the question on any motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their amendment or (as the case may be) in their amendment as amended.

(5) The Speaker shall then put forthwith the question on any motion made by a Minister of the Crown that this House disagrees with the Lords in a Lords amendment.

(6) The Speaker shall then put forthwith the question that this House agrees with the Lords in all the remaining Lords amendments.

(7) As soon as the House has—

(a) agreed or disagreed with the Lords in any of their amendments; or

(b) disposed of an amendment relevant to a Lords amendment which has been disagreed to,

the Speaker shall put forthwith a single question on any amendments moved by a Minister of the Crown relevant to the Lords amendment.

(8) The following paragraphs apply for the purpose of bringing proceedings on any further message from the Lords to a conclusion in accordance with a programme order.

(9) The Speaker shall first put forthwith any question which has been proposed from the chair and not yet decided.

(10) The Speaker shall then put forthwith the question on any motion made by a Minister of the Crown which is related to the question already proposed from the chair.

(11) The Speaker shall then put forthwith the question on any motion made by a Minister on or relevant to any of the remaining items in the Lords message.

(12) The Speaker shall then put forthwith the question that this House agrees with the Lords in all of the remaining Lords proposals.

(13) The following paragraphs apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with a programme order.

(14) The Speaker shall put forthwith the question on any motion made by a Minister of the Crown for the appointment, nomination and quorum of a committee to draw up reasons and the appointment of its chair.

(15) The committee shall report before the conclusion of the sitting at which it is appointed.

(16) Proceedings in the committee shall be brought to a conclusion not later than half an hour after their commencement.

(17) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (16), the chair shall—

(a) first put forthwith any question which has been proposed from the chair and not yet decided; and

(b) then put forthwith successively questions on motions which may be made by a Minister of the Crown for assigning a reason for disagreeing with the Lords in any of their amendments.

(18) The proceedings of the committee shall be reported without any further question being put.

71 Proceedings in the House of Commons on a Bill subject to a Programme Order[380]

(1) The provisions of this section apply to proceedings in the House or in committee of the whole House on a bill which is subject to a programme order.

(2) Standing Order No. 15(1) (Exempted business) applies to the proceedings for any period after the moment of interruption allocated to them in accordance with the programme order.

(3) The proceedings may not be interrupted under any Standing Order relating to the sittings of the House.

(4) If, on a day on which the bill has been set down to be taken as an order of the day, a motion for the adjournment of the House under Standing Order No. 24 (Emergency debates) would, apart from this order, stand over to seven o'clock, four o'clock or three o'clock—

(a) that motion stands over until the conclusion of any proceedings on the bill which, in accordance with the programme order, are to be brought to conclusion at or before that time; and

(b) the bringing to a conclusion of any proceedings on the bill which, in accordance with the programme order, are to be brought to a conclusion after that time is postponed for a period of time equal to the duration of the proceedings on that motion.

(5) If a day on which the bill has been set down to be taken as an order of the day is one to which a motion for the adjournment of the House under Standing Order No. 24 stands over from an earlier day, the bringing to a conclusion of any proceedings on the bill which, in accordance with the programme order, are to be brought to a conclusion on that day is postponed for a period equal to the duration of the proceedings on that motion.

(6) No dilatory motion may be made in relation to the proceedings except by a Minister of the Crown; and the question on any such motion is to be put forthwith.

(7) If at any sitting the House is adjourned, or the sitting is suspended, before the expiry of the period at the end of which proceedings are to be brought to a conclusion under a programme order, no notice is required of a motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of the programme order.

72 Public Bill Committees

(1) A public bill committee shall be appointed for the consideration of each bill committed to such a committee, subject to paragraph (4).[381]

(2) A public bill committee to which a bill is, or certain provisions of a bill are, committed by means of a programme order under Standing Order No. 83A (Programme motions) shall have the power to send for persons, papers and records.[382]

(3) A public bill committee given the power (under paragraph (2) of this section or paragraph (2)(b) of Standing Order No. 63 (Committal of bills not subject to a programme order)) to send for persons, papers and records may hear oral evidence at such meetings as the committee may appoint, and, unless the committee otherwise orders, all such evidence shall be given in public. The oral evidence shall be printed in the official report of the committee's debates and the committee shall have power to report written evidence to the House as if it were a select committee.[383]

(4) A Scottish public bill committee shall be appointed for the consideration of—

(a) each bill certified by the Speaker as relating exclusively to Scotland and committed to a public bill committee, and

(b) each bill committed to a Scottish public bill committee.[384]

73 Second Reading Committees

(1) A motion, of which at least ten days' notice has been given, may be made by a Minister of the Crown at the commencement of public business, that a public bill be referred to a second reading committee, and the question thereupon shall be put forthwith; and if, on the question being put, not fewer than twenty Members rise in their places and signify their objection thereto, the Speaker shall declare that the noes have it: Provided that no such notice shall be given until the bill has been printed and delivered to the Vote Office.[385]

(2) A motion, of which at least ten days' notice has been given, may with the leave of the House be made by the Member in charge of a private Member's bill at the commencement of public business on any day when private Members' bills have precedence under the provisions of Standing Order No. 14 (Arrangement of public business), that the said bill be referred to a second reading committee, and the question thereupon shall be put forthwith. If such a motion be agreed to, any order that the said bill be read a second time which stands on the paper for that or any subsequent day shall be discharged. No such motion shall be made before the eighth Friday on which private Members' bills have precedence and no such notice shall be given until the bill has been printed and delivered to the Vote Office.[386]

(3) A second reading committee shall report to the House either that it recommends that the bill ought to be read a second time or that it recommends that the bill ought not to be read a second time, and in the latter case it shall have power to state its reasons for so recommending.[387]

(4) When a second reading committee shall have made a report to the House in respect of a bill referred to it under paragraph (2) above, the bill shall be ordered to be read a second time upon a future day. [388]

(5) Upon a motion being made for the second reading of a bill reported from a second reading committee, the question thereon shall be put forthwith.[389]

(6) A bill which has been considered by a second reading committee or by the Scottish Grand Committee in relation to the principle of the bill may be referred for consideration on report to a committee to consider bills on report or to the Scottish Grand Committee, as the case may be, upon a motion made after notice by a Minister of the Crown at the commencement of public business, and the question on such motion shall be put forthwith; and if, on the question being put, not fewer than twenty Members rise in their places and signify their objection thereto, the Speaker shall declare that the noes have it.[390]

(7) A committee to consider bills on report shall consist of not fewer than twenty nor more than eighty Members, to be nominated by the Committee of Selection to serve on the committee for the consideration of each bill referred to it; and in the nomination of such Members, the Committee of Selection shall have regard to their qualifications and to the composition of the House: Provided that, for the consideration of all public bills relating exclusively to Wales, the committee shall be so constituted as to include all Members sitting for constituencies in Wales.[391]

(8) Any committee to which a bill is referred under this order shall report to the House that it has considered the bill and has made amendments or has made no amendment thereunto, as the case may be; and the bill so reported shall be ordered to be read the third time upon a future day.[392]

74 Private Members Bills

(1) On Tuesdays and Wednesdays, and, if given by a Minister of the Crown, on Mondays and Thursdays, notices of motions for leave to bring in bills, and for the nomination of select committees, may be set down for consideration at the commencement of public business. The Speaker, after permitting, if he thinks fit, a brief explanatory statement from the Member who makes and from a Member who opposes any such motion respectively, shall put either the question thereon, or the question, 'That the debate be now adjourned'.[393]

(2) With respect to a private Member's motion for leave to bring in a bill under this order—

(a) notice shall be given in the Public Bill Office by the Member in person or by another Member on his behalf, but on any one day not more than one notice shall be accepted from any one Member;

(b) no notice shall be given for a day on which a notice of motion under this order already stands on the paper;

(c) no notice shall be given for a day earlier than the fifth or later than the fifteenth sitting day after the day on which it is given;

(d) not more than one such notice shall stand on the paper in the name of any one Member for a day within any period of fifteen sitting days. [394]

Chapter 15: PROCEDURE OF THE HOUSE OF LORDS

75 Presence of the Monarch and arrangements [395]

(1) When Her Majesty comes publicly to the House, the Lords shall be attired in their robes or in such other dress as may be approved by Her Majesty, and shall sit in their due places.

(2) At all such solemn times, before Her Majesty comes, no person other than a Lord shall be allowed on the floor of the House except:

(a) such members of the Royal Family as Her Majesty may direct;

(b) Judges summoned by writ and the officers and attendants of this House;

(c) such Peeresses and members of the Diplomatic Corps as are in possession of an invitation issued by the Lord Great Chamberlain.

(3) No person whatsoever shall presume to stand upon the steps of the Throne but such as carry Her Majesty's train and those that bear the Regalia.

(4) The approaches to the House shall be kept clear from all unauthorised persons, and the Lord Great Chamberlain shall be desired to take care to see this Order duly observed.

76 No Bill to be read twice on the dame day [396]

(1) No Bill shall be read twice the same day; no Committee of the Whole House shall proceed on any Bill the same day as the Bill has been read the Second time; no report shall be received from any Committee of the Whole House the same day such Committee goes through the Bill, when any amendments are made to such Bill; and no Bill shall be read the Third time the same day that the Bill is reported from the Committee, or the order of commitment is discharged.

77 Commitment of Bills [397]

(1) After second reading, Bills are committed to a Committee on a Motion in the name of the Lord in charge of the Bill (except that in case of a Bill of Supply or a Bill certified by the Speaker as a Money Bill the House may order that the Bill be not committed).

(2) If, at the time appointed for the House to go into Committee on a Bill, no amendment has been set down and it appears that no Lord wishes to speak to the Bill or to table a manuscript amendment, the Lord in charge of the Bill may, having given notice, move, "That the order of commitment (or re-commitment) be discharged": provided that the Question shall not be put on any such Motion if a single Lord objects.

78 Amendments on Third Reading [398]

(1) No amendment, other than a privilege amendment, shall be moved upon the Third Reading of a Public Bill unless notice of the amendment has been given to the Clerk not later than the day preceding that on which the amendment is to be moved, in sufficient time to enable the amendment to be printed and circulated in the form in which it is to be moved.

79 Commons Bills to be dropped and not further proceeded [399]

(1) When a Bill brought from the House of Commons shall have remained on the Table of this House for twelve sitting days without any Lord giving notice of the Second Reading thereof, such Bill shall not be further proceeded with in the same session, except after eight days' notice given by a Lord of the Second Reading thereof.

80 Printing of Bills brought from the Commons[400]

(1) If a Public Bill is passed by the Commons and is carried up to the Office of the Clerk of the Parliaments at a time when this House is not sitting, and if it is for the convenience of this House that copies of the Bill should be circulated before the Bill is read a First time, the Bill shall be deemed to have been brought from the Commons and the Clerk of the Parliaments shall arrange for the printing and circulation of copies of the Bill and any Explanatory Notes thereto.

(2) Likewise, if a Public Bill is returned from the Commons with amendments or Reasons at a time when this House is not sitting, the Clerk of the Parliaments may, pursuant to this Standing Order, arrange for the printing and circulation of any such amendments and Reasons and any Explanatory Notes on the amendments.

81 Joint Committee on Consolidation Bills [401]

(1) There shall be a Select Committee consisting of twelve Lords, who shall be appointed at the commencement of every session, to join with a Committee of the House of Commons as the Joint Committee on Consolidation etc. Bills, to which shall be referred:

(a) Consolidation Bills whether public or private;

(b) Statute Law Revision Bills;

(c) Bills prepared pursuant to the Consolidation of Enactments (Procedure) Act 1949, together with any memoranda laid pursuant to that Act and any representations made with respect thereto;

(d) Bills to consolidate any enactments with amendments to give effect to recommendations made by one or both of the Law Commissions together with any report containing such recommendations;

(e) Bills prepared by one or both of the Law Commissions to promote the reform of the Statute Law by the repeal, in accordance with Law Commission recommendations, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, whether or not they make other provision in connection with the repeal of those enactments, together with any Law Commission report on any such Bill.

82 No clause to be annexed to a Bill of Aid or foreign to the matter [402]

(1) The annexing of any clause or clauses to a Bill of Aid or Supply, the matter of which is foreign to and different from the matter of the said Bill of Aid or Supply, is unparliamentary and tends to the destruction of constitutional Government.

83 Chairman of Committees [403]

(1) The Lord nominated Chairman of Committees at the commencement of every session or, in his absence, a Deputy Chairman shall take the Chair in all Committees of the Whole House, and in all other Committees of the House, unless the House otherwise directs.

84 Committees of the Whole House [404]

(1) To have more freedom of debate, and that arguments may be used (pro and contra), Committees of the Whole House are appointed, sometimes for Bills, sometimes to discuss matters of great moment. Whenever the House resolves itself into a Committee, the Lord Speaker leaves the Woolsack and he or the Lord Chairman of Committees presides over the Committee from the Chair; Standing Order No. 30 (No Lord to speak more than once to a Motion) shall not apply when the House is in Committee.

85 Committee of Selection [405]

(1) At the commencement of each session the House shall appoint a Committee of Selection consisting of the Chairman of Committees and such other Lords as the House shall name.

(2) The Committee of Selection shall select and propose to the House the names of the Lords to form each Select Committee of the House except the Committee of Selection itself, any Committee otherwise provided for by statute or by Order of the House and, unless the Chairman of Committees is of the opinion that the members of any such Committee should be appointed by the Committee of Selection or unless two or more members of that Committee request a meeting for that purpose, the following Committees:

(a) Select Committees on Private Bills;

(b) Select Committees on opposed Personal Bills;

(d) Joint Committees under the Private Legislation Procedure (Scotland) Act 1936 (Lords members);

(e) Joint Committees under the Statutory Orders (Special Procedure) Act 1945 (Lords members).

(3) The Committee of Selection may propose to the House the name of the Lord to be Chairman of a Select Committee.

(4) In the absence of any Chairman appointed in pursuance of paragraph (3) of this section a Committee may appoint its own Chairman.

(5) The Committee of Selection shall select and propose to the House the names of the panel of Lords to act as Deputy Chairmen of Committees for each session.

(6) The Committee of Selection shall also have power to select and propose to the House the names of the Lords to form any other body, not being a Select Committee, referred to it by the Chairman of Committees.

(7) The Chairman of Committees shall have discretion to propose to the House, without reference to the Committee of Selection, the names of Lords to fill casual vacancies occurring in the membership of Select Committees.

86 All Lords may attend and speak but not vote [406]

(1) At a Select Committee of the House any Lord, though not of the Committee, is not excluded from coming in and speaking, but he must not attend any meeting while the Committee deliberate, unless invited by the Committee to do so, and he must not vote.

87 Power to hear Counsel [407]

(1) A Select Committee shall call such evidence as it may require, but shall not hear parties by Counsel unless so authorised by Order of the House.

88 Concurrent meetings [408]

(1) Any Select Committee of the House shall have leave to confer and meet concurrently with any Committee or Sub-Committee of the Commons appointed to consider a similar matter, for the purpose of deliberating or taking evidence, and may communicate to any such Committee or Sub-Committee its evidence or any other documents relating to matters of common interest. Any Select Committee of the House shall also have leave to give this power to confer and meet concurrently to any Sub-Committee appointed by it.

89 Reports of Select Committees [409]

(1) Reports from Select Committees shall be laid on the Table and ordered to be printed. Notice shall be given on the Order Paper of the day on which the report is to be considered.

89A Joint Committee on Statutory Instruments [410]

(1) There shall be a Select Committee consisting of seven Lords, which shall join with a Committee of the House of Commons as the Joint Committee on Statutory Instruments, to consider:

(a) every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament; being

(i) a statutory instrument, or a draft of a statutory instrument;

(ii) a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by statutory instrument;

(iii) any other instrument (whether or not in draft), where the proceedings in pursuance of an Act of Parliament are proceedings by way of an affirmative resolution; or

(iv) an Order subject to special parliamentary procedure;

but excluding any remedial order or draft remedial order under Schedule 2 to the Human Rights Act 1998, and any draft order proposed to be made under Part 1 of the Legislative and Regulatory Reform Act 2006 and any subordinate provisions order made or proposed to be made under the Regulatory Reform Act 2001; any draft order laid under or by virtue of section 7 or section 19 of the Localism Act 2011, and any draft order laid under or by virtue of section 5E of the Fire and Rescue Services Act 2004; and

(b) every general statutory instrument not within the foregoing classes, and not required to be laid before or to be subject to proceedings in the Commons only; but not including any Scottish statutory instrument or any statutory instrument made by the Welsh Ministers unless it is required to be laid before Parliament or either House of Parliament and not including Measures under the Church of England Assembly (Powers) Act 1919 and instruments made under such Measures;

with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds—

(i) that it imposes a charge on the public revenues or contains provisions requiring payments to be made to the Exchequer or any government department or to any local or public authority in consideration of any licence or consent or of any services to be rendered, or prescribes the amount of any such charge or payments;

(ii) that it is made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts, either at all times or after the expiration of a specific period;

(iii) that it purports to have retrospective effect where the parent statute confers no express authority so to provide;

(iv) that there appears to have been unjustifiable delay in the publication or in the laying of it before Parliament;

(v) that there appears to have been unjustifiable delay in sending a notification under the proviso to subsection (1) of section 4 of the Statutory Instruments Act 1946, where an Instrument has come into operation before it has been laid before Parliament;

(vi) that there appears to be a doubt whether it is intra vires or that it appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;

(vii) that for any special reasons its form or purport call for elucidation;

(viii) that its drafting appears to be defective;

or on any other ground which does not impinge on its merits or on the policy behind it, and to report their decision with the reasons thereof in any particular case.

90 Committee for Privileges and Conduct

(1) A Committee for Privileges and Conduct shall be appointed at the beginning of every session; sixteen Lords shall be named of the Committee, of whom two shall be former holders of high judicial office. In any claim of peerage, the Committee for Privileges and Conduct shall sit with three holders of high judicial office, who shall have the same speaking and voting rights as the members of the Committee.[411]

91 Claims of Peerage [412]

(1) In claims of Peerage the following directions shall apply in regard to claims by Petition which have been referred to the Committee for Privileges and Conduct:

(2) The Petitioner shall lodge his case, pedigree and proofs with the Clerk of the Parliaments within six weeks from the date of the presentation of his Petition to the House.

(3) Records and documents in public custody may be proved before the Committee by copies officially certified as in ordinary legal proceedings. The production of originals of such documents shall not be required except on an order of the Lord Speaker or Chairman of Committees. Originals of records and documents in private custody, together with copies thereof, must be produced and proved before the Committee.

(4) In unopposed claims the record of the documentary evidence given before the Committee shall be examined by an examiner appointed by the Crown Agent. The Crown Agent may, if he think fit, similarly appoint an examiner in opposed claims. The cost of the examination shall be borne by the claimant.

(5) The fees to be charged shall be such as shall be authorised from time to time by the House.

92 Claims of Irish Peerage [413]

(1) A claim to any Peerage of Ireland shall be made by Petition to the House, which Petition shall be referred to the Lord Chancellor to consider and report upon to the House.

93 Claims of Irish Peerages in abeyance [414]

(1) In case any Peerage of Ireland now is or hereafter shall be in abeyance, the persons claiming to be co-heirs thereto, or any of them, may, by Petition to the House, state such claim, and pray that the same may be examined by the House.

(2) No claim of any Peerage of Ireland alleged to be in abeyance shall be proceeded upon until the same shall have been recommended by Her Majesty to the consideration of the House, or until Her Majesty shall have been informed of such claim by the House.

(3) Every such claim shall be referred to the Committee for Privileges and Conduct to examine the matter and report the same, as it shall appear to them, to the House.

(4) In case it shall appear to the House that any such Peerage is in abeyance, the House shall inform Her Majesty that in the opinion of the House such Peerage, though in abeyance, is to be deemed and taken to be an existing Peerage, according to the Fourth Article of Union.

94 Privileges

(1) The privilege of the House is that, when Parliament is sitting, or within the usual times of privilege of Parliament, no Lord of Parliament is to be imprisoned or restrained without sentence or order of the House, unless upon a criminal charge or for refusing to give security for the peace. Notification of any order whatsoever for the imprisonment or restraint of a Lord of Parliament should be given to the House by the Court or authority ordering such restraint or imprisonment. [415]

(2) Privilege of Parliament shall not be allowed to minor Peers, Noblewomen, or widows of Peers; and if the widow of any Peer shall be married to a commoner, she shall not be allowed privilege of Peerage.[416]

(3) In all cases wherein it is necessary to examine witnesses in perpetuam rei memoriam, it shall not be taken to be a breach of privilege of Parliament to file a Bill against a Peer in time of Parliament, and take out usual process for that purpose only.[417]

(4) No oath shall be imposed by any Bill or otherwise upon Peers with a penalty in case of refusal to lose their places and votes in Parliament or liberty of debate therein.[418]

Chapter 16: RELATIONSHIP BETWEEN THE TWO HOUSES[419]

95 Money Bills

(1) If a Money Bill, having been passed by the House of Commons, and sent up to the House of Lords at least one month before the end of the session, is not passed by the House of Lords without amendment within one month after it is so sent up to that House, the Bill shall, unless the House of Commons direct to the contrary, be presented to His Majesty and become an Act of Parliament on the Royal Assent being signified, notwithstanding that the House of Lords have not consented to the Bill.[420]

(2) A Money Bill means a Public Bill which in the opinion of the Speaker of the House of Commons contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on the Consolidated Fund, the National Loans Fund or on money provided by Parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; or subordinate matters incidental to those subjects or any of them.

In this subsection the expressions "taxation," "public money," and "loan" respectively do not include any taxation, money, or loan raised by local authorities or bodies for local purposes.[421]

(3) There shall be endorsed on every Money Bill when it is sent up to the House of Lords and when it is presented to His Majesty for assent the certificate of the Speaker of the House of Commons signed by him that it is a Money Bill. Before giving his certificate the Speaker shall consult, if practicable, two members to be appointed from the Chairmen's Panel at the beginning of each Session by the Committee of Selection.[422]

96 Public Bills

(1) If any Public Bill (other than a Money Bill or a Bill containing any provision to extend the maximum duration of Parliament beyond five years) is passed by the House of Commons in two successive sessions (whether of the same Parliament or not), and, having been sent up to the House of Lords at least one month before the end of the session, is rejected by the House of Lords in each of those sessions, that Bill shall, on its rejection for the second time by the House of Lords, unless the House of Commons direct to the contrary, be presented to His Majesty and become an Act of Parliament on the Royal Assent being signified thereto, notwithstanding that the House of Lords have not consented to the Bill: Provided that this provision shall not take effect unless one year has elapsed between the date of the second reading in the first of those sessions of the Bill in the House of Commons and the date on which it passes the House of Commons in the second of these sessions.[423]

(2) When a Bill is presented to His Majesty for assent in pursuance of the provisions of this section, there shall be endorsed on the Bill the certificate of the Speaker of the House of Commons signed by him that the provisions of this section have been duly complied with. [424]

(3) A Bill shall be deemed to be rejected by the House of Lords if it is not passed by the House of Lords either without amendment or with such amendments only as may be agreed to by both Houses.[425]

(4) A Bill shall be deemed to be the same Bill as a former Bill sent up to the House of Lords in the preceding session if, when it is sent up to the House of Lords, it is identical with the former Bill or contains only such alterations as are certified by the Speaker of the House of Commons to be necessary owing to the time which has elapsed since the date of the former Bill, or to represent any amendments which have been made by the House of Lords in the former Bill in the preceding session, and any amendments which are certified by the Speaker to have been made by the House of Lords in the second session and agreed to by the House of Commons shall be inserted in the Bill as presented for Royal Assent in pursuance of this section: Provided that the House of Commons may, if they think fit, on the passage of such a Bill through the House in the second session, suggest any further amendments without inserting the amendments in the Bill, and any such suggested amendments shall be considered by the House of Lords, and, if agreed to by that House, shall be treated as amendments made by the House of Lords and agreed to by the House of Commons; but the exercise of this power by the House of Commons shall not affect the operation of this section in the event of the Bill being rejected by the House of Lords.[426]

Chapter 17: PARLIAMENTARY PRIVILEGES AND STANDARDS

97 Freedom from arrest

(1) For the guarantee of his or her attendance in Parliament, a member of the House of Commons enjoys freedom from civil arrest, except for contempt of court, for a period of 40 days after every prorogation or dissolution and 40 days before the next appointed meeting.[427]

(2) The privilege of a peerage confers immunity from arrest in civil causes at all times.[428]

(3) In all cases in which members of either House of Parliament are arrested on criminal charges, the Speaker of the House concerned must be informed of the cause for which they are detained from their service in Parliament.[429]

98 Evidence concerning proceedings in Parliament[430]

(1) Where the conduct of a person in or in relation to proceedings in Parliament is in issue in defamation proceedings, he may waive for the purposes of those proceedings, so far as concerns him, the protection of any enactment or rule of law which prevents proceedings in Parliament being impeached or questioned in any court or place out of Parliament.

(2) Where a person waives that protection—

(a) any such enactment or rule of law shall not apply to prevent evidence being given, questions being asked or statements, submissions, comments or findings being made about his conduct, and

(b) none of those things shall be regarded as infringing the privilege of either House of Parliament.

(3) The waiver by one person of that protection does not affect its operation in relation to another person who has not waived it.

(4) Nothing in this section affects any enactment or rule of law so far as it protects a person (including a person who has waived the protection referred to above) from legal liability for words spoken or things done in the course of, or for the purposes of or incidental to, any proceedings in Parliament.

(5) Without prejudice to the generality of subsection (4), that subsection applies to—

(a) the giving of evidence before either House or a committee;

(b) the presentation or submission of a document to either House or a committee;

(d) the formulation, making or publication of a document, including a report, by or pursuant to an order of either House or a committee; and

(e) any communication with the Parliamentary Commissioner for Standards or any person having functions in connection with the registration of members' interests.

In this subsection "a committee" means a committee of either House or a joint committee of both Houses of Parliament.

99 The Parliamentary Commissioner for Standards [431]

(1) There shall be an Officer of the House of Commons, called the Parliamentary Commissioner for Standards, who shall be appointed by the House.

(2) The principal duties of the Commissioner shall be—

(a) to maintain the Register of Members' Financial Interests and any other registers of interest established by the House, and to make such arrangements for the compilation, maintenance and accessibility of those registers as are approved by the Committee on Standards or an appropriate sub-committee thereof;

(b) to provide advice confidentially to Members and other persons or bodies subject to registration on matters relating to the registration of individual interests;

(c) to advise the Committee on Standards, its sub-committees and individual Members on the interpretation of any code of conduct to which the House has agreed and on questions of propriety;

(d) to monitor the operation of such code and registers, and to make recommendations thereon to the Committee on Standards or an appropriate sub-committee thereof; and

(e) to investigate, if he thinks fit, specific matters which have come to his attention relating to the conduct of Members and to report to the Committee on Standards or to an appropriate sub-committee thereof, unless the provisions of paragraph (4) apply.

(3) In determining whether to investigate a specific matter relating to the conduct of a Member the Commissioner shall have regard to whether in his view there is sufficient evidence that the Code of Conduct or the rules relating to registration or declaration of interests may have been breached to justify taking the matter further.

(4) No report shall be made by the Commissioner—

(a) in any case where the Member concerned has agreed that he has failed to register or declare an interest, if it is the Commissioner's opinion that the interest involved is minor, or the failure was inadvertent, and the Member concerned has taken such action by way of rectification as the Commissioner may have required within any procedure approved by the Committee for this purpose; and

(b) in any case involving parliamentary allowances, or the use of facilities or services, if the Commissioner has with the agreement of the Member concerned referred the matter to the relevant Officer of the House for the purpose of securing appropriate financial reimbursement, and the Member has made such reimbursement within such period of time as the Commissioner considers reasonable.

(5) The Commissioner may at any time in the course of investigating a complaint, and if so requested by the Committee on Standards and Privileges shall, appoint an Investigatory Panel to assist him in establishing the facts relevant to the investigation.

100 The Committee on Standards [432]

(1) There shall be a select committee, called the Committee on Standards—

(a) to oversee the work of the Parliamentary Commissioner for Standards; to examine the arrangements proposed by the Commissioner for the compilation, maintenance and accessibility of the Register of Members' Financial Interests and any other registers of interest established by the House; to review from time to time the form and content of those registers; and to consider any specific complaints made in relation to the registering or declaring of interests referred to it by the Commissioner; and

(b) to consider any matter relating to the conduct of Members, including specific complaints in relation to alleged breaches in any code of conduct to which the House has agreed and which have been drawn to the committee's attention by the Commissioner; and to recommend any modifications to such code of conduct as may from time to time appear to be necessary.

(2) The committee shall consist of ten Members, and at least two and no more than three lay members.

(3) Unless the House otherwise orders, each Member nominated to the committee shall continue to be a member of it for the remainder of the Parliament.

(4) The committee shall have power to appoint sub-committees consisting of no more than seven Members, and at least two lay members, and to refer to such sub-committees any of the matters referred to the committee.

(5) Lay members may take part in proceedings of the committee and of any sub-committee to which they are appointed and may ask questions of witnesses, but lay members may not move any motion or any amendment to any motion or draft report, and may not vote.

(6) The quorum of the committee shall be five members who are Members of this House, and the quorum of any subcommittee shall be three members who are Members of this House.

(7) The committee and any sub-committee may not proceed to business unless at least one lay member is present.

(8) The committee and any sub-committee shall have power—

(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House and to adjourn from place to place;

(b) subject to the provisions of paragraph (9) of this section, to report from time to time;

(c) to appoint legal advisers, and to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee's order of reference.

(9) Any lay member present at a meeting at which a report has been agreed shall have the right to submit a paper setting out that lay member's opinion on the report. The Committee shall not consider a motion that the Chair make a report to the

House until it has ascertained whether any lay member present wishes to submit such a paper; and any such paper shall be appended to the report in question before it is made to the House.

(10) The committee shall have power to order the attendance of any Member before the committee or any sub-committee and to require that specific documents or records in the possession of a Member relating to its inquiries, or to the inquiries of a sub-committee or of the Commissioner, be laid before the committee or any sub-committee.

(11) The committee, or any sub-committee, shall have power to refer to unreported evidence of the former Committees on Standards and Privileges and to any documents circulated to any such committee.

(12) The committee shall have power to refuse to allow proceedings to which the public are admitted to be broadcast.

(13) The Attorney General, the Advocate General and the Solicitor General, being Members of the House, may attend the committee or any sub-committee, may take part in deliberations, may receive committee or sub-committee papers and may give such other assistance to the committee or subcommittee as may be appropriate, but shall not vote or make any motion or move any amendment or be counted in the quorum.

(14) Lay members shall be appointed to the Committee on Standards by a resolution of the House on a motion made under the provisions of this section and shall remain as lay members in accordance with the provisions of this section.

(15) No person may be first appointed as a lay member if that person is or has been a Member of this House or a Member of the House of Lords; and any person so appointed shall cease to be a lay member upon becoming a Member of this House or of the House of Lords.

(16) No person may be appointed as a lay member unless that person has been selected on the basis of a fair and open competition.

(17) A person appointed as a lay member may resign as a lay member by giving notice to the House of Commons Commission.

(18) A person appointed as a lay member shall be dismissed from that position only following a resolution of the House, after the House of Commons Commission has reported that it is satisfied that the person should cease to be a lay member; and any such report shall include a statement of the Commission's reasons for its conclusion.

(19) Subject to the provisions of paragraphs (15), (17) and (18) of this section, a person appointed as a lay member shall continue as a lay member for the remainder of the Parliament in which that person was first appointed.

(20) A person first appointed as a lay member who has been a lay member for the remainder of one Parliament may be reappointed by a resolution of the House in the subsequent Parliament, and the provisions of paragraph (16) of this section shall not apply to any such re-appointment. The period of re-appointment shall be specified in the resolution of the House for re-appointment and shall not exceed two years from the dissolution of the Parliament in which the person was first appointed as a lay member, and a resolution under this paragraph shall cease to have effect on the dissolution of the Parliament in which the resolution of the House for reappointment was made.

(21) No person may be re-appointed as a lay member other than in accordance with the provisions of paragraph (20) of this order.

(22) No motion may be made under the provisions of this order

unless—

(a) notice of the motion has been given at least two sitting days previously, and

(b) the motion is made on behalf of the House of Commons Commission by a Member of the Commission.

(23) The Speaker shall put the questions necessary to dispose of proceedings on motions made under the provisions of this order not later than one hour after the commencement of those proceedings.

(24) Business to which this order applies may be proceeded with at any hour, though opposed.

101 The Committee on Privileges [433]

(1) There shall be a select committee, called the Committee of Privileges, to consider specific matters relating to privileges referred to it by the House.

(2) The committee shall consist of ten Members, of whom five shall be a quorum.

(3) Unless the House otherwise orders, each Member nominated to the committee shall continue to be a member of it for the remainder of the Parliament.

(4) The committee shall have power to appoint subcommittees consisting of no more than seven Members, of whom three shall be a quorum, and to refer to such subcommittees any of the matters referred to the committee.

(5) The committee and any sub-committee shall have power—

(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place and to report from time to time;

(b) to appoint legal advisers, and to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee's order of reference.

(6) The committee shall have power to order the attendance of any Member before the committee and to require that specific documents or records in the possession of a Member relating to its inquiries be laid before the committee or any sub-committee.

(7) The committee shall have power to refer to unreported evidence of the former Committees on Standards and Privileges and to any documents circulated to any such committee.

(8) The committee shall have power to refuse to allow proceedings to which the public are admitted to be broadcast.

(9) The Attorney General, the Advocate General and the Solicitor General, being Members of the House, may attend the committee, may take part in deliberations, may receive committee papers and may give such other assistance to the committee as may be appropriate, but shall not vote or make any motion or move any amendment or be counted in the quorum.

102 Independent Parliamentary Standards Authority

(1)There is to be a body corporate known as the Independent Parliamentary Standards Authority ("IPSA").[434]

(2) The IPSA, its members and its staff are not to be regarded—

(a) as the servants or agents of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown. [435]

(3) The IPSA's property is not to be regarded as property of, or property held on behalf of, the Crown.[436]

(4) The IPSA may do anything (except borrow money) which is calculated to facilitate the carrying out of its functions or is incidental or conducive to the carrying out of those functions. [437]

(5) The IPSA determines the amounts of the salaries and allowances to be paid to Members of the House of Commons. [438]

(6) Membership of the IPSA is governed by Part 1 of Schedule 1 to the Parliamentary Standards Act 2009 (c.13).

261 Standing Orders of the House of Commons Relating to Public Business 2012 (HC 614/2012) Standing Order (hereafter 'Commons SO') No.1(1) Back

262 Commons SO 1(2) Back

263 Commons SO 1(3) Back

264 Commons SO 1A(1) Back

265 Commons SO 1A(2) Back

266 Commons SO 1A(3) Back

267 Commons SO.18 Back

268 Commons SO 19(1) Back

269 Commons SO 19(2) Back

270 Commons SO 19(3) Back