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;
(c) a day which is a bank holiday under the Banking
and Financial Dealings Act 1971 in any part of the United Kingdom;
(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 beingis 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;
(c) is a member of any of the regular armed forces
of the Crown;
(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);
(c) is either a Commonwealth citizen or a citizen
of the Republic of Ireland; and
(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);
(c) is either a qualifying Commonwealth citizen or
a citizen of the Republic of Ireland; and
(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);
(c) is a qualifying Commonwealth citizen, a citizen
of the Republic of Ireland or a relevant citizen of the Union;
and
(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
(c) in relation to each such person, that person's
electoral number. [321]
(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,
(c) in the case of the Commission for Wales shall
be a judge of the High Court appointed by the Lord Chancellor,
(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
(c) the Commission submit to the Secretary of State
a statement of the reasons for those modifications,
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.
(c) A Boundary Commission may take into account,
if and to such extent as they think fit
(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.
(c) "Ordinary council-election day" is
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
(c) from sitting or voting in a committee of the
House of Lords or a joint committee of both Houses. [345]
(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
(c) on any such half day, proceedings under this
paragraph shall either
(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
(c) inform the Clerks at the Table of his intention
to take charge of a bill which has been brought from the Lords.
(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;
(c) the time at which any proceedings, if not previously
concluded, are to be brought to a conclusion;
(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
(c) confirm the date set in the original programme
order for the bill.
(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
(c) confirm the original programme order for the
bill.
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;
(c) the question on any amendment, new clause or
new schedule selected by the chair for separate decision;
(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;
(c) the question on any amendment, new clause or
new schedule selected by the Speaker for separate decision;
(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;
(c) Select Committees on opposed Provisional Order
Confirmation 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;
(c) the preparation of a document for the purposes
of or incidental to the transacting of any such business;
(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
271
Commons SO.19(4) Back
272
Commons SO 19(5) Back
273
Commons SO 19(6) Back
274
Commons SO 19(7) Back
275
Commons SO 19(8) Back
276
Commons SO 19(9) Back
277
Commons SO 19(10) Back
278
Fixed-term Parliaments Act 2011 c.14 s1(2) Back
279
Fixed-term Parliaments Act 2011 c.14 s1(3) Back
280
Fixed-term Parliaments Act 2011 c.14 s1(4) Back
281
Fixed-term Parliaments Act 2011 c.14 s1(5) Back
282
Fixed-term Parliaments Act 2011 c.14 s1(6) Back
283
Fixed-term Parliaments Act 2011 c.14 s1(7) Back
284
Fixed-term Parliaments Act 2011 c.14 s2(1) Back
285
Fixed-term Parliaments Act 2011 c.14 s2(2) Back
286
Fixed-term Parliaments Act 2011 c.14 s2(3) Back
287
Fixed-term Parliaments Act 2011 c.14 s2(4) Back
288
Fixed-term Parliaments Act 2011 c.14 s2(5) Back
289
Fixed-term Parliaments Act 2011 c.14 s2(6) Back
290
Fixed-term Parliaments Act 2011 c.14 s2(7) Back
291
Fixed-term Parliaments Act 2011 c.14 s3(1) Back
292
Fixed-term Parliaments Act 2011 c.14 s3(2) Back
293
Fixed-term Parliaments Act 2011 c.14 s3(3) Back
294
Fixed-term Parliaments Act 2011 c.14 s3(4) Back
295
Fixed-term Parliaments Act 2011 c.14 s3(5) Back
296
Fixed-term Parliaments Act 2011 c.14 s3(6) Back
297
Cabinet Manual Ch.1 para 1.1 & Ch.2 para 2.22 Back
298
Cabinet Manual Ch.2 para 2.23 Back
299
Cabinet Manual Ch.2 para
2.4 Back
300
Electoral Administration Act 2006 c.22 s17 Back
301
Act of Settlement 1700 Part III (as amended) Back
302
Electoral Administration Act 2006 c.22 s18(1) Back
303
Electoral Administration Act 2006 c.22 s18(2) Back
304
Electoral Administration Act 2006 c.22 s18(3) Back
305
Electoral Administration Act 2006 c.22 s18(4) Back
306
Electoral Administration Act 2006 c.22 s18(5) Back
307
Representation of the People Act 1983 c.2 s159(1) Back
308
Representation of the People Act 1981 c.34 s1 Back
309
House of Commons Disqualification Act 1975 c.24 s1 Back
310
House of Commons Disqualification Act 1975 c.24 s1(4) Back
311
Representation of the People Act 1983 c.2 s1(1) (as amended) Back
312
Representation of the People Act 1983 c2 s1(2). Back
313
Representation of the People Act 1983 c.2 s4(1) Back
314
Representation of the People Act 1983 c.2 s4(2) Back
315
Representation of the People Act 1983 c.2 s4(3) Back
316
Representation of the People Act 1983 c.2 s4(4) Back
317
Representation of the People Act 1983 c.2 s4(5) Back
318
Representation of the People Act 1983 c.2 s4(6) Back
319
Representation of the People Act 1983 c.2 s4(5A) Back
320
Representation of the People Act 1983 c.2 s9(1) Back
321
Representation of the People Act 1983 c.2 s9(2) Back
322
Representation of the People Act 1983 c.2 s9(3) Back
323
Representation of the People Act 1983 c.2 s9(4) Back
324
Representation of the People Act 1983 c.2 s9(5) Back
325
Representation of the People Act 1983 c.2 s9(7) Back
326
Representation of the People Act 1983 c.2 s3(1) Back
327
Representation of the People Act 1983 c.2 s3A Back
328
This chapter consolidates provisions in the Parliamentary Constituencies
Act 1986 (as amended) and the Parliamentary Voting System and
Constituencies Act 2011 (as amended). Back
329
Boundary Commission for England Annual Report 2012-13
(2013) p.8; Boundary Commission for Scotland Annual Report
2012/13 (2013) p.1; Boundary Commission for Wales Annual
Report 2011-12 (2012) p.3; Boundary Commission for
Northern Ireland Annual Report 2011-12 (2012) s1.1 Back
330
Electoral Registration and Administration Act 2013, s.6, amending
the Parliamentary Voting System and Constituencies Act 2011, s.10(3). Back
331
Representation of the People Act 1983 c.2 Sch. 1, paragraph 18. Back
332
The Standing Orders of the House of Lords Relating to Public
Business 2013 (HL 105/2013) Standing Order No.2 Back
333
House of Lords Act 1999 c.34 s1 Back
334
House of Lords Act 1999 c.34 s2(1) Back
335
House of Lords Act 1999 c.34 s2(2) Back
336
House of Lords Act 1999 c.34 s2(3) Back
337
House of Lords Act 1999 c.34 s2(4) Back
338
House of Lords Act 1999 c.34 s2(5) Back
339
House of Lords Act 1999 c.34 s2(6) Back
340
Life Peerages Act 1958 c.21 s1(1) Back
341
Life Peerages Act 1958 c.21 s1(2) Back
342
Life Peerages Act 1958 c.21 s1(3) Back
343
Life Peerages Act 1958 c.21 s1(4) Back
344
Bishoprics Act 1878 c.68 s5 Back
345
Insolvency Act 1986 c.45 s426A(1) Back
346
Insolvency Act 1986 c.45 s426A(2) Back
347
Insolvency Act 1986 c.45 s426A(3) Back
348
Insolvency Act 1986 c.45 s426A(4) Back
349
Insolvency Act 1986 c.45 s426A(5) Back
350
Insolvency Act 1986 c.45 s426A(6) Back
351
The Standing Orders of the House of Commons Relating to Public
Business 2012 (HC 614/2012) Standing Order ('Commons SO')
No.14 Back
352
Commons SO 57(1) Back
353
Commons SO 57(2) Back
354
Commons SO 57A(1) Back
355
Commons SO 57A(2) Back
356
Commons SO 61(1) Back
357
Commons SO 61(2) Back
358
Commons SO.62(1) Back
359
Commons SO 62(2) Back
360
Commons SO 63(1) Back
361
Commons SO.63(2) Back
362
Commons SO 63(3) Back
363
Commons SO.63(4) Back
364
Commons SO.65 Back
365
Commons SO 66 Back
366
Commons SO.68 Back
367
Commons SO 69 Back
368
Commons SO 71 Back
369
Commons SO 72 Back
370
Commons SO 76 Back
371
Commons SO.77(1) Back
372
Commons SO 78(1) Back
373
Commons SO 78(2) Back
374
Commons SO 78(3) Back
375
Commons SO 83 Back
376
Commons SO 83A-83C Back
377
Commons SO 83D Back
378
Commons SO 83E Back
379
Commons SO 83F-83H Back
380
Commons SO 83I Back
381
Commons SO 84A(1) Back
382
Commons SO 84A(2) Back
383
Commons SO 84A(3) Back
384
Commons SO 84A(4) Back
385
Commons SO.90(1) Back
386
Commons SO.90(2) Back
387
Commons SO 90(3) Back
388
Commons SO 90(4) Back
389
Commons SO 90(5) Back
390
Commons SO 92(1) Back
391
Commons SO 92(2) Back
392
Commons SO 92(3) Back
393
Commons SO 23(1) Back
394
Commons SO 23(2) Back
395
The Standing Orders of the House of Lords Relating to Public
Business 2013 (HL 105/2013) Standing Order (hereafter 'Lords
SO') No.1 Back
396
Lords SO 46 Back
397
Lords SO 47 Back
398
Lords SO 48 Back
399
Lords SO 49 Back
400
Lords SO 50 Back
401
Lords SO 51 Back
402
Lords SO.52 Back
403
Lords SO 61 Back
404
Lords SO 62 Back
405
Lords SO 63 Back
406
Lords SO 65 Back
407
Lords SO 66 Back
408
Lords SO 67 Back
409
Lords SO 68 Back
410
Lords SO 73 Back
411
Lords SO.77 Back
412
Lords SO 78 Back
413
Lords SO 79 Back
414
Lords SO 80 Back
415
Lords SO 82 Back
416
Lords SO 83 Back
417
Lords SO 84 Back
418
Lords SO 85 Back
419
By Convention, the House of Lords will accord a Second Reading
to a Bill whose main policy purpose was included in the governing
party's manifesto in the previous general election. It not subject
such a Bill to wrecking amendments which would change the Government's
manifesto intention, and will return such a Bill to the House
of Commons in reasonable time so as to ensure that the House of
Commons has the opportunity to consider the Bill or any amendments
proposed by the House of Lords: Report of the Joint Committee
on Conventions (2005-06, HL 265-I, HC 1212-I) para. 99 Back
420
Parliament Act 1911 c.13 s1(1) Back
421
Parliament Act 1911 c.13 s1(2) Back
422
Parliament Act 1911 c.13 s1(3) Back
423
Parliament Act 1911 c.13 s2(1) Back
424
Parliament Act 1911 c.13 s2(2) Back
425
Parliament Act 1911 c.13 s2(3) Back
426
Parliament Act 1911 c.13 s2(4) Back
427
Law and custom of Parliament; Sir William Blackstone, Commentaries
(17th ed., 1830), 1, p.165. Goudy v Duncombe (1847) 154
ER 183 at 184; Barnard v Mordaunt (1754) 96 ER 939; Anglo-French
Co-operative Society [1880] 14 ChD 534. Back
428
Common law; Erskine May's Parliamentary Practice (24th
ed., 2011), p.249. Back
429
Law and custom of Parliament; Erskine May's Parliamentary Practice
(24th ed., 2011), p.243. Back
430
Defamation Act 1996 c.31 s13 Back
431
The Standing Orders of the House of Commons Relating to Public
Business 2012 (HC 614/2012) Standing Order No.150 Back
432
The Standing Orders of the House of Commons Relating to Public
Business 2012 (HC 614/2012) Standing Order No.149 & 149A Back
433
The Standing Orders of the House of Commons Relating to Public
Business 2012 (HC 614/2012) Standing Order No. 148A Back
434
Parliamentary Standards Act 2009 c.13 s3(1) Back
435
Parliamentary Standards Act 2009 c.13 Sch. 1 s9(1) Back
436
Parliamentary Standards Act 2009 c.13 Sch. 1 s9(2) Back
437
Parliamentary Standards Act 2009 c.13 Sch. 1 s11 Back
438
Parliamentary Standards Act 2009 c.13 s4(4), ss4-7 Back
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