CHAPTER 1 THE HOUSE AND ITS MEMBERSHIP
ABBREVIATIONS
Erskine May Erskine May's Treatise on The
Law, Privileges and Usage of Parliament,
24th edition, 2011
GO General Order (see paragraph 9.94)
HL Deb. House of Lords Official Report (Hansard)
LJ House of Lords Journals
PBSO Private Business Standing Order
SO Public Business Standing Order
REFERENCES TO HOUSE OF
LORDS COMMITTEE REPORTS
Leave of Absence House of Lords (Leave of Absence)
Select Committee
Offices Select Committee on the House of Lords'
Offices
Procedure Select Committee on Procedure of the
House
COMPOSITION
OF THE
HOUSE
1.01 The following are members of the House of
Lords:
- the Archbishops of Canterbury and York;
- the Bishops of London, Durham and Winchester;
- twenty-one other diocesan bishops of the Church
of England according to seniority of appointment to diocesan sees;
- Lords created for life under the Appellate
Jurisdiction Act 1876 (as amended) to serve as Lords of Appeal
in Ordinary;[1]
- Life Peers created under the Life Peerages
Act 1958;
- 90 Hereditary Peers elected under SO 9[2]
or 10 pursuant to the House of Lords Act 1999;
- The Earl Marshal;[3]
- The Lord Great Chamberlain.[4]
DISQUALIFICATION
FOR MEMBERSHIP
1.02 The following are disqualified for membership
of the House of Lords:
- those under the age
of twenty-one;[5]
By the Act of Settlement 1701[6]
"no person born out of the Kingdoms of England, Scotland
or Ireland, or the Dominions thereunto belonging
(except
such as are born of English parents)" may be a member of
the House of Lords. By virtue of a modification contained in the
British Nationality Act 1981,[7]
this provision does not apply to Commonwealth citizens or citizens
of the Republic of Ireland. Under the 1981 Act,[8]
"Commonwealth citizen" means a British citizen, a British
Overseas Territories citizen, a British subject under that Act,
or a citizen of an independent Commonwealth country;
- those convicted of
treason
The Forfeiture Act 1870 provides that anyone convicted
of treason shall be disqualified for sitting or voting as a member
of the House of Lords until he has either suffered his term of
imprisonment or received a pardon;
Under the Insolvency Act 1986,[9]
a member of the House (a) who, in England and Wales or Northern
Ireland, is subject to a bankruptcy restrictions order (including
an interim order) or a bankruptcy restrictions undertaking; (b)
who, in England and Wales, is subject to a debt relief restrictions
order (including an interim order) or a debt relief restrictions
undertaking; or (c) in Scotland, whose estate is sequestered,
is disqualified for sitting and voting in the House of Lords or
in any committee of the House. A writ is not issued to any
person who would otherwise be entitled to one while he is so disqualified.
The court or, in the case of a bankruptcy restrictions undertaking
or debt relief restrictions undertaking, the government, notifies
the restriction or sequestration to the Lord Speaker and it is
recorded in the Journals;
- Members of the European
Parliament (MEPs)
The European Parliament (House of Lords Disqualification)
Regulations 2008 provide that any Life Peer who is elected to
the European Parliament is disqualified for sitting and voting
in the House of Lords or in any committee of the House or joint
committee. A writ is not issued to a Life Peer who is disqualified
under this regulation;
- Holders of disqualifying
judicial office
Under the Constitutional Reform Act 2005,[10]
a member of the House who holds a disqualifying judicial office[11]
is disqualified for sitting and voting in the House of Lords or
in any committee of the House or joint committee. Such members
are not however disqualified for receiving a writ of summons.
MEMBERSHIP
OF THE
HOUSE UNDER
SOS 9 AND
10
1.03 Section 1 of the House of Lords Act 1999
provides that "No-one shall be a member of the House of Lords
by virtue of a hereditary peerage".[12]
However, section 2 of the Act provides that 90 hereditary peers,
and also the holders of the offices of Earl Marshal and Lord Great
Chamberlain, shall be excepted from this general exclusion and
shall remain as members for their lifetime or until a subsequent
Act otherwise provides.
1.04 In accordance with SO 9, 75 of the 90 excepted
hereditary peers were elected by the hereditary peers in their
political party or Crossbench grouping.[13]
The remaining 15 were elected by the whole House to act as Deputy
Chairmen and other office-holders.[14]
1.05 Under SO 10, any vacancy due to the death
of one of the 90 is filled by holding a by-election. By-elections
are conducted in accordance with arrangements made by the Clerk
of the Parliaments and take place within three months of a vacancy
occurring. If the vacancy is among the 75, only the excepted hereditary
peers (including those elected among the 15) in the relevant party
or Crossbench grouping are entitled to vote. If the vacancy is
among the 15, the whole House is entitled to vote.
1.06 The Clerk of the Parliaments maintains a
register of hereditary peers who wish to stand in any by-election
under SO 10. Any hereditary peer other than a peer of Ireland
is entitled to be included in the register. Under SO 11,
any hereditary peer not previously in receipt of a writ of summons
who wishes to be included in the register petitions the House
and any such petition is referred to the Lord Chancellor to consider
and report upon whether such peer has established the right to
be included in the register.
RETIREMENT
1.07 There is no retirement age for members of
the House of Lords, except that bishops retire from their sees
on reaching the age of seventy, and cease to be members of the
House.[15]
WRIT
OF SUMMONS
1.08 Members of the House may not take their
seat until they have obtained a writ of summons. Writs of summons
are issued by direction of the Lord Chancellor from the office
of the Clerk of the Crown in Chancery.
1.09 New writs are issued before the meeting
of each Parliament to all Lords Spiritual and Temporal who have
established their right to them and who are not statutorily disqualified
from receiving them.
1.10 An archbishop, on appointment or translation
to another see, and a bishop who has become entitled to sit or
who already has a seat and is translated to another see, applies
for a writ to the Lord Chancellor with evidence to support his
claim.
1.11 Writs, called writs of assistance or writs
of attendance, are also sent to the following, unless they are
members of the House: the Attorney General, the Solicitor General,
the Lord Chief Justice, the Master of the Rolls, the President
of the Family Division, the Vice-Chancellor, Justices of the Supreme
Court, the Lords Justices of Appeal and the Justices of the High
Court.[16]
The attendance of such judges is normally now confined to the
State Opening of Parliament.
INTRODUCTION
AND SITTING
FIRST IN
PARLIAMENT
1.12 The following are ceremonially introduced
before taking their seats in the House:
- newly created Life
Peers;
- archbishops, on appointment or on translation;
- bishops, on first receiving a writ of summons
or, if already a member of the House, on translation to another
see.
1.13 When a writ has been issued to any such
person, the Lord Speaker fixes a day for the introduction. The
following rules apply:
- introductions may
not take place on the first day of a new Parliament;[17]
- the House has agreed
that, save in exceptional circumstances, no more than two new
members should be introduced on any one day.[18]
This rule does not apply to introductions on swearing-in days
at the beginning of a new Parliament;
- introductions normally
take place on Mondays, Tuesdays and Thursdays[19];
- new Lords are normally
supported on introduction by two others of the same degree in
the House. However, archbishops may act as supporters at the introductions
of bishops, and bishops may so act at the introductions of archbishops;[20]
- no member of the House may act as supporter without
having first taken the oath.
1.14 Appendix K (page 276) describes the ceremony
of introduction.
1.15 Hereditary peers elected under SO 10 require
no introduction and, on receiving a writ, can take their seat
and the oath of allegiance without any ceremony.
1.16 New members of the House may not use the
facilities of the House, other than the right to sit on the steps
of the Throne, before taking their seat for the first time.[21]
However, they may use the dining facilities on the day of introduction.
OATH
OF ALLEGIANCE
AND AFFIRMATION
1.17 The oath of allegiance must be taken or
solemn affirmation made by all members before they can sit and
vote in the House:
- on introduction;
- in every new Parliament;[22]
- after a demise of the Crown
1.18 The oath is usually taken after prayers,
but may be taken at the end of business before the adjournment.[23]
1.19 The form of the oath, prescribed by s. 2
of the Promissory Oaths Act 1868 and s. 1 of the Oaths Act 1978,
is:
"I (giving name and title) do swear by Almighty
God that I will be faithful and bear true allegiance to Her Majesty
Queen Elizabeth, Her heirs and successors, according to law. So
help me God."
1.20 Under the Oaths Act 1978, members of the
House who object to being sworn may affirm:
"I (giving name and title) do solemnly, sincerely,
and truly declare and affirm that I will be faithful and bear
true allegiance to Her Majesty Queen Elizabeth, Her heirs and
successors, according to law."
1.21 The oath or affirmation must be taken in
English but may be repeated in Welsh[24]
or in Gaelic.[25]
1.22 Before taking the oath members go to the
Table, bringing their writ of summons (except on a demise of the
Crown, when new writs are not issued). They then recite aloud
the words of the oath, reading them from a card kept at the Table,
and holding a New Testament in the right hand. The oath may also
be taken in the Scottish form with uplifted hand. In the case
of members of the House who are of the Jewish faith, the Old Testament
is used; in the case of other faiths, the appropriate sacred text
is used.
1.23 In cases of disability or infirmity the
oath may be taken seated.
1.24 After taking the oath, members must sign
the Test Roll at the head of which the oath and affirmation are
written. They then sign an undertaking to abide by the House of
Lords Code of Conduct. Finally they go to the Woolsack, shake
hands with the Lord Speaker and leave the Chamber.
1.25 Members who sit by virtue of one peerage
but are known by another title take the oath and sign the Roll
using the title by virtue of which they sit.
1.26 Any member of the House who sits or votes
without having taken the oath is subject to a penalty of £500.[26]
However, a member may attend prayers or an introduction before
taking the oath. On a swearing-in day (see paragraph 2.01) it
is convenient for members to occupy their seats while they are
waiting to take the oath. Members who attend the House without
taking the oath are not recorded in the attendance lists in the
Journals, and votes cast by such members in divisions are invalid.[27]
A member of the House may not attend the State Opening of Parliament
without having taken the oath.[28]
LEAVE
OF ABSENCE
1.27 Members of the House are to attend the sittings
of the House. If they cannot attend, they should obtain leave
of absence.[29]
At any time during a Parliament, a member of the House may obtain
leave of absence for the rest of the Parliament by applying in
writing to the Clerk of the Parliaments.
1.28 Before the beginning of every Parliament
the Clerk of the Parliaments writes to those members who were
on leave of absence at the end of the preceding Parliament to
ask whether they wish to renew that leave of absence for the new
Parliament. In addition, at the start of each session of Parliament
the Clerk of the Parliaments writes to those members (other than
bishops) who attended very infrequently in the previous session,
inviting them to apply for Leave of Absence.
1.29 The House grants leave of absence to those
who apply. The House also grants leave to all members to whom
the Clerk of the Parliaments has written as described in the preceding
paragraph who fail to reply within three months of the Clerk of
the Parliaments' letter being sent.
1.30 Directions relating to those on leave of
absence are as follows:
(a) members of the House who have been granted
leave of absence should not attend sittings of the House or of
any committee of the House until their leave has expired or been
terminated, except to take the oath of allegiance;
(b) members of the House on leave of absence
who wish to attend during the period for which leave was granted
should give notice in writing to the Clerk of the Parliaments
at least three months before the day on which they wish to attend;
and their leave is terminated three months from the date of this
notice, or sooner if the House so directs;
(c) a member of the House on leave of absence
may not act as a supporter in the ceremony of introduction;[30]
(d) a member of the House on leave of absence
may not vote in the election of the Lord Speaker or in by-elections
for hereditary peers.
1.31 In applying the provisions on leave of absence
the Clerk of the Parliaments may seek the advice of the Leave
of Absence Sub-Committee of the Procedure Committee (see paragraph
11.73).
THE
VOLUNTARY RETIREMENT
SCHEME
1.32 Any member of the House of Lords may, at
any time, write to the Clerk of the Parliaments indicating his
or her wish permanently to retire from the service of the House.[31]
1.33 By retiring from the service of the House
a member indicates his or her wish permanently to cease taking
any part in the work of the House; and the House, in return, recognises
the member's completed service to the House.
1.34 Having received an application to retire,
the Clerk of the Parliaments consults the Lord Speaker and the
member's party or group, who in turn consult the member and seek
confirmation that it is his or her intention to retire permanently
from the service of the House. Not less than two weeks is allowed
for this informal consultation to be completed.
1.35 The Lord Speaker notifies the House on the
day the retirement takes effect.
1.36 Members who have retired from the service
of the House should not attend sittings of the House or of any
committee of the House. They may not vote in any election of the
Lord Speaker or by-elections for hereditary peers. Retired members
may sit on the steps of the Throne, and are afforded the same
access to other facilities as members on Leave of Absence, with
the exception that they are not entitled to receive parliamentary
papers. Retired members are not subject to the Code of Conduct.
1.37 Retired members remain peers, and retirement
does not affect the use of their title. Retired members also continue
to be treated for the purposes of general law as members of the
House.
ACCESS
TO THE
FACILITIES OF
THE HOUSE
1.38 Members of the House who are on leave of
absence, or who are disqualified from participation in the proceedings
of the House as Members of the European Parliament or as judges,[32]
enjoy access to the following facilities:
(a) they may apply for places for their spouses
at the State Opening of Parliament, and the usual number of places
at such functions as The Queen's Birthday Parade (Trooping the
Colour);
(b) they may use the Library, the Dining Room,
and other facilities of the House outside the Chamber, and may
obtain tickets for the Public Gallery. Their spouses enjoy the
same facilities as the spouses of other members of the House;
(c) they may sit on the steps of the Throne during
a sitting of the House;
(d) they may receive parliamentary papers
1.39 Retired bishops who have sat in the House
are entitled to sit on the steps of the Throne and use the facilities
of the House outside the Chamber.[33]
1.40 Rights of access enjoyed by members who
are suspended from the service of the House are cancelled for
the duration of the suspension. Members who are suspended may
not enter the parliamentary estate, including as guests of other
members.[34]
TAX
STATUS
1.41 All members of the House who are entitled
to receive writs of summons to attend the House are treated as
resident, ordinarily resident and domiciled in the United Kingdom
for the purposes of certain taxes.[35]
NOTIFICATION
OF DEATH
OF MEMBER
1.42 The Lord Speaker informs the House of the
death of a member of the House, before the first oral question
or, on a Friday, at the start of the sitting.[36]
The Lord Speaker's announcement takes a standard form and is distinct
from tributes, which are a matter for the Leader of the House
and the usual channels. It is not debatable.
THE
LORD SPEAKER[37]
ELECTION OF THE LORD SPEAKER
1.43 The House resolved on 12 July 2005 to "elect
its own presiding officer".[38]
The first election was held on 28 June 2006, and a further election
on 13 July 2011.
1.44 The process of election is governed by
Standing Order 19. A new election is to be held in the fifth calendar
year after the previous election, on a day no later than 15 July
in that year, or within three months of the Lord Speaker dying,
giving written notice of her resignation to the Leader of the
House, or being deemed to have resigned (see below), if sooner.[39]
1.45 The result of the election is subject to
the approval of the Queen. 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 is passed.
1.46 All members of the House who have taken
the oath and are not disqualified, suspended, retired, or on Leave
of Absence are entitled to stand and vote.[40]
However, a member who has been successful in two previous elections
is not entitled to stand.
1.47 The election itself is conducted in accordance
with arrangements made by the Clerk of the Parliaments. The Alternative
Vote system is used,[41]
according to which candidates are numbered in order of preference,
and the first-preference votes for the least successful candidates
are successively reallocated until one candidate has at least
half the total number of valid votes.
ROLE OF THE LORD SPEAKER
1.48 The primary role of the Lord Speaker is
to preside over proceedings in the Chamber, including Committees
of the whole House.[42]
She takes the oath first at the opening of a new Parliament; her
role in the ceremonies accompanying oath-taking, the State Opening
of Parliament, and royal commissions, are described in the appendices.[43]
The Lord Speaker seeks the leave of the House for any necessary
absence of a full sitting day or more.
1.49 The Lord Speaker has no power to act in
the House without the consent of the House. She observes the same
formalities as any other member of the House, addressing the House
as a whole, and not an individual member, and not intervening
when a member is on his feet. The Speaker's function is to assist,
and not to rule. The House does not recognise points of order.
1.50 Any advice or assistance given by the Lord
Speaker is subject to the view of the House as a whole.[44]
The Lord Speaker has specific responsibilities with regard to
Private Notice Questions and the application of the sub judice
rule; these are described below (paragraphs 6.36 and 4.63).
1.51 Outside the Chamber, the Lord Speaker chairs
the House Committee, which oversees the administration of the
House (see paragraph 11.65). She is a member of the Procedure
Committee; has formal responsibility for the security of the Lords
part of the parliamentary estate; is one of the three "keyholders"
of Westminster Hall; and has a wide role representing the House
at home and overseas.[45]
1.52 The Lord Speaker may, after consultation
with the government, recall the House whenever it stands adjourned.[46]
1.53 The Lord Speaker is a salaried office-holder,
and is required to lay aside outside financial interests falling
into specific categories, including remunerated directorships
and other employment.[47]
The Lord Speaker is also expected to lay aside any party or group
affiliation on appointment, and to refrain from political activity,
including voting in the House.[48]
CHAIRMAN
OF COMMITTEES
1.54 At the beginning of every session, and whenever
a vacancy occurs, a member is appointed by the House to fill the
salaried office of Chairman of Committees.[49]
As a salaried office-holder, he is required to lay aside outside
financial interests falling into specific categories, including
remunerated directorships and other employment.[50]
He is also expected to lay aside any party or group affiliation
on appointment and for the duration of his time in office.
1.55 He is chairman ex officio of all
committees unless the House otherwise directs. In practice this
means that he chairs the following "domestic" committees:
(a) Administration and Works Committee
(b) Liaison Committee
(c) Committee for Privileges and Conduct
(d) Procedure Committee
(e) Refreshment Committee
(f) Committee of Selection.
1.56 The Chairman speaks and answers questions
in the House on matters relating to the internal administration
of the House, to the work of the House Committee (of which he
is a member), or to the work of any of the committees chaired
by him.
1.57 The Chairman also exercises general supervision
and control over private bills and hybrid instruments. His duties
in this respect are described in more detail in chapter 9.
1.58 The Chairman is ex officio the first
of the Deputy Speakers appointed by Commission (see paragraph
1.60 below). He is empowered, in the absence of the Lord Speaker,
to recall the House during a period of adjournment.[51]
PRINCIPAL
DEPUTY CHAIRMAN
OF COMMITTEES
1.59 The Principal Deputy Chairman of Committees
is a salaried office-holder appointed in the same manner as the
Chairman of Committees. As a salaried office-holder, he is required
to lay aside outside financial interests falling into specific
categories, including remunerated directorships and other employment.[52]
He is also expected to lay aside any party or group affiliation
on appointment and for the duration of his time in office. In
addition to assisting the Chairman in his duties, he is appointed
to act as chairman of the European Union Committee.[53]
DEPUTY
SPEAKERS AND
DEPUTY CHAIRMEN
1.60 Certain members of the House are appointed
by the Crown by Commission under the Great Seal to act as Deputy
Speakers of the House of Lords in the absence of the Lord Speaker.[54]
In addition, at the beginning of every session the House on motion
appoints a number of members, proposed by the Committee of Selection,
to serve as Deputy Chairmen of Committees for the remainder of
that session.[55]
Deputy Chairmen exercise all the functions of Deputy Speakers,
and it is the practice that they are appointed Deputy Speakers
at a convenient opportunity after their appointment as Deputy
Chairmen.
1.61 In practice the duties of Deputy Chairmen
and Deputy Speakers are indistinguishable. In the absence of the
Lord Speaker or Chairman of Committees, one of the panel of Deputy
Chairmen officiates in their place. If no Deputy Chairman is present,
the House appoints some other member, on motion, to perform his
duties on that occasion.
1.62 Deputy Chairmen or Deputy Speakers may not
recall the House under SO 17 in an emergency.
SEATING
IN THE
CHAMBER
1.63 The side of the House on the Sovereign's
right hand when she is seated on the Throne is called the spiritual
side, and that on the left the temporal side.
1.64 By convention the government and their supporters
occupy the benches on the spiritual side, with the exception of
the first two benches nearest to the Throne, which are taken by
the bishops. Lords Spiritual must speak from the bishops' benches.
Only the two Archbishops and the Bishops of London, Durham and
Winchester may speak from the front one of these benches, and
they also have priority in relation to seating on this bench.
Lords Temporal may sit on the bishops' benches, when space allows,
but may not speak from them.
1.65 The benches on the temporal side are, by
convention, occupied by the opposition party or parties. The diagram
at the end of chapter 1 shows the usual seating arrangements.
1.66 The Cross Benches are for those who are
not members of any of the main political parties in the House[56].
Crossbench members also sit on the benches nearest the Bar on
the temporal side.
1.67 On both sides of the Chamber the front benches
closest to the Bar are customarily occupied by Privy Counsellors.
STEPS
OF THE
THRONE
1.68 The following may sit on the steps of the
Throne:
- members of the House
of Lords in receipt of a writ of summons, including those who
have not taken their seat or the oath and those who have leave
of absence or who have taken voluntary retirement;
- members of the House
of Lords who are disqualified from sitting or voting in the House
as Members of the European Parliament or as holders of disqualifying
judicial office;[57]
- hereditary peers who
were formerly members of the House and who were excluded from
the House by the House of Lords Act 1999;[58]
- the eldest child (which
includes an adopted child)[59]
of a member of the House (or the eldest son where the right was
exercised before 27 March 2000);[60]
- peers of Ireland;
- diocesan bishops of the Church of England who
do not yet have seats in the House of Lords;
- retired bishops who have had seats in the House
of Lords;
- Privy Counsellors;
- Clerk of the Crown in Chancery;
- Black Rod and his Deputy;
- the Dean of Westminster.
1. Throne
2. Cloth of Estate
3. Chairs of State
4. Steps of the Throne
5. Clerks' box
6. Officials' box
7. Woolsack
8. Judges' Woolsacks
9. Upper end of Earls' Bench
10. Spiritual side of the House
11. Temporal side of the House
12. Lower end of Barons' bench
13. Bishops' benches
14. Table of the House
15. Clerks at the Table
16. Chairman of Committees' Chair at the
Table
17. Wheelchairs
18. Cross benches
19. Government front bench
20. Opposition front bench
21. Bar of the House
22. Black Rod's box
23. Seats for members' spouses
24. Hansard reporters
25. Brass Gates

1 The Appellate Jurisdiction Act 1876 was repealed
by Schedule 7 of the Constitutional Reform Act 2005, but Lords
previously created under the Act remain members of the House. Back
2
SO followed by a number refers to the standing orders relating
to public business. PBSO followed by a number refers to the standing
orders governing private business. Back
3
House of Lords Act 1999, s. 2(2). Back
4
House of Lords Act 1999, s. 2(2). Back
5
SO 2. Back
6
s. 3. Back
7
Schedule 7. See also s. 47 of the Constitutional Reform and Governance
Act 2010. Back
8
s. 37. Back
9
s. 426A and s. 427 as amended by the Enterprise Act 2002, the
Tribunals, Courts and Enforcement Act 2008 and the Insolvency
Act 1986 (Disqualification from Parliament) Order 2012. Back
10
s. 137. Back
11
Defined in the House of Commons Disqualification Act 1975, as
amended, and the Northern Ireland Assembly Disqualification Act
1975, as amended. Back
12
Certain members of the House who sat formerly by virtue of a
hereditary peerage now sit by virtue of a life peerage. Under
SO 7 they use their higher title. Back
13
Under SO 9(2)(i), 2 peers were elected by the Labour hereditary
peers, 42 by the Conservative hereditary peers, 3 by the Liberal
Democrat hereditary peers, and 28 by the Crossbench hereditary
peers. Back
14
The elections were held on 27-28 October 1999 and 3-4 November
1999. SO 9(2)(ii). Back
15
Ecclesiastical Offices (Age Limit) Measure 1975. Back
16
Holders of disqualifying judicial office who are members of the
House receive a writ of summons at the start of each Parliament,
notwithstanding their disqualification from taking part in proceedings
of the House. Back
17
Procedure 1st Rpt 1970-71. Back
18
LJ (1997-98) 775. In the 2010-12 session the House twice agreed,
exceptionally and temporarily, to allow three introductions on
Mondays, Tuesdays and Thursdays (Procedure 1st and 3rd Rpts 2010-12). Back
19
Procedure 3rd Rpt 2005-06. Back
20
Members of the House holding offices which give them special precedence
under the House of Lords Precedence Act 1539, such as the Lord
Chancellor, the Lord President and the Lord Privy Seal, may act
as supporters for new Lords of the same degree; their precedence
as office holders determines their seniority as supporters: Procedure
2nd Rpt 1992-93. Back
21
Offices 2nd Rpt 1975-76. The issue of Letters Patent entitles
a newly created Lord to use his title and sit on the steps of
the Throne. Back
22
SO 75(1). Back
23
SO 41(5). Back
24
Procedure 1st Rpt 1982-83. Back
25
Procedure 1st Rpt 2001-02. Back
26
Parliamentary Oaths Act 1866, s. 5. Back
27
Procedure 2nd Rpt 1993-94. Back
28
Procedure 1st Rpt 1970-71. This restriction does not apply to
those members who, while in receipt of a writ of summons, are
disqualified from attending under s. 137 of the Constitutional
Reform Act 2005. See above, paragraph 1.02. Back
29
SO 22. Back
30
Leave of Absence 1st Rpt 1957-58. Back
31
Procedure 5th Rpt 2010-12. Back
32
House Committee 2nd Rpt 2008-09. Back
33
Offices 4th Rpt 1970-71. Back
34
House Committee minutes, 19 May 2009. Back
35
s. 41 of the Constitutional Reform and Governance Act 2010. Back
36
Procedure 1st Rpt 2006-07. Back
37
The decisions of the House with regard to the office of Lord Speaker
are found in various sources, including Standing Orders; Report
of the Select Committee on the Speakership of the House of Lords,
HL Paper 92, 2005-06; resolutions of the House on 12 July 2005
and 31 January 2006; Procedure 3rd and 4th Rpts 2005-06 and 4th
Rpt 2010-12; and House Committee 1st Rpt 2005-06. Back
38
LJ (2005-06) 152. Back
39
An election held in such circumstances would then be treated
as the "previous election" for the purpose of calculating
the date of the next election. Back
40
Procedure Committee 2nd Rpt 2009-10. Back
41
Report of the Select Committee on the Speakership of the House
of Lords, HL Paper 92, 2005-06. Back
42
SO 62. Back
43
Appendices C-G. Back
44
Procedure 3rd Rpt 2005-06. Back
45
Report of the Select Committee on the Speakership of the House
of Lords, HL Paper 92, 2005-06. Back
46
SO 17(1). See also paragraph 2.21. Back
47
Privileges 2nd Rpt 2009-10. Back
48
Procedure 4th Rpt 2005-06. Back
49
SO 61. Back
50
Privileges 2nd Rpt 2009-10. Back
51
SO 17(2). Back
52
Privileges 2nd Rpt 2009-10. Back
53
Procedure 1st Rpt 1973-74, 3rd Rpt 1974-75. Back
54
SO 18. Back
55
SO 63(5). Back
56
The Crossbench Group is made up of members who are not affiliated
to any political party. Members who belong to smaller parties
may also sit on the Cross Benches. Back
57
House Committee 2nd Rpt 2008-09. Back
58
Offices 1st Rpt 1999-2000. Back
59
House Committee, decision by correspondence, November 2004. Back
60
Offices 4th Rpt 1999-2000. Back
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