Appendix : Consequential changes to the House’s Standing Orders
[new words in bold, deleted words struck through]
9 Hereditary peers [26 July 1999]
(1)In implementation of section 2 of the House of Lords Act 1999, this Standing Order makes provision for hereditary peers who are excepted from section 1.
(2)The excepted hereditary peers shall consist of the following categories:
(i)(a) 2 peers elected by the Labour hereditary peers;
(b)42 peers elected by the Conservative hereditary peers;
(c)3 peers elected by the Liberal Democrat hereditary peers;
(d)28 peers elected by the Cross-bench hereditary peers;
(ii)15 peers, elected by the whole House, from among those ready to serve as Deputy Speakers or in any other office as the House may require; and
(iii)any peer holding the office of Earl Marshal or performing the office of Lord Great Chamberlain.
(3)Elections shall be conducted in accordance with arrangements made by the Clerk of the Parliaments.
(4)In order to stand for election or qualify as an elector under paragraph (2)(i), a peer must register with the Clerk of the Parliaments, identifying the party or Cross-bench group to which he belongs. In order to stand for election under paragraph (2)(ii), a peer must register separately with the Clerk of the Parliaments. A peer may not stand for election nor vote if he has not taken the Oath or is on Leave of Absence.
(5)In the event of a tie between two or more candidates standing in any of the elections held in accordance with paragraph (2), the matter (if not resolved by the electoral arrangements adopted by the House) shall be decided by the drawing of lots.
(6)The Clerk of the Parliaments may refer any question concerning the propriety of the electoral process to the Committee for Procedure and Privileges.
(7)In the event of a vacancy occurring at any time up to the end of the initial period through death among the peers elected in category (2)(i) or (2)(ii), the vacancy shall be filled by the nearest runner-up in the relevant election under paragraph (2) who both wishes to fill the vacancy and is otherwise available. The provisions of paragraph (5) are applicable for this purpose. If no such runner-up is available, the House shall decide how the vacancy shall be filled.
(8)In this Standing Order and in Standing Order 10 the end of the “initial period” is the end of the first session of the next Parliament after that in which the House of Lords Act 1999 is passed.
12 Expulsion or suspension of a member [16 July 2015]
(1) In implementation of section 1 of the House of Lords (Expulsion and Suspension) Act 2015, this Standing Order makes provision for expelling or suspending a member under that Act.
(2) A motion to expel or suspend a member must follow a recommendation from the Conduct Committee for Privileges and Conduct that the member be expelled or suspended (as the case may be) because the member has breached the Code of Conduct.
(3)Such a recommendation may be made by the Conduct Committee for Privileges and Conduct only if the Commissioner for Standards has found the member in breach of the Code of Conduct or the member is in breach of the Code in accordance with paragraph 18 or 19 of the Code.
(4)A motion to expel or suspend a member must state that, in the opinion of the House, the conduct giving rise to the motion occurred:
(a)on or after 26 June 2015, or
(b)before 26 June 2015 but was not public knowledge before 26 June 2015.
(5)A motion to suspend a member must specify the period for which the suspension is to last (which may be until the occurrence of a specified event).
(6)Notice must be given of a motion to expel or suspend a member.
(7)Expulsion or suspension takes effect as soon as the House has agreed the motion.
(8)This Standing Order does not affect the House’s inherent power to suspend a member for a period no longer than the remainder of the Parliament then in existence in respect of conduct occurring before 26 June 2015 which was public knowledge before 26 June 2015.
19 Election of Lord Speaker [3 May 2006]
(1)An election of a Lord Speaker shall be held on 13th July 2011. Subsequently, elections shall, subject to paragraphs (2) and (3), 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 (7), a Lord Speaker elected under this paragraph shall take office on 1st September in the year of election.
(2)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 (10), an election of a Lord Speaker shall, subject to paragraph (3), be held within three months of the death, the giving notice of resignation or the deemed resignation. For the purposes of paragraph (1), this election is then “the previous election”.
(3)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.
(4)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.
(5)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 Procedure and Privileges Committee for Privileges and Conduct.
(6)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.
(7)The result of the election shall be subject to the approval of Her Majesty The Queen.
(8)The Chairman of Committees may act during any vacancy in the office of Speaker.
(9)The Lord Speaker may resign at any time by giving written notice to the Leader of the House.
(10)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.
64 Sessional Committees [10 November 1975]
The orders of appointment of the following Committees and any of their Sub-Committees shall remain in force and effect, notwithstanding the prorogation of Parliament, until such time as the House or Committee makes further orders of appointment in the next succeeding session:
Administration and Works Committee
Communications Committee
Conduct Committee
Consolidation Bills Committee
Constitution Committee
Delegated Powers and Regulatory Reform Committee
Economic Affairs Committee
European Union Committee
House Committee
Human Rights Committee
Hybrid Instruments Committee
Information Committee
National Security Strategy Committee
Committee for Privileges and Conduct
Procedure and Privileges Committee
Refreshment Committee
Science and Technology Committee
Secondary Legislation Scrutiny Committee
Standing Orders (Private Bills) Committee
Statutory Instruments Committee
Works of Art Committee.
78 Claims of Peerage [24 March 1767]
In claims of Peerage the following directions shall apply in regard to claims by Petition which have been referred to a committee to hear the claim the Committee for Privileges and Conduct:
(1)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.
(2)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.
(3)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.
(4)The fees to be charged shall be such as shall be authorised from time to time by the House.
80 Claims of Irish Peerages in abeyance [2 April 1802]
(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 a committee for peerage claims 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.
81 Report if improper arrangement entered into between co-heirs [1 June 1954]
If in regard to a claim for the determination of an abeyance existing in a Peerage a committee for the claim the Committee for Privileges and Conduct is satisfied that any arrangement entered into between the Petitioner and any co-heir is tainted with any impropriety, the committee shall make no report to the House except that such arrangement is not shown to have been a proper one.