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Section 42 Tax status of members of the House of Lords: transitional provision

(1)

This section applies if, before the end of the period of 3 months beginning with the day on which this section comes into force, a member of the House of Lords (“M”) gives written notice to the Clerk of the Parliaments that M does not want section 41 to apply to M.

(2)

M shall not be a member of the House of Lords at any time after the notice is given and accordingly—

(a)

M shall not be entitled to receive writs of summons to attend the House, and

(b)

any writ of summons previously issued to M has no further effect.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

F3... M ceases to be disqualified by virtue of M's peerage (or dignity) for—

(a)

voting at elections to the House of Commons, or

(b)

being, or being elected as, a member of that House.

(6)

But subsection (5)(b) does not apply before the end of the period of three years beginning with the date on which the notice is given.

F4(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

If, after the notice is given, a peerage is conferred on M F5..., subsection (2) above does not stop M being entitled to receive writs of summons to attend the House of Lords by virtue of that peerage. F6....

F7(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

A person to whom regulation 4 of the European Parliament (House of Lords Disqualification) Regulations 2008 (S.I. 2008/1647) applies is to be treated as a member of the House of Lords for the purposes of this section.

Annotations

Textual amendments

F1

S. 42(3) omitted (29.4.2026) by virtue of House of Lords (Hereditary Peers) Act 2026 (c. 12), ss. 4(3)(a), 5(4)

F2

S. 42(4) omitted (29.4.2026) by virtue of House of Lords (Hereditary Peers) Act 2026 (c. 12), ss. 4(3)(a), 5(4)

F3

Words in s. 42(5) omitted (29.4.2026) by virtue of House of Lords (Hereditary Peers) Act 2026 (c. 12), ss. 4(3)(b), 5(4)

F4

S. 42(7) omitted (16.1.2024) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 7 para. 8 (with Sch. 7 para. 13); S.I. 2023/1405, reg. 2

F5

Words in s. 42(8) omitted (29.4.2026) by virtue of House of Lords (Hereditary Peers) Act 2026 (c. 12), ss. 4(3)(c)(i), 5(4)

F6

Words in s. 42(8) omitted (29.4.2026) by virtue of House of Lords (Hereditary Peers) Act 2026 (c. 12), ss. 4(3)(c)(ii), 5(4)

F7

S. 42(9) omitted (29.4.2026) by virtue of House of Lords (Hereditary Peers) Act 2026 (c. 12), ss. 4(3)(d), 5(4)