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House of Lords Act 1999

1999 c. 34 · Enacted 11 November 1999 · Extends to United Kingdom

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An Act to restrict membership of the House of Lords by virtue of a hereditary peerage; to make related provision about disqualifications for voting at elections to, and for membership of, the House of Commons; and for connected purposes.

[11th November 1999]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. 1Exclusion of hereditary peers.
  2. 2Exception from section 1. Repealed
  3. 3Removal of disqualifications in relation to the House of Commons.
  4. 4Amendments and repeals.
  5. 5Commencement and transitional provision.
  6. 6Interpretation and short title.
  7. Schedule 1: Amendments
  8. Peerage Act 1963 (c.48)
  9. 1Paragraph 1 Repealed
  10. Recess Elections Act 1975 (c.66)
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. Schedule 2Repeals

1Exclusion of hereditary peers.

No-one shall be a member of the House of Lords by virtue of a hereditary peerage.

2Exception from section 1.F1

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

3Removal of disqualifications in relation to the House of Commons.C1

(1)

The holder of a hereditary peerage shall not be disqualified by virtue of that peerage for—

(a)

voting at elections to the House of Commons, or

C2(b)

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

F1(2)

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

4Amendments and repeals.

(1)

The enactments mentioned in Schedule 1 are amended as specified there.

(2)

The enactments mentioned in Schedule 2 are repealed to the extent specified there.

5Commencement and transitional provision.

(1)

Sections 1 to 4 (including Schedules 1 and 2) shall come into force at the end of the Session of Parliament in which this Act is passed.

(2)

Accordingly, any writ of summons issued for the present Parliament in right of a hereditary peerage shall not have effect after that Session unless it has been issued to a person who, at the end of the Session, is excepted from section 1 by virtue of section 2.

(3)

The Secretary of State may by order make such transitional provision about the entitlement of holders of hereditary peerages to vote at elections to the House of Commons or the European Parliament as he considers appropriate.

(4)

An order under this section—

(a)

may modify the effect of any enactment or any provision made under an enactment, and

(b)

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6Interpretation and short title.

(1)

In this Act “hereditary peerage” includes the principality of Wales and the earldom of Chester.

(2)

This Act may be cited as the House of Lords Act 1999.

1F1

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

2

In section 1 of the Recess Elections Act 1975 (issue of warrants for making out writs to replace members of the House of Commons whose seats have become vacant), in—

(a)

subsection (1)(a), and

(b)

paragraph (a) of the definition of “certificate of vacancy” in subsection (2),

for the words “become a peer” there shall be substituted the words “ become disqualified as a peer for membership of the House of Commons ”.

3

In Schedule 1 to that Act (certificate of vacancy), for the words “has become a peer of Parliament” there shall be substituted the words “ has become disqualified as a peer for membership of the House of Commons ”.

Schedule 2Repeals

ChapterShort titleExtent of repeal
1963 c. 48.The Peerage Act 1963.In section 1(3), paragraph (b) and the word “and” immediately preceding it.
Section 2.
In section 3, in subsection (1)(b), the words from “(including” to “that House)” and, in subsection (2), the words from “and” to the end of the subsection.
Section 5.