House of Lords Reform Act 2014

Resignation

1

• (1) A member of the House of Lords who is a peer may retire or otherwise resign as a member of the House of Lords by giving notice in writing to the Clerk of the Parliaments.

• (2) The notice must—

• (a) specify a date from which the resignation is to take effect, and

• (b) be signed by the peer and by a witness.

• (3) At the beginning of that date the peer ceases to be a member of the House of Lords.

• (4) Resignation may not be rescinded.

Non-attendance

2

• (1) A member of the House of Lords who is a peer and does not attend the House of Lords during a Session ceases to be a member of the House at the beginning of the following Session.

• (2) A peer “does not attend the House of Lords during a Session” if, and only if, the Lord Speaker certifies that the peer—

• (a) at no time during the Session attended the House, having regard to attendance records kept by officials of the House, and

• (b) did not have leave of absence in respect of the Session, in accordance with Standing Orders of the House.

• (3) Subsection (1) does not apply to a peer in respect of attendance during a Session if—

• (a) the peer was disqualified from sitting or voting in the House, or suspended from its service, for the whole of the Session, or

• (b) the House resolves that subsection (1) should not apply to the peer by reason of special circumstances.

• (4) Subsection (1) does not apply in respect of attendance during a Session that is less than six months long.

• (5) In this section a reference to attendance is a reference to attending the proceedings of the House (including the proceedings of a Committee of the House).

• (6) This section applies in respect of attendance during the first Session to begin after its coming into force and subsequent Sessions.

Conviction of serious offence

3

• (1) A member of the House of Lords who is convicted of a serious offence ceases to be a member of the House of Lords.

• (2) A person “is convicted of a serious offence” if, and only if, the Lord Speaker certifies that the person, while a member of the House of Lords, has been—

• (a) convicted of a criminal offence, and

• (b) sentenced or ordered to be imprisoned or detained indefinitely or for more than one year.

• (3) It is irrelevant for the purposes of subsection (2)—

• (a) whether the offence is committed at a time when the person is a member of the House of Lords;

• (b) whether any of the offence, conviction, sentence, order, imprisonment or detention occurs in the United Kingdom or elsewhere; (but see subsection (9)).

• (4) The reference in subsection (2) to an offence is only to an offence committed on or after the day on which this section comes into force.

• (5) The reference in subsection (2) to a person being sentenced or ordered to be imprisoned or detained indefinitely or for more than one year does not include such a sentence or order where the sentence or order is suspended.

• (6) A certificate under subsection (2) takes effect when it is issued.

• (7) If a person who has ceased to be a member of the House of Lords in accordance with this section is successful on appeal—

• (a) the Lord Speaker must issue a further certificate to that effect, and

• (b) on the issue of that certificate, the original certificate under subsection (2) shall be treated for the purposes of this Act as never having had effect.

• (8) A person who has ceased to be a member of the House of Lords in accordance with this section “is successful on appeal” if, and only if, the Lord Speaker certifies that—

• (a) the conviction certified under subsection (2)(a) has been quashed, or

• (b) the sentence or order certified under subsection (2)(b) has been—

• (i) varied so that it is no longer a sentence or order that the person be imprisoned or detained indefinitely or for more than one year within the meaning of subsection (2)(b), or

• (ii) replaced with another sentence or order that is not a sentence or order that the person be so imprisoned or detained.

• (9) A certificate under subsection (2) in respect of a conviction outside the United Kingdom may be issued only if the House of Lords resolves that subsection (1) should apply; and where the House does so resolve the Lord Speaker must issue the certificate.

Effect of ceasing to be a member

4

• (1) This section applies where a person ceases to be a member of the House of Lords in accordance with this Act.

• (2) The person becomes disqualified from attending the proceedings of the House of Lords (including the proceedings of a Committee of the House).

• (3) Accordingly, the person shall not be entitled to receive a writ to attend the House (whether under section 1 of the Life Peerages Act 1958, by virtue of the dignity conferred by virtue of appointment as a Lord of Appeal in Ordinary, by virtue of a hereditary peerage or as a Lord Spiritual) and may not attend the House in pursuance of a writ already received.

• (4) If the person is a hereditary peer who is excepted from section 1 of the House of Lords Act 1999 by virtue of section 2 of that Act, the person ceases to be excepted from section 1 of that Act (and accordingly section 3 of that Act applies (removal of disqualification on voting in parliamentary elections or being an MP)).

• (5) If the person is a peer other than a hereditary peer, the person is not, by virtue of that peerage, disqualified for—

• (a) voting at elections to the House of Commons, or

• (b) being, or being elected as, a member of that House.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The Standing Orders of the House required by section 2(4) of the House of Lords Act 1999 (filling of vacancies) must make provision requiring the holding of a by-election to fill any vacancy which arises under this Act among the people excepted from section 1 of that Act in consequence of an election.

• (8) Subject to section 3(7), a person who ceases to be a member of the House of Lords in accordance with this Act may not subsequently become a member of that House.

Certificate of Lord Speaker

5

• (1) A certificate of the Lord Speaker under this Act shall be conclusive for all purposes.

• (2) A certificate may be issued on the Lord Speaker's own initiative.

Interpretation

6

• (1) For the purposes of this Act a person is a member of the House of Lords if the person is entitled to receive writs of summons to attend that House.

• (2) In determining whether a person is so entitled, ignore—

• (a) section 2 of the Forfeiture Act 1870 (disqualification on conviction of treason);

• (b) sections 426A and 427 of the Insolvency Act 1986 (disqualification on insolvency);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) section 1(3) of the House of Lords (Expulsion and Suspension) Act 2015 (suspension).

• (3) In this Act “peer” includes a person upon whom a dignity has been conferred by virtue of appointment as a Lord of Appeal in Ordinary.

Short title, commencement and extent

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• (1) This Act may be cited as the House of Lords Reform Act 2014.

• (2) Sections 1 and 2 of this Act shall come into force at the end of the period of three months beginning with the day on which this Act is passed.

• (3) The remaining provisions of this Act shall come into force on the day on which this Act is passed.

• (4) This Act extends to England and Wales, Scotland and Northern Ireland.

Resignation

Editorial notes

[^key-6dff311bb2f885bf3b51e5ff1ffedf67]: S. 6(2)(d) inserted (26.6.2015) by House of Lords (Expulsion and Suspension) Act 2015 (c. 14), ss. 2, 4(2)

[^key-1d2758410c2ea5ebbca079fa5c9789bd]: S. 6(2)(c) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[^key-0a0695ccd9b5627a47c640adfc9bdcfd]: S. 4(6) omitted (16.1.2024) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 7 para. 10 (with Sch. 7 para. 13); S.I. 2023/1405, reg. 2