Point in time view as at 11/11/1999.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to House of Lords Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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:—
No-one shall be a member of the House of Lords by virtue of a hereditary peerage.
(1)Section 1 shall not apply in relation to anyone excepted from it by or in accordance with Standing Orders of the House.
(2)At any one time 90 people shall be excepted from section 1; but anyone excepted as holder of the office of Earl Marshal, or as performing the office of Lord Great Chamberlain, shall not count towards that limit.
(3)Once excepted from section 1, a person shall continue to be so throughout his life (until an Act of Parliament provides to the contrary).
(4)Standing Orders shall make provision for filling vacancies among the people excepted from section 1; and in any case where—
(a)the vacancy arises on a death occurring after the end of the first Session of the next Parliament after that in which this Act is passed, and
(b)the deceased person was excepted in consequence of an election,
that provision shall require the holding of a by-election.
(5)A person may be excepted from section 1 by or in accordance with Standing Orders made in anticipation of the enactment or commencement of this section.
(6)Any question whether a person is excepted from section 1 shall be decided by the Clerk of the Parliaments, whose certificate shall be conclusive.
(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
(b)being, or being elected as, a member of that House.
(2)Subsection (1) shall not apply in relation to anyone excepted from section 1 by virtue of section 2.
(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.
(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.
(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.
1In section 1(2) of the Peerage Act 1963 (disclaimer of certain hereditary peerages) for the words from “has” to the end there shall be substituted the words “ is excepted from section 1 of the House of Lords Act 1999 by virtue of section 2 of that Act ”.E+W+S+N.I.
2In 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—E+W+S+N.I.
(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 ”.
3In 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 ”.E+W+S+N.I.
|Chapter||Short title||Extent of repeal|
|1963 c. 48.||The Peerage Act 1963.||In section 1(3), paragraph (b) and the word “and” immediately preceding it.|
|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.|
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: