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House of Lords Reform Act 2014

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3Conviction of serious offence

This section has no associated Explanatory Notes

(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.

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