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Peerage Act 1963

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This is the original version (as it was originally enacted).

2Disclaimer by members of the House of Commons and parliamentary candidates.

(1)Where a person who succeeds to a peerage to which section 1 of this Act applies is a member of the House of Commons when he so succeeds, any instrument of disclaimer to be delivered by him under "that section in respect of that peerage shall be delivered within the period of one month beginning with the date of his succession, and not later; and until the expiration of that period he shall not, by virtue of that peerage, be disqualified for membership of the House of Commons whether or not he has delivered such an instrument:

Provided that—

(a)a person who is exempt from disqualification for membership of the House of Commons by virtue only of this subsection shall not sit or vote in that House while so exempt; and

(b)if any such person applies for a writ of summons to attend the House of Lords in right of the peerage in question, this subsection shall cease to apply to him.

(2)Where a person who succeeds to such a peerage as aforesaid has been or is nominated as a candidate at a parliamentary election held in pursuance of a writ issued before his succession, he shall not (unless he applies for such a writ of summons as aforesaid) be disqualified by virtue of that peerage for election to the House of Commons at that election, and if he is so elected subsection (1) of this section shall apply to him as if he had succeeded to the peerage immediately after the declaration of the result of the election.

(3)Where an instrument of disclaimer is delivered under this Act by a person to whom this section applies, a copy of that instrument shall be delivered to the Speaker of the House of Commons.

(4)In reckoning any period prescribed by this section in relation to any person no account shall be taken—

(a)of any time during which proceedings are pending on any parliamentary election petition in which the right of that person to be elected or returned to the House of Commons is in issue ;

(b)of any time during which that person is shown to the satisfaction of the Speaker of the House of Commons to have been subject to any such infirmity as is mentioned in subsection (4) of section 1 of this Act; or

(c)of any time during which Parliament is prorogued or both Houses of Parliament are adjourned for more than four days;

and if Parliament is dissolved during that period the foregoing provisions of this section shall cease to apply to that person in respect of the peerage in question.

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