22.The Peerage Act 1963 allows peers on succeeding to a hereditary peerage to disclaim the peerage for life. A person may disclaim within twelve months of succeeding to a peerage, or if he succeeds before the age of twenty-one, within twelve months of attaining that age. If he applies for a writ of summons to the House of Lords then he loses the right to disclaim. The House of Lords Act does not remove the right to disclaim, but it repeals the references in section 1(2) to writs of summons, as a hereditary peer will no longer by virtue of being a hereditary peer be entitled to receive a writ of summons unless he is an excepted peer. The House of Lords Act makes it clear that a hereditary peer who is an excepted peer loses the right to disclaim his title.
23.Schedule 1 also amends the Recess Elections Act 1975 to ensure that that Act can operate if a member of the House of Commons becomes an excepted peer. The amendment makes the necessary distinction between peers who are disqualified for membership of the House of Commons because they are excepted peers and therefore members of the House of Lords, and hereditary peers who are not so disqualified because they are not members of the House of Lords.
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