Part 4

Tax status of MPs and members of the House of Lords

Tax status of members of the House of Lords: transitional provision
42
1
This section applies if, before the end of the period of 3 months beginning with the day on which this section comes into force, a member of the House of Lords (“M”) gives written notice to the Clerk of the Parliaments that M does not want section 41 to apply to M.
2
M shall not be a member of the House of Lords at any time after the notice is given and accordingly—
a
M shall not be entitled to receive writs of summons to attend the House, and
b
any writ of summons previously issued to M has no further effect.
3
If M is a person excepted from section 1 of the House of Lords Act 1999 by virtue of section 2 of that Act—
a
M shall no longer be excepted from section 1 of the 1999 Act, and
b
if M counted towards the limit under section 2(2) of the 1999 Act, that limit is reduced by one.
4
But section 3(1)(b) of the 1999 Act does not apply in relation to M before the end of the period of three years beginning with the date on which the notice is given.
5
If M is not such a person, M ceases to be disqualified by virtue of M's peerage (or dignity) for—
a
voting at elections to the House of Commons, or
b
being, or being elected as, a member of that House.
6
But subsection (5)(b) does not apply before the end of the period of three years beginning with the date on which the notice is given.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
If, after the notice is given, a peerage is conferred on M or M succeeds to a peerage, subsection (2) above does not stop M being entitled to receive writs of summons to attend the House of Lords by virtue of that peerage. If subsection (3)(a) has applied to M, it does not stop M becoming excepted from section 1 of the House of Lords Act 1999 again by filling a vacancy under section 2 of that Act after the notice is given.
9
If, after the notice is given, M becomes the person who is to hold the office of Earl Marshal or perform the office of Lord Great Chamberlain, subsection (2) above does not stop M being entitled to receive writs of summons to attend the House of Lords by virtue of the peerage that led to M becoming the person who is to hold or perform the office in question.
10
A person to whom regulation 4 of the European Parliament (House of Lords Disqualification) Regulations 2008 (S.I. 2008/1647) applies is to be treated as a member of the House of Lords for the purposes of this section.
S. 42(7) omitted (16.1.2024) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 7 para. 8 (with Sch. 7 para. 13); S.I. 2023/1405, reg. 2