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By virtue of Council Decision 2002/772/EC, Euratom (1) (implemented by S.I. 2004/304 and S.I. 2004/1374), the office of member of the European Parliament is incompatible with that of member of a national Parliament. Until the European Parliamentary elections in 2009, the UK has the benefit of a derogation. That derogation permits anyone who was a member of the House of Lords and who was also a member of the European Parliament at the time the Council Decision was introduced to continue to be permitted to have a dual mandate.
These Regulations make provision for a life peer who is elected to the office of member of the European Parliament to be disqualified from sitting and voting in the House of Lords for the duration of their membership of the European Parliament. Taking effect from the 2009 European Parliamentary elections, this will allow a life peer to be elected and serve as a member of the European Parliament, without breaching the prohibition on dual mandates.
OJ No. L 283, 21.10.2002, p 1.
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