House of Lords (Amendment) Bill (HC Bill 322)
Make provision for permanent leave of absence from the House of Lords; and
to provide for the expulsion of members of the House of Lords in specified
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Permanent leave of absence by reason of application
The House of Lords may by Standing Order make provision for members to be
granted permanent leave of absence.
Except as provided for in subsection (3), the House shall determine such
criteria as it deems appropriate for granting such leave of absence.
Permanent leave of absence may only be granted to those members who apply
2 Permanent leave of absence by reason of failure to attend the House
Any member of the House of Lords who fails to attend the House during the
course of a session, where that session exceeds more than six months in
duration, shall be deemed to have taken permanent leave of absence.
Subsection (1) shall not apply to any member serving in the armed forces,
either regular or reserve, or the diplomatic service.
The House of Lords may by Standing Order make provision for a member to
be excluded from the provisions of subsection (1) in such cases where the
member makes an application to a body stipulated by the House and where
that body deems that the reason given is reasonable, for example undertaking
other public service, for the provisions of subsection (1) not to apply.
A Member of the House of Lords who has taken leave of absence will not be
subject to the provisions of sections 1 to 3.
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3 Permanent leave of absence: consequence for membership
A person granted permanent leave of absence under this Act shall no longer be
a member of the House of Lords.
4 Conviction of serious criminal offence
A person found guilty of one or more offences (whether in the United
Kingdom or elsewhere), and sentenced or ordered to be imprisoned or
detained indefinitely or for more than one year, shall cease to be a member of
the House of Lords.
If the provisions of this section are met by virtue of a sentence or order given
or made outside the United Kingdom, the effect is reversed if the House of
Lords resolves that the person found guilty is to be treated as not having been
the subject of the sentence or order.
A reversal under subsection (2) has effect from the day after which the
resolution is passed.
5 Right to vote and stand for election to the House of Commons
A person who ceases to be a member of the House of Lords under this Act shall
not, unless otherwise disqualified by another enactment, be disqualified
(a) voting at elections to the House of Commons, or
(b) being, or being elected as, a member of that House.
6 Short title
This Act may be cited as the House of Lords (Amendment) Act 2012.