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House of Lords (Hereditary Peers) Act 2026

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House of Lords (Hereditary Peers) Act 2026

2026 Chapter 12

An Act to remove the remaining connection between hereditary peerage and membership of the House of Lords; to make provision about resignation from the House of Lords; to abolish the jurisdiction of the House of Lords in relation to claims to hereditary peerages; and for connected purposes.

Enacted [18th March 2026]
Be it enacted by the King’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 Exclusion of remaining hereditary peers

Amends House of Lords Act 1999 · 1 deletion

2 Exception from section 1

1 Section 1 shall not apply in relation to anyone excepted from it by or in accordance with Standing Orders of the House.
2 At any one time 90 people shall be excepted from section 1; but anyone excepted as holder of the office of Earl Marshal, or as performing the office of Lord Great Chamberlain, shall not count towards that limit.
3 Once excepted from section 1, a person shall continue to be so throughout his life (until an Act of Parliament provides to the contrary).

subsections (4) – (6) omitted in full

Omit section 2 of the House of Lords Act 1999 (exception to exclusion of hereditary peers from membership of House of Lords).

2 Resignation

Amends House of Lords Reform Act 2014 · 1 insertion

1 Resignation

subsections (1) – (4) unchanged

5 Where a notice under this section is given and signed by a person on behalf of a peer who lacks capacity to give or sign the notice, the notice must be given and signed in accordance with Standing Orders of the House.
In section 1 of the House of Lords Reform Act 2014 (resignation), after subsection (4) insert—

3 Claims to hereditary peerages

1 The jurisdiction of the House of Lords in relation to claims to hereditary peerages is abolished.
2 For the purposes of this section a claim to a hereditary peerage includes a claim to a hereditary peerage in abeyance.

4 Consequential amendments

1 In the Peerage Act 1963
Amends Peerage Act 1963 · 1 change

1 Disclaimer of certain hereditary peerages

subsection (1) unchanged

2 Any instrument of disclaimer to be delivered under this section in respect of a peerage shall be delivered within the period of twelve months beginning with the day on which the person disclaiming succeeds to that peerage or, if he is under the age of twenty-one when he so succeeds, the period of twelve months beginning with the day on which he attains that age; and no such instrument shall be delivered in respect of a peerage by a person who is excepted from section 1 of the House of Lords Act 1999 by virtue of section 2 of that Act.

subsections (3) – (5) unchanged

a in section 1(2) (disclaimer of certain hereditary peerages), omit the words from “; and no such instrument” to the end;
Amends Peerage Act 1963 · 1 deletion

4 Scottish peerages

The holder of a peerage in the peerage of Scotland shall have the same right to receive writs of summons to attend the House of Lords, and to sit and vote in that House, as the holder of a peerage in the peerage of the United Kingdom; and the enactments relating to the election of Scottish representative peers shall cease to have effect.
b omit section 4 (Scottish peerages) and the italic heading before it;
Amends Peerage Act 1963 · 1 deletion

6 Peeresses in own right

A woman who is the holder of a hereditary peerage in the peerage of England, Scotland, Great Britain or the United Kingdom shall (whatever the terms of the letters patent or other instrument, if any, creating that peerage) have the same right to receive writs of summons to attend the House of Lords, and to sit and vote in that House, and shall be subject to the same disqualifications in respect of membership of the House of Commons and elections to that House, as a man holding that peerage.
c omit section 6 (peeresses in own right).
2 In the House of Lords Act 1999
Amends House of Lords Act 1999 · 1 deletion

3 Removal of disqualifications in relation to the House of Commons

subsection (1) unchanged

2 Subsection (1) shall not apply in relation to anyone excepted from section 1 by virtue of section 2.
a omit section 3(2) (disqualifications in relation to House of Commons applicable to hereditary peers);
Amends House of Lords Act 1999 · 1 deletion

Schedule 1 — Amendments

italic heading: Peerage Act 1963 (c.48)

1 In section 1(2) of the Peerage Act 1963 (disclaimer of certain hereditary peerages) for the words from “has” to the end there shall be substituted the words “is excepted from section 1 of the House of Lords Act 1999 by virtue of section 2 of that Act”.

paragraphs 2 – 3 unchanged

b omit paragraph 1 of Schedule 1 (amendment of Peerage Act 1963).
3 In the Constitutional Reform and Governance Act 2010, in section 42 (tax status of members of House of Lords: transitional provision)—
Amends Constitutional Reform and Governance Act 2010 · 2 deletions

42 Tax status of members of House of Lords: transitional provision

subsections (1) – (2) unchanged

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.

subsections (5) – (10) unchanged

Amends Constitutional Reform and Governance Act 2010 · 1 change

42 Tax status of members of House of Lords: transitional provision

subsections (1) – (4) unchanged

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.

subsections (6) – (10) unchanged

b in subsection (5), omit “If M is not such a person,”;
Amends Constitutional Reform and Governance Act 2010 · 2 changes

42 Tax status of members of House of Lords: transitional provision

subsections (1) – (7) unchanged

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.

subsections (9) – (10) unchanged

c in subsection (8)
i omit “or M succeeds to a peerage”;
ii omit the words from “If subsection (3)(a)” to the end;
Amends Constitutional Reform and Governance Act 2010 · 1 deletion

42 Tax status of members of House of Lords: transitional provision

subsections (1) – (8) unchanged

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.

subsection (10) unchanged

4 In the House of Lords Reform Act 2014, in section 4 (effect of ceasing to be a member)—
Amends House of Lords Reform Act 2014 · 1 change

4 Effect of ceasing to be a member

subsections (1) – (2) unchanged

3 Accordingly, the person shall not be entitled to receive a writ to attend the House (whether under section 1 of the Life Peerages Act 1958, by virtue of the dignity conferred by virtue of appointment as a Lord of Appeal in Ordinary, by virtue of a hereditary peerage or as a Lord Spiritual) and may not attend the House in pursuance of a writ already received.

subsections (4) – (8) unchanged

a in subsection (3), omit “, by virtue of a hereditary peerage”;
Amends House of Lords Reform Act 2014 · 1 deletion

4 Effect of ceasing to be a member

subsections (1) – (3) unchanged

4 If the person is a hereditary peer who is excepted from section 1 of the House of Lords Act 1999 by virtue of section 2 of that Act, the person ceases to be excepted from section 1 of that Act (and accordingly section 3 of that Act applies (removal of disqualification on voting in parliamentary elections or being an MP)).

subsections (5) – (8) unchanged

Amends House of Lords Reform Act 2014 · 1 change

4 Effect of ceasing to be a member

subsections (1) – (4) unchanged

5 If the person is a peer other than a hereditary peer, the person is not, by virtue of that peerage, disqualified for—
a voting at elections to the House of Commons, or
b being, or being elected as, a member of that House.

subsections (6) – (8) unchanged

c in subsection (5), omit “other than a hereditary peer”;
Amends House of Lords Reform Act 2014 · 1 deletion

4 Effect of ceasing to be a member

subsections (1) – (6) unchanged

7 The Standing Orders of the House required by section 2(4) of the House of Lords Act 1999 (filling of vacancies) must make provision requiring the holding of a by-election to fill any vacancy which arises under this Act among the people excepted from section 1 of that Act in consequence of an election.

subsection (8) unchanged

5 Extent and commencement

1 An amendment or repeal made by section 1, 2 or 4 has the same extent as the provision amended or repealed.
2 Section 3, this section and section 6 extend to England and Wales, Scotland and Northern Ireland.
3 Section 2, this section and section 6 come into force on the day on which this Act is passed.
4 The other provisions of this Act come into force at the end of the Session of Parliament in which this Act is passed.
5 Accordingly, any writ of summons issued for the present Parliament in right of a hereditary peerage is of no effect after that Session.

6 Short title

This Act may be cited as the House of Lords (Hereditary Peers) Act 2026.