For instance, if they inherit one of the remaining hereditary peerages, or they are appointed a bishop?
I suspect they would remain an eligible candidate, having been eligible at the time of nomination, but would be ineligible to take their seat if elected. (You may legitimately stand in two constituencies in the same election, but you must choose one to represent if you're elected for both, and the other constituency would have a by-election.)
Before 1963, a by-election used to happen, as there was no way to renounce a peerage. Until 1999 a sitting MP - or anyone who wished to run for Parliament - had to disclaim their title to remain eligible. Tony Benn is largely responsible for the Peerages Act of 1963 which permitted them to do so:
Since the abolition of the general right of hereditary peers to sit in the House of Lords, it is no longer necessary for hereditary peers to renounce their peerages in order to sit in the House of Commons. In 2001 John Thurso became the first British hereditary peer to be elected to the Commons and take his seat.
Anthony Wedgewood Benn MP was disbarred from the Commons when, in 1960, his father died and he became the 2nd Viscount Stangate. Here is what Wikipedia has to say on the matter:
In November 1960 Benn's father died, and he automatically inherited the peerage. As a result he was disbarred from sitting in the House of Commons. Still insisting on his right to abandon his unwelcome peerage, Benn fought to retain his seat in the by-
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Hmm. I think that covers a number of cases, but not the one in question. I'm aware of the Peerages Act, for example.
But what happens in the specific case where, between the nomination of candidates, and the election taking place, one of the candidates enters the House of Lords? Clearly, they have the option to renounce their peerage or refuse the office of Bishop or whatever, but what if they don't?
I believe there are three main possibilities: the election continues, and if they win they can't take their seat (causing a fresh election), they are simply dropped from the ballot and the election continues with the remaining candidates, or the election is abandoned in the same way as if they had died during that interval.
And, as ascertained with pseudomonas and others in the pub last night, we have no idea which of those pertains.
You are aware of the Peerages Act, but not of the current status of the House of Lords.
Since the abolition of the general right of hereditary peers to sit in the House of Lords, it is no longer necessary for hereditary peers to renounce their peerages in order to sit in the House of Commons. In 2001 John Thurso became the first British hereditary peer to be elected to the Commons and take his seat.
Um. I don't see why hereditary peerages are especially relevant to the original question. People are from time to time ennobled, and there is nothing to prevent this happening while they are a candidate for a Parliamentary election. Similarly, someone could be made a Bishop while standing for Parliament.
Here's one; what if Tony Benn dies during this parliament? Would that mean that Hilary becomes Viscount Stansgate and thus precipitates a by-election in Leeds Central?
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I suspect they would remain an eligible candidate, having been eligible at the time of nomination, but would be ineligible to take their seat if elected. (You may legitimately stand in two constituencies in the same election, but you must choose one to represent if you're elected for both, and the other constituency would have a by-election.)
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Before 1963, a by-election used to happen, as there was no way to renounce a peerage. Until 1999 a sitting MP - or anyone who wished to run for Parliament - had to disclaim their title to remain eligible. Tony Benn is largely responsible for the Peerages Act of 1963 which permitted them to do so:
Since the abolition of the general right of hereditary peers to sit in the House of Lords, it is no longer necessary for hereditary peers to renounce their peerages in order to sit in the House of Commons. In 2001 John Thurso became the first British hereditary peer to be elected to the Commons and take his seat.
Anthony Wedgewood Benn MP was disbarred from the Commons when, in 1960, his father died and he became the 2nd Viscount Stangate. Here is what Wikipedia has to say on the matter:
In November 1960 Benn's father died, and he automatically inherited the peerage. As a result he was disbarred from sitting in the House of Commons. Still insisting on his right to abandon his unwelcome peerage, Benn fought to retain his seat in the by- ( ... )
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But what happens in the specific case where, between the nomination of candidates, and the election taking place, one of the candidates enters the House of Lords? Clearly, they have the option to renounce their peerage or refuse the office of Bishop or whatever, but what if they don't?
I believe there are three main possibilities: the election continues, and if they win they can't take their seat (causing a fresh election), they are simply dropped from the ballot and the election continues with the remaining candidates, or the election is abandoned in the same way as if they had died during that interval.
And, as ascertained with pseudomonas and others in the pub last night, we have no idea which of those pertains.
Reply
Since the abolition of the general right of hereditary peers to sit in the House of Lords, it is no longer necessary for hereditary peers to renounce their peerages in order to sit in the House of Commons. In 2001 John Thurso became the first British hereditary peer to be elected to the Commons and take his seat.
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