Standing Orders (Public Business)

Lord Gardiner of Kimble Excerpts

Tuesday 14th April 2026 Lords Chamber

Moved by

[The Senior Deputy Speaker]

That the standing orders relating to public business be amended as follows:

After Standing Order 21, insert:

“21ZA Resignation on behalf of peers who lack capacity to give or sign a notice of resignation

1. In implementation of section 1(5) of the House of Lords Reform Act 2014, this Standing Order makes provision for the giving and signing of a notice of resignation by a person (“the applicant”) acting on behalf of a peer who lacks capacity to give or sign it.

2. Resignation pursuant to this Standing Order is permitted only if the applicant has submitted an application to give and sign notice of resignation on behalf of the peer (“the application”), and the Leave of Absence Sub-Committee of the Procedure and Privileges Committee (“the Sub-Committee”) has, in accordance with paragraph 7, and having determined that the conditions set out in paragraphs 3 and 4 (“the first and second conditions”) have been met, approved the application.

3. The first condition is that the applicant has authority to act on behalf of the peer. Evidence demonstrating that this condition has been met may include, but is not limited to, evidence that the applicant is acting on behalf of the peer as:

(a) the donee of a Lasting Power of Attorney for property and financial affairs;

(b) a continuing attorney under a Continuing Power of Attorney;

(c) the donee of an Enduring Power of Attorney;

(d) the donee of any equivalent Power of Attorney; or

(e) a property and financial affairs deputy appointed by the Court of Protection.

4. The second condition is that:

(a) the peer is unlikely to regain capacity to give or sign a notice of resignation; and

(b) in assessing whether this condition has been met, the applicant has consulted medical professionals, and, if appropriate, family members or others caring for the peer.

5. The applicant must submit the application, which must include a signed statement confirming that the first and second conditions have been met, together with appropriate supporting evidence, to the Clerk of the Parliaments.

6. The Clerk of the Parliaments, having reviewed the application, will present it to the Sub-Committee with a recommendation.

7. The Sub-Committee will then decide either to approve or refuse the application, and the Clerk of the Parliaments will communicate this decision to the applicant.

8. If the application is approved, the applicant may then give and sign a notice of resignation on behalf of the peer in accordance with section 1 of the House of Lords Reform Act 2014.”

Motion agreed.