Constitutional Reform Act 2005

Section 18

SCHEDULE 6 Speakership of the House of Lords

Clerk of the Parliaments Act 1824 (c. 82)

1 (1) For the title to section 3 of the Clerk of the Parliaments Act 1824 substitute “Appointment of other clerks officiating at the table”.

(2) In section 3 for “the lord chancellor or speaker of the House of Lords for the time being” substitute “the Speaker of the House of Lords”.

Parliamentary Papers Act 1840 (c. 9)

2 In section 1 of the Parliamentary Papers Act 1840 (proceedings against persons for publication of Parliamentary papers) for the words from “the lord high chancellor” to “the time being” substitute “the Speaker of the House of Lords”.

Church of England Assembly (Powers) Act 1919 (c. 76)

3 In section 2(2) of the Church of England Assembly (Powers) Act 1919 (members of Ecclesiastical Committee of both Houses of Parliament), for “the Lord Chancellor” in both places substitute “the Speaker of the House of Lords”.

Statutory Instruments Act 1946 (c. 36)

4 (1) The Statutory Instruments Act is amended as follows.

(2) In section 4(1) (statutory instruments required to be laid before Parliament) for “to the Lord Chancellor and to the Speaker of the House of Commons” substitute “to the Speaker of the House of Commons and the Speaker of the House of Lords”.

(3) In section 8(1) (regulations for the purposes of the Act) for “the Lord Chancellor and the Speaker of the House of Commons” in each place substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”.

Laying of Documents Before Parliament (Interpretation) Act 1948 (c. 59)

5 (1) For the title to section 2 of the Laying of Documents Before Parliament (Interpretation) Act 1948 substitute “Statutory Instruments Act 1946, s.4: notification during vacancy of office of Speaker of either House”.

(2) In section 2—

(a) for “to the Lord Chancellor and to the Speaker of the House of Commons” substitute “to the Speaker of the House of Commons and the Speaker of the House of Lords”;

(b) for “of the Lord Chancellor or of the Speaker” substitute “of the Speaker of the House of Commons or the Speaker of the House of Lords”.

Consolidation of Enactments (Procedure) Act 1949 (c. 33)

6 (1) Section 1 of the Consolidation of Enactments (Procedure) Act 1949 (procedure for making corrections and minor improvements) is amended as follows.

(2) In subsection (3) for “the Lord Chancellor and the Speaker of the House of Commons” substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”.

(3) In subsection (4)—

(a) for “the Lord Chancellor and the Speaker” substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”;

(b) for “of the Lord Chancellor and of the Speaker” substitute “of the Speaker of the House of Commons and the Speaker of the House of Lords”.

(4) In subsection (5) for “the Lord Chancellor nor the Speaker” substitute “the Speaker of the House of Commons nor the Speaker of the House of Lords”.

(5) In subsections (6) and (7) for “of the Lord Chancellor and of the Speaker” substitute “of the Speaker of the House of Commons and the Speaker of the House of Lords”.

Exchequer and Audit Departments Act 1957 (c. 45)

7 In section 2 of the Exchequer and Audit Departments Act 1957 (performance of Comptroller’s functions by authorised officer), for subsection (3)(a) substitute—

“(a) shall extend only to accounts in respect of which (as the case may be)—

(i) the Speaker of the House of Commons has certified to the House of Commons, or

(ii) the Speaker of the House of Commons has certified to the House of Commons and the Speaker of the House of Lords has certified to the House of Lords,

that the Comptroller is unable to do so himself; and”.

Ministerial and other Salaries Act 1975 (c. 27)

8 In section 2(3) of the Ministerial and other Salaries Act 1975 (question as to who is Leader of the Opposition in the House of Lords) for “the Lord Chancellor” substitute “the Speaker of the House of Lords”.