Westminster Policy News & Legislative Analysis

House of Lords (Hereditary Peers) Act 2026: key points

Parliament has enacted the House of Lords (Hereditary Peers) Act 2026, with Royal Assent on 18 March 2026. The statute removes the remaining link between hereditary peerage and membership of the upper chamber and makes a set of procedural and consequential changes. UK Parliament communications confirmed the timetable, with Royal Assent set for 18 March, and the legislation is now listed as Chapter 12 of 2026. (parliament.uk)

The central change is to membership. Section 1 repeals section 2 of the House of Lords Act 1999, closing the ‘excepted hereditary peers’ route and ending by‑elections for hereditary vacancies. The Act also provides that any writ of summons issued in this Parliament by virtue of a hereditary peerage ceases to have effect at the end of the Session. UK Parliament guidance on the Bill’s final stage and the Commons Library briefing both set out this effect. (parliament.uk)

Commencement is staged. Sections 2, 5 and 6 take effect from Royal Assent; the remaining provisions commence at the end of the Session in which the Act is passed, when hereditary seats fall away. The Cabinet Office has stated implementation will follow at the Session’s end. Taken together, this means operational change arrives at prorogation later this spring. (gov.uk)

On resignations, the Act amends section 1 of the House of Lords Reform Act 2014 to allow a notice to be given and signed on behalf of a peer who lacks capacity, in accordance with Standing Orders. This addresses a narrow but important procedural gap identified during Lords stages; the Commons Library notes that this provision was intended to commence on Royal Assent and it now does so. (commonslibrary.parliament.uk)

Jurisdiction in peerage claims is removed from the House. Section 3 abolishes the Lords’ role in adjudicating claims to hereditary peerages, including claims in abeyance, ending the involvement of the Committee for Privileges and Conduct in such matters. Parliament’s own material and the Bill’s explanatory notes describe this shift away from a parliamentary forum for title claims. (parliament.uk)

A suite of consequential amendments follows. The Act trims spent or inconsistent provisions in peerage law (including elements of the Peerage Act 1963), removes hereditary‑specific references in the House of Lords Act 1999 and the House of Lords Reform Act 2014, and tidies transitional tax‑status language in section 42 of the Constitutional Reform and Governance Act 2010 to reflect that succession no longer confers membership. Explanatory notes set out the rationale for these consequential changes. (publications.parliament.uk)

Inside the House, procedural implementation will be managed through Standing Orders. During the Bill’s final Lords exchanges, ministers recorded that the Procedure and Privileges Committee had prepared draft Standing Orders for approval so they can take effect promptly after Royal Assent. This underpins the end of hereditary by‑elections and the new resignation-by‑proxy process. (hansard.parliament.uk)

The Government has indicated steps to maintain the chamber’s capacity. A Cabinet Office statement confirmed that additional life peerages will be offered to the Official Opposition and to the Crossbenchers, and parliamentary updates also recorded plans to increase the number of ministerial salaries that can be paid. These are framed as transitional support measures as hereditary seats leave the House. (gov.uk)

For practitioners, the near‑term calendar matters. Excepted hereditary peers remain members until prorogation, when their writs end and the membership change takes effect. Government communications say commencement for the main provisions will align with the Session’s end, which external reporting expects to fall before the next King’s Speech. Stakeholders should watch for formal Standing Order changes and any administrative guidance on peerage‑claim processes. (gov.uk)