Why was it introduced (political/sociological context)?
The House of Lords is the second chamber of the UK parliament. Their role has been to review, make and amend the laws of the United Kingdom. The House of Lords is separate from the House of Commons, although its work largely complements the functions of the House of Commons. Parliament’s origins can be traced to councils consulted by Anglo-Saxon kings, attended by religious leaders, magnates and the king’s ministers. The Lords and Commons developed as separate chambers during the 14th century. Over time, membership of the Lords Temporal became largely hereditary, although the Crown also created new peerages. The Lords Spiritual sat by virtue of ecclesiastical office. There was no general public vote on members. This continued on for centuries. During the 20th century, the Parliament Acts 1911 and 1949 restricted the House of Lords’ power to reject legislation approved by the House of Commons, replacing its veto over most public bills with a limited power of delay. The House of Lords retained significant input into the country’s laws, but the House of Commons had established primacy. Further, the Life Peerages Act 1958 enabled the creation of life peerages for men and women, which expired on death rather than passing to heirs. The Peerage Act 1963 allowed hereditary peerages to be disclaimed for life and enabled hereditary peeresses and all Scottish peers to sit. Around this time, Lords were also granted allowances for out of pocket expenses and leave of absence. In 1968, the government considered bringing in a two-tier House, with some members able to speak and vote and others able to speak but not vote. This idea was later abandoned.
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Critics argued that hereditary membership of the House of Lords was not a fair and representative way of conducting parliamentary decisions. The Labour government sought to reform it to better balance the scales of decision making and law-making. The proposal to remove membership of the House of Lords by virtue of hereditary peerage was rigorously debated and staunchly opposed by the House of Lords. The Bill passed its Commons third reading by 340 votes to 132 on 16 March 1999. The Act received Royal Assent on 11 November 1999, and its main provisions took effect at the end of that parliamentary session on the same day. It was agreed that 92 of the peers were allowed to remain in the House of Lords on a temporary basis.
What was the aim of the Act (legal context)?
The Act removed most hereditary peers from the House of Lords and significantly altered its composition, while leaving its legislative powers unchanged. By removing the right to inherit a seat in the House of Lords, this changed the traditional practice of effectively inheriting parliamentary membership. Supporters regarded this as a fairer and more representative basis for law-making, but the Act did not create an elected second chamber.
What main changes did it make to the law?
The fundamental change the Act made was the reform of the House of Lords. Membership of the House of Lords by virtue of hereditary peerage was excluded under section 1 of the Act, with the exception of 92 Lords who were able to stay under section 2(2) of the Act. These were 90 elected hereditary peers and the holders of the offices of Earl Marshal and Lord Great Chamberlain. Section 2(3) allowed an excepted peer to remain for life until Parliament legislated otherwise. Standing Orders provided for filling vacancies, later through internal by-elections; later legislation also permitted retirement and provided for other ways of ceasing to be a member. Ten hereditary peers were granted life peerages in connection with the 1999 reform: four peers of first creation and six other former Leaders of the House of Lords. Royal hereditary titles were not exempt from the reform: section 6(1) expressly includes the principality of Wales and earldom of Chester within “hereditary peerage”. Hereditary peers who ceased to be members could vote in Commons elections and stand for the House of Commons under section 3, subject to the usual qualifications. Eligible hereditary peers could also stand in the internal elections for excepted seats. Life peers continued to be appointed and the Lords Spiritual continued to sit by virtue of ecclesiastical office; membership was not by public election. The changes made to parliament under the Act were fairly controversial for the day as it overrode long standing practices that had a strong history. The changes were opposed by many Conservative politicians.
2026 update
The House of Lords Act 1999 did not fully remove hereditary peers from the House of Lords. Instead, as a political compromise, it allowed 92 hereditary peers to remain temporarily as “excepted peers”. These members continued to sit and vote in the House, with vacancies in the 90 elected places filled through internal by-elections. The two office-holders were excepted separately. By-elections were paused in 2024 while further reform was considered.
Further reform has now taken effect. The House of Lords (Hereditary Peers) Act 2026 received Royal Assent on 18 March 2026. It repealed section 2 of the 1999 Act at the end of the parliamentary session on 29 April 2026, ending entitlement to sit and vote by virtue of a hereditary peerage, including the exceptions for the two office-holders. Hereditary titles themselves remain. Some former hereditary members have received life peerages and sit on that basis. The House remains an unelected chamber of life peers and Lords Spiritual; the 2026 Act did not introduce public elections. It also abolished the House’s jurisdiction over claims to hereditary peerages.
Last updated: 11 November 2026
