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Research & Analysis Published 20 Apr 2026 House of Commons Library ↗ View on Parliament

Peerages and membership of the House of Lords

Type: Commons Briefing Paper (CBP-10635) At the end of the 2024-26 parliamentary session, the remaining hereditary peers lost their entitlement to sit and vote in the House of Lords.

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Peerages and membership of the House of Lords - House of Commons Library

The
House of Lords (Hereditary Peers) Act 2026
received Royal Assent on 18 March 2026. This means that when the 2024-26 parliamentary session came to an end on 29 April, the remaining hereditary peers were no longer entitled to sit and vote in the House of Lords by virtue of their hereditary peerage. The Upper House now comprises only life peers and the Lords Spiritual.

This briefing looks at peerages in general, both hereditary and life.

What is a peerage?

A peerage is one of several “dignities” – including baronetcies and knighthoods – which can be created by the Crown. The
peerage has different ranks
, which are:

Duke or Duchess (the highest)

Marquess or Marchioness

Earl or Countess

Viscount or Viscountess

Baron or Baroness

Peerages can also be classified by their “kingdom” of origin, something which reflects the constitutional development of the UK since 1707:

Peerages of England (those created before 1707)

Peerages of Scotland (as above)

Peerages of Great Britain (those created after 1707 and before 1800)

Peerages of Ireland (mainly created after 1175 and before 1800)

Peerages of the United Kingdom (most of those created since 1800)

Peerages can either be hereditary (inheritable by descendants of the current holder) or for life (held only for the duration of an individual’s life).

Historically, the House of Lords comprised a mix of hereditary and, after 1958, life peers. As of 29 April 2026, only life peers are eligible as members and all are barons or baronesses in the peerage of the United Kingdom.

The collective term is “Lords Temporal”, “peers” or “peers of the realm”. “Lord” and “Lady” can also be used for all ranks except Duke and Duchess. Church of England Bishops (the Lords Spiritual) are not peers but
Lords of Parliament
.

The wife of a male life peer becomes “lady”, but the husband of a male or female peer has no title, nor does the wife of a female life peer. When signing their names, peers use only their titles.

Order of Precedence

Under the Orders of Precedence for England and Wales (which is partly governed by the
House of Lords Precedence Act 1539
) and for Scotland, peers of England outrank peers of Scotland, after which come peers of Great Britain, pre-Union Ireland, the United Kingdom and the post-Union peerage of Ireland. Life barons and baronesses rank immediately below the same ranks in the hereditary peerage.

Legal basis of peerages

Peerages are created either under statute (legislation) or by virtue of the royal prerogative. Legal powers used under the prerogative do not require parliamentary authority.

Since the 15
th
century, the normal means of creating a peerage has been by
Letters Patent
(previous creations included by charter, writ or tenure). Letters Patent are a legal document authorised by the Monarch, usually on ministerial advice. They can be either prerogative or statutory and become effective when they pass under the
Great Seal
.

Since the 1960s, most peerage creations have been for life under the Life Peerages Act 1958.
Section 1
provides that:

(1) [His] Majesty shall have power by letters patent to confer on any person a peerage for life having the incidents specified in subsection (2) of this section.

(2) A peerage conferred under this section shall, during the life of the person on whom it is conferred, entitle him—

(a) to rank as a baron under such style as may be appointed by the letters patent; and

(b) subject to subsection (4) of this section, to receive writs of summons to attend the House of Lords and sit and vote therein accordingly, and shall expire on his death.

Subsection (4) provides that:

Nothing in this section shall enable any person to receive a writ of summons to attend the House of Lords, or to sit and vote in that House, at any time when disqualified therefor by law.

The peerage title and writ of summons to attend the House of Lords are overlapping but distinct. The
legal disqualifications
referred to in subsection (4) are being
under the age of 21
,
an alien
,
convicted of treason
,
bankrupt
or
occupying a disqualifying judicial office
.

The
Crown Office
(part of the Ministry of Justice) maintains a
Roll of the Peerage
, which records both life and hereditary peers.
Peers can be removed from the Roll of the Peerage
, although this does not change an their legal possession of a peerage, nor their eligibility to membership of the House of Lords, which can only be removed by an Act of Parliament. But any peer who is not entered on the roll shall not “be addressed or referred to by any title attaching to his Peerage in any civil or military Commission, Letters Patent, or other official document”.

Hereditary peers

The creation of an hereditary peerage is now rare. The most recent grant was in 2019 for the youngest child of the late Queen Elizabeth II, Prince Edward, who was created Earl of Forfar (he was already the Earl of Wessex). In 2023, King Charles III also
conferred upon him the Dukedom of Edinburgh, but only for life
. This was created outside the terms of the Life Peerages Act 1958 so did not entitle the Duke of Edinburgh to a seat in the House of Lords.

The most recent grant of an hereditary peerage to a non-royal was in 1984 for the former Prime Minister Harold Macmillan, who was created Earl of Stockton.

Hereditary peerages normally descend, upon the death of the grantee, to their male heir, although Letters Patent can
specify alternative recipients
(typically daughters or collateral relatives) in the event of there being no male “issue”. An hereditary peerage conferred upon the male heir to the throne (the Prince of Wales and Earl of Chester) “merges” with the Crown once that heir becomes Sovereign.

Membership of the House of Lords

Since the enactment of the
House of Lords Act 1999
, few hereditary peerages entitled the holder to sit in the House of Lords. Between 1999 and 2024, hereditary peers were eligible to stand for election to 90 “excepted” places, while the Earl Marshal and Lord Great Chamberlain sat by virtue of holding those offices. This system came to an end during the 2024-26 Session of Parliament.

Even before 1999, not all hereditary peers were automatically members of the Lords. Between 1801 and 1922 Irish peers elected 28 of their number to serve for life, while between 1707 and 1959 the election of 16 “representative” Scottish peers took place at around the time of a general election, who served for the duration of that Parliament. Until 1963, female peers (“peeresses in their own right”) did not receive a writ of summons. Hereditary Scottish peers were all admitted to the Lords in 1963, while the last representative Irish peer died in 1961. The
Statute Law (Repeals) Act 1971
repealed legislation relating to the election of Irish peers. Some Irish peers still exist in the Republic of Ireland but are not recognised as such.

Disclaiming an hereditary peerage

Section 1
of the Peerage Act 1963 allows any person succeeding to an hereditary peerage in the peerage of England, Scotland, Great Britain or the United Kingdom (but not Ireland) to disclaim that peerage for their lifetime by an instrument of disclaimer delivered to the Lord Chancellor within 12 months of that succession. The form of the instrument of disclaimer is given in
schedule 1
. The most recent peer to disclaim was the
third Lord Silkin in 2002
, whose father had also disclaimed.

An hereditary peer who disclaims can later receive a life peerage. For example, the Earl of Home (Alec Douglas-Home) and Viscount Hailsham (Quintin Hogg) both disclaimed in 1963 so they could sit in the House of Common, but were later created Lord Home of the Hirsel and Lord Hailsham of Saint Marylebone respectively. In 1999 and again in early 2026, some hereditary peers remained members of the House of Lords after receiving life peerages. As in 1999, the Lords ageed that the
“full ceremony of introduction”
was not necessary.

Peerage claims

Section 3
of the House of Lords (Hereditary Peers) Act 2026 abolished the jurisdiction of the House of Lords in relation to “claims” to hereditary peerages, including those in abeyance. The last peerage claim considered by a committee of the Lords was
Lord Moynihan in March 1997
.

The explanatory notes to the 2026 Act (while a bill) stated that the “intention” was for any “complex or disputed” peerage claims instead to be referred to the Judicial Committee of the Privy Council under
section 4
of the Judicial Committee Act 1833. This provision allows the Monarch to refer “any such other matters whatsoever as his Majesty shall think fit” to the Judicial Committee for “hearing or consideration”.

The College of Arms has guidance on
Peerage claims
, as does the
Court of the Lord Lyon
(the heraldic authority for Scotland) on
Succession to a Scottish Peerage
.

Life peerages

Peerages for life date back to the 14th century, when they were created under the royal prerogative. These were usually granted to women and were not connected with membership of the House of Lords. The first statutory life peerages allowed Lords of Appeal in Ordinary (Law Lords) to sit in the Upper House. Although
section 6
of the Appellate Jurisdiction Act 1876 has been repealed (following the creation of the Supreme Court), some former Law Lords remain members of the House of Lords.

Non-judicial life peerages, which allow the holder to sit in the House of Lords, were introduced under the
Life Peerages Act 1958
.

How is a life peer created?

The long-standing custom is that the Prime Minister advises the Monarch on the creation of life peers, although this is not specified in the 1958 Act. Counsellors of State, who act on behalf of an absent or ill Monarch in certain circumstances, are prohibited under
section 6
of the Regency Act 1937 from granting peerages.

Categories of nomination

There are several
different categories of nomination for life peerages
:

Direct ministerialthe Prime Minister can nominate someone to allow them to become a government minister (for example, Lord Cameron of Chipping Norton was created a life peer so he could serve as Foreign Secretary in 2023-24)

Party politicalthe Prime Minister can nominate members of the governing party to sit on their benches in the Upper House. When nominating members of other parties,
by convention the Prime Minister takes advice from the leaders of those parties
(the Scottish National Party does not nominate peers)

Dissolution honoursparties may make nominations after a dissolution of Parliament, often to those who are leaving the House of Commons

Resignation honoursan outgoing Prime Minister can nominate colleagues (including aides) for appointment as life peers

Public servicethe Prime Minister can make nominations for crossbench peerages
“based on their public service”

Crossbenchthe
House of Lords Appointments Commission
(HoLAC) considers self-nominations from individuals to become non-aligned peers, typically nominating two per year

Non-affiliatedrecent Prime Ministers have also nominated non-affiliated and minor party life peers

Office holderssome individuals are granted a peerage upon appointment or retirement (see below)

In each case, the numbers nominated are at the discretion of the Prime Minister and there is no legal limit. All nominations are
vetted by HoLAC to ensure high standards of propriety
but it cannot
veto a Prime Ministerial nomination
.

Nomination is only the beginning of an appointments process which can take several weeks.

Royal approval

All nominations must be submitted by the Prime Minister to the Monarch for approval. Initially, the Monarch informally approves a list of nominees, which is then announced on the Number 10 Downing Street website (in
Resignation
,
Dissolution
or
ad-hoc
Honours Lists).

These will state that the King
“has been graciously pleased to signify His intention of conferring Peerages of the United Kingdom for Life upon”
an individual or individuals. Nominees cannot yet call themselves “lord” (baron) or “lady” (baroness).

There can be a long period between the announcement of a nominee and their formal creation as a life peer. Ruth Davidson was listed in the
Dissolution Honours list published on 31 July 2020
but was not
created Baroness Davidson until 16 July 2021
. Dame Katherine Grainger was announced as a crossbench peer on 17 June 2025 but has not yet been created a life peer.

Agreement of style and title

At this stage, Number 10 will inform Garter King of Arms, the Monarch’s principal adviser on heraldry, who will then meet nominees at the
College of Arms
(the official heraldic authority for England, Wales and Northern Ireland) to agree a title. If the nominee has a Scottish surname or wishes to have a Scottish placename as part of their title, then Garter confers with the Court of the Lord Lyon (the heraldic authority for Scotland).

The Life Peerages Act 1958 provides that peers will “rank as a baron under such style as may be appointed by the letters patent”. “Style” means a new peer’s title.

Subject to
rules agreed in 1965
, a nominee agrees with Garter both the substantive title by which they will be known as a peer (frequently but not always their surname) and a territorial designation. If their substantive title is similar to that of another peer (either extant or extinct), they are required to qualify it by adding a place of an “appropriate size” (“of somewhere”) to the substantive title which is followed, after a comma, by the compulsory territorial designation. This territorial designation can sometimes be a place outside the UK.

Once agreed, Garter communicates the title and designation to the Prime Minister’s Office.

Formal approval of a new peerage

The Prime Minister then makes a formal submission to the King, that an individual be created a “Baron [or Baroness] for Life” by the “style and title” of whatever has been agreed. The King indicates his acceptance by writing “Approved” on this submission. By custom, approval is always granted.

A “giving effect” letter is then sent to the Crown Office, informing the
Clerk of the Crown in Chancery
of the King’s approval for the title and territorial description. This letter is a request from the Prime Minister that the “necessary steps” be taken to give effect to the King’s “commands”.

Letters Patent

The Crown Office is responsible for these necessary steps. A Royal Warrant (a legal document) is prepared and sent to Buckingham Palace (or another royal residence) for the King’s signature. This directs the Lord Chancellor (who countersigns the warrant in their capacity as Secretary of State for Justice) to seal the vellum Letters Patent with the Great Seal. The form of Letters Patent for life barons and baronesses is in the
schedule to The Crown Office (Forms and Proclamations Rules) Order 1992
.

Once this has been done, the new life peer has been “created” and can use their title for the first time. They also become a member of the House of Lords. If a new peer is also a sitting Member of the House of Commons, then their
seat is vacated
at this point.

New peerage creations
are recorded in The London Gazette
and added to the
Roll of the Peerage
.

Writ of summons

A new life peer, however, can only take their place in the House of Lords upon receiving a
writ of summons
from the Clerk of the Crown in Chancery. This writ (another legal document) acts as their “entry ticket” by calling the new peer to the Upper House.

A writ accompanies the Letters Patent for a new member, while a new writ is issued for every existing member of the Lords at the beginning of a new Parliament (following a general election).

Introduction of new peers to the Lords

The
Companion to the Standing Orders of the House of Lords
describes the introduction ceremony for a newly created peer. The peer (who carries their writ of summons) and two “supporters” (all wearing parliamentary robes) process from the Peers’ Lobby to the Lords Chamber with Black Rod and Garter (who carries the peer’s Letters Patent).

At the Bar of the House, each member of the procession bows in turn to the
Cloth of Estate
, which sits above the throne. Garter hands the new peer’s Letters Patent to the
Reading Clerk
, then the peer hands the same clerk their writ of summons. The Reading Clerk reads the Letters Patent and administers the oath of allegiance or the solemn affirmation of allegiance to the new peer. The peer then signs the
Test Roll
and an undertaking to abide by the House of Lords’
Code of Conduct
(this is a combined document).

The new peer and their supporters again bow to the Cloth of Estate. On proceeding to the Woolsack, the new peer shakes hands with the Lord Speaker and the Leader of the House. The procession then passes into the Prince’s Chamber, after which the new peer and one or both of their supporters return to the Lords Chamber (without robes) so that the peer can take their place on the red benches.

As with MPs, the first contribution of a newly introduced peer is called their maiden speech.

A new peer’s introduction can be delayed. Dame Ann Limb was on the
political peerages list
announced on 10 December 2025; she was
created Baroness Limb on 5 February 2026
and House of Lords Business for 26 February 2026 stated that she would be introduced on 10 March 2026. Baroness Limb is yet to be introduced. On 1 March,
she said
: “I will not be taking my seat in the Lords until matters relating to my previous voluntary roles are resolved.”

Can a peerage nomination be withdrawn?

The government has stated that there
“is no established precedent for withdrawing a peerage nomination after it has been announced”
.

There are, however, two cases of individuals asking for their nominations to be withdrawn. In 1922 the South African businessman Sir Joseph Robinson was nominated for a
hereditary barony in the King’s Birthday Honours List
. Following protests, Sir Joseph begged
“His Most Gracious Majesty’s permission to decline the proposal”
in a letter to the Prime Minister which was read in the House of Lords.

And in 1962, Sir Ian Horobin, a former Conservative MP, was announced as a life peer on 29 March 1962 but wrote to the Prime Minister (Harold Macmillan) on 12 April saying he could not undertake the work expected. Sir Ian asked Macmillan to
recommend that the Queen withdraw his name
from the list, to which she agreed.

Who can become a life peer?

In theory, any individual who is not otherwise disqualified can be nominated as a life peer or apply to become a life peer via HoLAC. By custom, meanwhile, several office holders are either granted a peerage upon their appointment or offered one following their departure from office. This practice is often inconsistent and those offered a peerage on their departure from an office are not obliged to accept. There have also been instances when a peerage has not been offered to a departing office holder. This includes the:

Archbishops of Canterbury and York (upon retirement)

Prime Minister (upon retirement from the House of Commons)

President of the Supreme Court (upon appointment, although they cannot sit in the Lords)

Lord Chief Justice for England and Wales (upon appointment, although they cannot sit in the Lords)

Monarch’s Private Secretary (upon retirement)

Governor of the Bank of England (upon retirement)

Cabinet Secretary (upon retirement)

Chief of the Defence Staff (upon retirement)

Speaker of the House of Commons (upon retirement)

In the case of former Commons Speakers, the House of Commons usually resolves that ‘an humble address’ be presented to the Monarch “praying” that they
“confer some signal mark”
of “Royal favour” upon the retiring Speaker for their services.

Privilege of the peerage

Privilege of peerage
, which is distinct from parliamentary privilege, belongs to all peers, even those who are not members of the House of Lords, and also to the wives of peers and widows of peers (provided they do not later marry commoners). Its surviving features are:

the right of access to the Sovereign at any time (although this does not appear to mean much in practice), and

freedom from arrest in civil matters (although this has arisen in only two cases since 1945)

All privilege of peerage is lost upon a disclaimer under section 1 of the Peerage Act 1963.

The Joint Committee on Parliamentary Privilege, which reported in 1999,
recommended the abolition of the privilege of peerage
.

Restrictions on peers

Peers with seats in the House of Lords (now only life peers) cannot elect Members of the House of Commons but can vote in local and devolved elections.

Members of the Lords can stand as candidates at a Scottish Parliament election but, if successful, have
14 calendar days to resign their membership
of the Lords or at that point they will automatically become disqualified from membership of the Scottish Parliament. If successfully elected to the Senedd (Welsh Parliament), peers must
already have leave of absence from the Lords
or have made an application which has not been withdrawn or refused. Peers are free to stand for
election to the Northern Ireland Assembly
and remain a member of both legislatures.

Resignation, disqualification and expulsion from the House of Lords

Under the House of Lords Reform Act 2014, a peer is disqualified from membership of the Upper House if they have:

resigned from the Lords (
section 1
)

ceased to be a member by virtue of not attending during a session lasting six months or more (
section 2
), or

been sentenced to imprisonment indefinitely or for more than one year (
section 3
)

A member giving notice of resignation must state the date on which the resignation is to take effect. To date, there have been 16 exclusions under section 2 but no cases of members leaving the Lords under section 3.
Section 2
of the House of Lords (Hereditary Peers) Act 2026 (and a new standing order
agreed on 14 April 2026
) provides for someone else to give notice of resignation on behalf of a peer “who lacks capacity”.

Under
section 1
of the House of Lords (Expulsion and Suspension) Act 2015, the House may pass a resolution to expel a member for misconduct. Lords
Standing Order 11
provides that this must follow a recommendation from the
Conduct Committee
after the member has been found in breach of the
Code of Conduct
in relation to their parliamentary duties. Those expelled do not receive a writ of summons and may not attend in pursuance of a writ already received. There have been no expulsions under this provision.

Under any of these scenarios, the peerage itself is not removed, only the peer’s right to attend the Lords.

Removal of peerage titles

At present, there is no mechanism by which a life peer may disclaim, surrender or return their peerage title. Nor does the Monarch possess a general power to remove a life peerage once conferred, in the way other honours awarded under the royal prerogative may be withdrawn.

On 3 February 2026, it was announced that the Prime Minister had asked officials to draft legislation which allowed Lord Mandelson’s peerage to be removed
“as quickly as possible”
. Sir Keir Starmer’s official spokesperson also referred to “a broader need for the House of Lords to be able to remove transgressors more quickly”.

On 9 February 2026, Darren Jones, the Chief Secretary to the Prime Minister, said the legislation would be brought forward
“very, very shortly”
, but the following day (10 February), Baroness Smith of Basildon, the Leader of the Lords, said it would
not be passed in the 2024-26 session
of Parliament. She added:

I think the Chief Secretary to the Prime Minister was saying that we want to move at pace on this, so that we have something that Members can look at. It is not something that we want to delay unduly, but it will go through the normal processes of Parliament. I have already given assurances to the noble Lord, Lord True, and other noble Lords that we will consult on this. It will not be a consultation that goes on for months and months, because we want to ensure that we have the legislation in place in good time, but there is a balance between working at pace and getting it right.

According to a report in The i Paper, the legislation (giving the House of Lords
“greater power to remove titles from peers they believe have brought the upper chamber into disrepute”
) will be included in the King’s Speech due on 13 May 2026.

History of peerage deprivation

Halsbury’s Laws of England
states that no peer “can be deprived of peerage except by or under the authority of an Act of Parliament”. The government
agrees with this legal position
. On 4 November 2025, the Cabinet Office minister Nick Thomas-Symonds stated in response to a parliamentary question that: “An Act of Parliament is required to remove a peerage once conferred.”

Writing on peerage law in 1907
, the legal scholar Francis Beaufort Palmer stated that “for an Act of Parliament to operate to take away or extinguish the dignity of a peerage the wording of the Act must be clear and precise”.

Until the 17th century it was generally accepted that an English peerage could be surrendered. Between 1232 and 1660
there were around 20 such cases
. However, the
Purbeck judgment of 1678
held that a peerage could not be surrendered under common law, something confirmed by the
Earldom of Norfolk case in 1907
. A peer of Scotland could
“resign his dignity into the hands of the Crown in order to extinguish it”
.

When peerages were purely hereditary,
removal was an extreme sanction
. Peers could be powerful regional magnates and the Monarch’s ability to remove peerages came to be seen as something requiring restraint by Parliament.

One route was the bill of attainder. Parliament could pass legislation declaring a (usually treasonous) peer guilty, depriving them not only of their title but also of their property and civil rights, and often their life. During the 18th century, several Scottish peerages were forfeited via acts of attainder following the Jacobite uprisings of 1715 and 1745. In many cases, these were restored by further acts of Parliament during the 19th century.

A more limited (but also legislative) alternative was the use of a specific act of Parliament to deprive individuals of their peerages. A notable example was the
Titles Deprivation Act 1917
, which created a mechanism to remove peerages from four individuals serving in the armed forces of Imperial Germany and Austria-Hungary.

Other proposed reforms

There is also currently no retirement age for life peers. The Labour manifesto for the 2024 general election proposed introducing a requirement that peers retire at the end of the Parliament in which they turn 80. A Lords Select Committee is to report by 31 July 2026 regarding
a retirement age and participation requirement
for members of the House of Lords.

Lists of peerage creations

For a list of UK peerage creations (life and hereditary) since 1801, see
UK peerage creations from 1801
. Additional lists show
life peerages created under the Life Peerages Act 1958
,
other peerages created since 1958
and
peerages conferred on women
. A list of
UK peerage creations from 1880
by administration is also available.

Footnotes