House of Commons Qualification Act 1838
Encyclopedia
The House of Commons Qualification Act 1838 (1 & 2 Vict. c. 48) was an Act of Parliament
in the United Kingdom
, signed into law on 27 July 1838.
It repealed the Qualification of Members of House of Commons Act 1759 and the Parliament Act 1710.
The Act provided that no person would be capable of being elected as a member of the House of Commons
for any county, unless he possessed an estate, or other income, of the clear annual value of £600 over and above any encumbrances. The same provision applied to members for cities or boroughs, and the Cinque Ports
, except that in these cases the income needed only be £300 per annum.
Candidates at elections were, if required, to declare to the returning officer (or a commissioner or a justice) that they possessed such estate; this would be certified under a penalty of £100 for a false declaration. If the declaration was found to be false on the advice of an informer, then they would obtain half the penalty.
Every member was to deliver a statement of qualification to the table of the House of Commons and make such a declaration before they could take their seat or vote; a false declaration would make them guilty of a misdemeanour.
If the member took his seat, or voted, before complying with the provisions of this Act, then his election would be considered void. The Act did not extend to the members for university constituencies, or to the eldest sons of peers.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, signed into law on 27 July 1838.
It repealed the Qualification of Members of House of Commons Act 1759 and the Parliament Act 1710.
The Act provided that no person would be capable of being elected as a member of the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
for any county, unless he possessed an estate, or other income, of the clear annual value of £600 over and above any encumbrances. The same provision applied to members for cities or boroughs, and the Cinque Ports
Cinque Ports
The Confederation of Cinque Ports is a historic series of coastal towns in Kent and Sussex. It was originally formed for military and trade purposes, but is now entirely ceremonial. It lies at the eastern end of the English Channel, where the crossing to the continent is narrowest...
, except that in these cases the income needed only be £300 per annum.
Candidates at elections were, if required, to declare to the returning officer (or a commissioner or a justice) that they possessed such estate; this would be certified under a penalty of £100 for a false declaration. If the declaration was found to be false on the advice of an informer, then they would obtain half the penalty.
Every member was to deliver a statement of qualification to the table of the House of Commons and make such a declaration before they could take their seat or vote; a false declaration would make them guilty of a misdemeanour.
If the member took his seat, or voted, before complying with the provisions of this Act, then his election would be considered void. The Act did not extend to the members for university constituencies, or to the eldest sons of peers.