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Peerage Act 1963

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This is the original version (as it was originally enacted).

1Disclaimer of certain hereditary peerages.

(1)Subject to the provisions of this section, any person who, after the commencement of this Act, succeeds to a peerage in the peerage of England, Scotland, Great Britain or the United Kingdom may, by an instrument of disclaimer delivered to the Lord Chancellor within the period prescribed by this Act, disclaim that peerage for his life.

(2)Any instrument of disclaimer to be delivered under this section in respect of a peerage shall be delivered within the period of twelve months beginning with the day on which the person disclaiming succeeds to that peerage or, if he is under the age of twenty-one when he so succeeds, the period of twelve months beginning with the day on which he attains that age; and no such instrument shall be delivered in respect of a peerage by a person who has applied for a writ of summons to attend the House of Lords in right of that peerage.

(3)The foregoing provisions of this section shall apply to a person who has succeeded to a peerage before the commencement of this Act as they apply to a person who succeeds to a peerage after the commencement of this Act, but subject to the following modifications:—

(a)the period within which an instrument of disclaimer may be delivered by such a person shall be twelve months beginning with the commencement of this Act or, if he is then under twenty-one years of age, twelve months beginning with the day on which he attains that age; and

(b)an instrument of disclaimer may be delivered by such a person notwithstanding that he has applied before the commencement of this Act for a writ of summons to attend the House of Lords.

(4)In reckoning any period prescribed by this section for the delivery of an instrument of disclaimer by any person no account shall be taken of any time during which that person is shown to the satisfaction of the Lord Chancellor to have been subject to any infirmity of body or mind rendering him incapable of exercising or determining whether to exercise his rights under this section.

(5)The provisions of Schedule 1 to this Act shall have effect with respect to the form of instruments of disclaimer under this section, and the delivery, certification and registration of such instruments.

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