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.
Disclaimer by members of the House of Commons and parliamentary candidates. 2.—(1) Where a person who succeeds to a peerage to which section 1 of this Act applies is a member of the House of Commons when he so succeeds, any instrument of disclaimer to be delivered by him under that section in respect of that peerage shall be delivered within the period of one month beginning with the date of his succession, and not later; and until the expiration of that period he shall not, by virtue of that peerage, be disqualified for membership of the House of Commons whether or not he has delivered such an instrument:
Provided that—
- (a) a person who is exempt from disqualification for membership of the House of Commons by virtue only of this subsection shall not sit or vote in that House while so exempt; and
- (b) if any such person applies for a writ of summons to attend the House of Lords in right of the peerage in question, this subsection shall cease to apply to him.
