Nigel Farage has announced he will resign as an MP and stand again in a by-election in the Essex constituency of Clacton-on-Sea he has represented since July 2024.
Here the Press Association details the process MPs must go through to resign, explains why the arrangements were put in place and highlights potential outcomes.
– What principle in parliamentary law comes into effect when an MP confirms their resignation?
The process an MP must go through to resign is not as simple as leaving normal employment because of a rule established 400 years ago.
This law dictates an MP is elected to serve for a whole Parliament, meaning they cannot in principle resign their seat, but can choose not to stand at a general election.
The rule was established by a resolution approved by the House of Commons on March 2, 1623, with the requirement now understood as a settled principle of parliamentary law.
– Why was the rule put in place at the time?
The Hansard Society said the rule emerged at a time of political turbulence and growing friction between Parliament and the Crown.
During the period, MPs who fell foul of the monarchy could be executed in a worst case scenario, with some choosing to resign rather than face the jeopardy of a confrontation with the king.
But there were concerns in Parliament that allowing easy resignations would expose MPs to royal pressure and undermine the independence of the Commons.
Therefore, it was concluded that preventing resignations would protect Parliament’s authority.
Later, in December 1680, Parliament moved to further bolster its independence by ruling an MP who accepted a paid job, originally described as a “office of profit”, from the Crown would automatically lose their seat.
– So how can MPs resign?
The resolutions referenced above have never been repealed, but the latter measure has led to arrangements being put in place for MPs’ resignations during a Parliament.
An MP wishing to resign from his position, or trigger a by-election and stand again, must write to the Chancellor requesting an appointment to one of two offices of profit.
This requirement is entirely ceremonial and does not involve payments of any kind.
The two offices of profit are alternated to allow for two MPs resigning around the same.
The Chancellor can refuse to formally approve the appointment, but such requests are accepted as a matter of convention.
On approval, a letter is then sent by the Chancellor to the MP in question, without the suffix after their name, to confirm their appointment.
The Office of the Speaker, the Government and opposition whips are also informed.
The disqualification of the MP will be recorded in the votes and proceedings of the Commons, but not in Hansard as there would have been no formal statement or debate to record.
The MP’s former seat then becomes vacant, leaving constituents without representation in Parliament.
– Can an MP who has resigned still face an investigation by the Parliamentary Standards Commissioner?
This depends on the Chancellor’s response to the request for appointment to an office of profit.
As previously stated, the Chancellor can, in theory, deny the request.
The process could also be delayed to enable the probe to conclude, but once the request is approved and the letter is signed a vacancy in the constituency will be confirmed.
– What are the two offices of profit?
Known as the Chiltern Hundreds, the area broadly aligns with the county of Buckinghamshire, including the towns of Amersham, High Wycombe and Eton.
Its full title is The Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and Burnham.
While an appointee administered the royal “balliwick” on behalf of the Crown from the 13th century, the office had ceased to have any notable duties or income by the 17th century.
The Chiltern Hundreds were first used in the process of a resignation from the Commons in 1751, when John Pitt chose to vacate his seat of Wareham to stand for election in Dorchester.
The second office of profit, the Crown Steward and Bailiff of the Manor of Northstead, is described as a much poorer estate near Scalby, a village near Scarborough in North Yorkshire.
According to the Hansard Society, historians describe the manor’s main property in 1600 as little more than a “an old chamber… a low house under it, unfit for habitation”.
The area was first used for an MP’s resignation in 1844.
– When and how will a by-election be formally confirmed?
For a writ to be issued confirming a by-election, a motion must be passed by the Commons instructing the Speaker to issue a warrant to the Clerk of the Crown in Chancery to issue a writ confirming the by-election to the returning officer in the constituency.
This position is the permanent secretary in the Ministry of Justice, currently occupied by Jo Farrar.
The initial Commons motion is conventionally moved by the chief whip of the party of the outgoing MP, enabling them to set the timing of the by-election.
The Hansard Society points out that convention could be ignored, and one of the other party whips may attempt to move the motion for the writ.
But in the current situation, the timing could be determined by the limited amount of sitting days before the start of the summer recess on July 17.
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