Recess Elections Act 1975

If a seat in the House of Commons becomes vacant a by-election is held to fill the seat. Normally a by-election is called when the House of Commons is sitting, and it agrees a motion that a writ is issued to start the by-election process.

In some limited circumstances a by-election can be triggered when the House of Commons is in recess.

These provisions are contained in the Recess Elections Act 1975. A recess by-election can be triggered when a seat is vacated by:

• Death
• An MP becomes a member of the House of Lords
• An MP accepting a disqualifying office
• Bankruptcy

Recess by-elections cannot be held if an MP resigns (by accepting one of the disqualifying offices of the Chiltern Hundreds or Manor of Northstead). They also cannot be held if an MP loses their seat after being unseated by a recall petition or if they are disqualified because they have been convicted of a crime and imprisoned for more than a year.