Chiltern Hundreds
Encyclopedia
Appointment to the office of Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and Burnham is a sinecure
appointment which is used as a device allowing a Member of the United Kingdom Parliament
(MP) to resign his or her seat. MPs cannot outright resign their seats; appointment to this position by the Chancellor of the Exchequer
places the MP in a salaried position under the monarch, against the rules of Parliament. The MP's seat is therefore revoked and the MP has effectively resigned. The office is allocated in rotation with that of Steward and Bailiff of the Manor of Northstead
.
, and the three hundreds of Stoke
, Desborough
, and Burnham
are in Buckinghamshire
. These three hundreds are situated in the hilly, wooded Chiltern Hills
, which were once notorious as a hiding place for robbers. The hundreds have been Crown property since at least the 13th century and a Crown Steward and a Bailiff
was appointed to maintain law and order in the area. As the area became more civilised, the position's duties ceased to be required in the 16th century, and the holder ceased to gain any benefits during the 17th century.
, as British MPs are not permitted simply to resign their seat. This legal anomaly dates back to a resolution of the House of Commons of 2 March 1624, passed at a time when MPs were often elected to serve against their will.
As an instrument of resignation, the role is usually alternated with that of Steward and Deputy Steward of the Manor of Northstead
in Yorkshire
. Under the Act of Settlement
, any Member of Parliament accepting an office of profit
under the Crown must give up his or her seat. An MP applies for the office to the Chancellor of the Exchequer
, who usually then signs a warrant appointing the now former MP. The appointee holds the office until such time as another MP is appointed, or they apply to be released. Sometimes this can be a matter of minutes, as on the occasion when three or more MPs apply on the same day.
, the former Labour
Member of Parliament for Barnsley Central, who resigned on 8 February 2011 shortly before he was due to be sentenced on three counts of false accounting as part of the United Kingdom Parliamentary expenses scandal
.
Once the Speaker has been notified, the appointment and resulting disqualification is noted in the Vote and Proceedings, the Commons' daily journal of proceedings:
Thereafter, the former MP's party (or the Government if she was an independent or her party has no other MPs) moves for a writ of election
to be issued calling a by-election
. The resulting order is in the following form:
Sinecure
A sinecure means an office that requires or involves little or no responsibility, labour, or active service...
appointment which is used as a device allowing a Member of the United Kingdom Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MP) to resign his or her seat. MPs cannot outright resign their seats; appointment to this position by the Chancellor of the Exchequer
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
places the MP in a salaried position under the monarch, against the rules of Parliament. The MP's seat is therefore revoked and the MP has effectively resigned. The office is allocated in rotation with that of Steward and Bailiff of the Manor of Northstead
Manor of Northstead
The Manor of Northstead was once a collection of fields and farms in the parish of Scalby in the North Riding of Yorkshire in England. By 1600, the manor house had fallen into disrepair and was occupied only by a shepherd. At present the Manor is part of the Barrowcliff area of the town of...
.
Origin of the office
A hundred is a traditional division of an English countyCounties of England
Counties of England are areas used for the purposes of administrative, geographical and political demarcation. For administrative purposes, England outside Greater London and the Isles of Scilly is divided into 83 counties. The counties may consist of a single district or be divided into several...
, and the three hundreds of Stoke
Stoke (hundred)
Stoke Hundred is a hundred in Buckinghamshire, England. It is situated in the south of the county and is bounded on the east by Middlesex and on the south by Berkshire.-History:...
, Desborough
Desborough (hundred)
Desborough Hundred is a hundred in Buckinghamshire, England. It is situated in the south of the county and is bounded on the west by Oxfordshire and on the south the River Thames marked the boundary with Berkshire.-History:...
, and Burnham
Burnham, Buckinghamshire
Burnham is a village and civil parish that lies north of the River Thames in the South Bucks District of Buckinghamshire, and sits on the border with Berkshire, between the towns of Maidenhead and Slough. It is served by Burnham railway station in the west of Slough on the main line between London...
are in Buckinghamshire
Buckinghamshire
Buckinghamshire is a ceremonial and non-metropolitan home county in South East England. The county town is Aylesbury, the largest town in the ceremonial county is Milton Keynes and largest town in the non-metropolitan county is High Wycombe....
. These three hundreds are situated in the hilly, wooded Chiltern Hills
Chiltern Hills
The Chiltern Hills form a chalk escarpment in South East England. They are known locally as "the Chilterns". A large portion of the hills was designated officially as an Area of Outstanding Natural Beauty in 1965.-Location:...
, which were once notorious as a hiding place for robbers. The hundreds have been Crown property since at least the 13th century and a Crown Steward and a Bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
was appointed to maintain law and order in the area. As the area became more civilised, the position's duties ceased to be required in the 16th century, and the holder ceased to gain any benefits during the 17th century.
Usage
The position of Crown Steward and Bailiff of the Chiltern Hundreds is now used as a procedural device to effect resignation from the House of CommonsResignation from the British House of Commons
Members of Parliament sitting in the House of Commons in the United Kingdom are technically forbidden to resign. To circumvent this prohibition, a legal fiction is used...
, as British MPs are not permitted simply to resign their seat. This legal anomaly dates back to a resolution of the House of Commons of 2 March 1624, passed at a time when MPs were often elected to serve against their will.
As an instrument of resignation, the role is usually alternated with that of Steward and Deputy Steward of the Manor of Northstead
Manor of Northstead
The Manor of Northstead was once a collection of fields and farms in the parish of Scalby in the North Riding of Yorkshire in England. By 1600, the manor house had fallen into disrepair and was occupied only by a shepherd. At present the Manor is part of the Barrowcliff area of the town of...
in Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
. Under the Act of Settlement
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
, any Member of Parliament accepting an office of profit
Office of profit
An office of profit is a term used in a number of national constitutions to refer to executive appointments. A number of countries forbid members of the legislature from accepting an office of profit under the executive as a means to secure the independence of the legislature and preserve the...
under the Crown must give up his or her seat. An MP applies for the office to the Chancellor of the Exchequer
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
, who usually then signs a warrant appointing the now former MP. The appointee holds the office until such time as another MP is appointed, or they apply to be released. Sometimes this can be a matter of minutes, as on the occasion when three or more MPs apply on the same day.
Current holder
The last appointment to the office was that of Eric IllsleyEric Illsley
Eric Evlyn Illsley is a former British politician who was the Member of Parliament for Barnsley Central from 1987 until 2011. He was a Labour Party representative until suspended from the party after being charged with false accounting as part of the United Kingdom Parliamentary expenses scandal,...
, the former Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
Member of Parliament for Barnsley Central, who resigned on 8 February 2011 shortly before he was due to be sentenced on three counts of false accounting as part of the United Kingdom Parliamentary expenses scandal
United Kingdom Parliamentary expenses scandal
The United Kingdom parliamentary expenses scandal was a major political scandal triggered by the leak and subsequent publication by the Telegraph Group in 2009 of expense claims made by members of the United Kingdom Parliament over several years...
.
Example notices and orders
When an MP is appointed to the post, the Treasury releases a public notice such as the following: "The Chancellor of the Exchequer has this day appointed Ian Gibson to be Steward and Bailiff of the Three Hundreds of Chiltern."Once the Speaker has been notified, the appointment and resulting disqualification is noted in the Vote and Proceedings, the Commons' daily journal of proceedings:
Notification, laid upon the Table by the Speaker, That Mr Chancellor of the Exchequer had today appointed Mrs Iris Robinson, Member for Strangford, to the office of Steward and Bailiff of the Three Hundreds of Chiltern.
Thereafter, the former MP's party (or the Government if she was an independent or her party has no other MPs) moves for a writ of election
Writ of election
A writ of election is a writ issued by the government ordering the holding of a special election for a political office.In the United Kingdom and in Canada, this is the only way of holding an election for the House of Commons...
to be issued calling a by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
. The resulting order is in the following form:
Ordered,
That Mr. Speaker do issue his Warrant for the Clerk of the Crown to make out a new writ for the electing of a Member to serve in this present parliament for the County Constituency of Haltemprice and Howden in the room of the Right Honourable David Michael Davis, who since his election for the said County Constituency has accepted the Office of Steward or Bailiff of Her Majesty's Three Chiltern Hundreds of Stoke, Desborough and Burnham in the County of Buckingham.