How does an MP leave office?
Leaving at a general election
Most MPs leave office at a general election, either through choice – by standing down - or through electoral defeat.
MPs are elected to serve for the duration of a Parliament - up to five years. At the end of the Parliament, every sitting MP loses their seat automatically so that a new House of Commons can be elected at a general election.
Some sitting MPs choose to stand again for re-election, while some may decide to leave permanently (stand down). Only those who stand again and who are successfully re-elected will re-take their seats and continue to serve as MPs in the new Parliament.
- More information about the dissolution of Parliament is at: Dissolution of Parliament
Sitting MPs who decide to stand down at the general election will often announce this in advance, toward the end of the Parliament, to allow time for a replacement candidate to be found by local party members.
- A list of MPs who announced they were standing down at the 2024 general election can be seen at: MPs not standing in the 2024 General Election - House of Commons Library
Those that do decide to stand again for election, but are not successful, do not return as MPs. They remain as ordinary members of the public and their offices, staff and any ongoing casework must be wound up swiftly.
- Guidance for MPs winding-up their offices after a general election is issued by IPSA [Independent Parliamentary Standards Authority]. See: MPs leaving Parliament | IPSA
Former MPs can choose to try for re-election again in future parliamentary elections.
Leaving between general elections: Can an MP resign?
Because, by law, an MP is elected to serve for a whole Parliament, they may not simply retire from the post at other times.
Instead, an MP who wishes to resign their seat before the end of a Parliament can choose to disqualify themself by being appointed to an ‘office of profit under the Crown’.
There are two historic offices that have been preserved solely for this purpose:
- the Crown Steward and Bailiff of the Chiltern Hundreds and
- the Crown Steward and Bailiff of the Manor of Northstead
These honorary titles no longer come with responsibilities or a salary. The retired MP simply holds one or the other of these titles until it is required by the next MP wishing to retire. For this reason, an MP who steps down between elections is often described as “taking the Chiltern Hundreds”.
More information about how MPs may resign their seat is given in the House of Commons Library briefing: Resignation from the House of Commons
Can an MP be suspended or removed from office?
The House of Commons has the power to suspend an MP. Suspension can last for one day or for a specific number of days. In the past, MPs have been suspended for one of three main reasons:
- misbehaviour in the chamber.
- the MP has been found to have broken the Code of Conduct for Members or committed a contempt of Parliament.
- the suspension was recommended as a sanction by the Independent Expert Panel.
More information about how an MP may be suspended from the House of Commons, including a list of past suspensions, is available in the House of Commons Library briefing: MPs who have withdrawn from the Commons Chamber or who have been suspended
MPs and custodial sentences
Like any other UK resident, MPs are subject to UK criminal law. However, a sitting MP who is convicted of a crime and receives a custodial sentence may face a further sanction.
- Any MP who receives a custodial sentence of one year or more, which is not overturned on appeal, is immediately disqualified from serving as an MP and loses their seat.
- If an MP is convicted of a crime and receives a custodial sentence of less than a year, and this is not overturned on appeal, a ‘recall petition’ is triggered in their constituency. If the petition is successful, the MP immediately loses their seat and a by-election is held in that constituency to fill the vacancy.
What is a recall petition?
A recall petition is the process by which voters can remove their MP from the House of Commons between elections.
Voters in the relevant constituency have six weeks to sign a petition saying they want their MP to lose their seat. If at least ten percent of voters in the constituency sign the petition, the MP will lose their seat and a by-election will be held. The recalled MP can stand as a candidate at the by-election. If fewer than ten percent of voters in the constituency sign the petition, the MP remains in post.
What can trigger a recall petition?
A recall petition can be triggered when:
- an MP is convicted of a crime and receives a custodial sentence of less than a year, and this is not overturned on appeal
- the House decides to suspend an MP for at least 10 sitting days (or 14 days if sitting days are not specified)
- an MP is convicted of the offence of making false or misleading Parliamentary allowances claims.
More information about the recall process and how it has worked in practice is given in the House of Commons Library briefing: Recall elections