When is parliament dissolved?

Following the repeal of the 2011 Fixed-term Parliaments Act (FTPA) in 2022 (by the Dissolution and Calling of Parliaments Act 2022), the latest that any parliament can be dissolved is “the beginning of the day that is the fifth anniversary of the day on which it first met”, with the election to be held 25 working days after that. This means that the latest an election could be held is in January 2025.

However, the government also has the ability to dissolve parliament and seek an election earlier than this, if it wishes.

This effectively means that the system for dissolving parliament and calling elections that was in place before passage of the 2011 FTPA has been restored.

While the Fixed-term Parliaments Act 2011 was in place, it required parliament to be dissolved at the beginning of the 25th working day before a general election. It stated that parliament could not be dissolved at any other time.

The Act also governed when general elections could take place. Ordinarily, general elections would be held every five years. It was only possible for an early election to be held if either:

• two thirds of MPs agree to a motion for an early election, or
• MPs vote down a government in a formal vote of no confidence under the FTPA and do not pass a vote of confidence in a government within 14 calendar days.

During the period in which the FTPA was in place, early elections took place in 2017 (when two thirds of MPs agreed a motion for an early election) and in 2019 (when MPs passed a piece of primary legislation allowing an early election).

Parliament may also be prorogued before it is ‘dissolved’ prior a general election, to wrap up parliamentary business early and allow MPs to focus on the election campaign. If parliament has been dissolved, it cannot then be prorogued, as there is no longer a parliament to be suspended.

Who decides when parliament is dissolved?

Following repeal of the FTPA, the ability to dissolve parliament is once again a royal prerogative, exercised on the advice of the prime minister. This means that the prime minister can ‘request’ a dissolution at a time of their choosing, though it must be within five years of the last general election.

Under the FTPA, the prime minister’s ability to call an election at a time of their choosing was removed. While the Act was in force, triggering an early election required the government to either get two thirds majority support in a parliamentary vote, or introduce a bill which by-passed the FTPA.

What does dissolution mean for MPs?

When parliament is dissolved, every seat in the House of Commons becomes vacant. This means there are no longer any MPs. Those who were MPs before dissolution cease to represent their constituents and lose access to parliamentary facilities and resources. They no longer refer to themselves as Members of Parliament.

The Speaker’s parliamentary seat also becomes vacant, and they must stand for re-election as an MP. However, by convention, the ‘Speaker seeking re-election’ stands unopposed by the main political parties.