The Act resulted largely from the protests of Labour politician Tony Benn, then the 2nd Viscount Stansgate.

Tony Benn, his younger brother, became heir apparent to the peerage and was elected to the House of Commons in 1950.

In 1960, the 1st Viscount died and Tony Benn inherited the title, automatically losing his seat in the House of Commons as a member for the constituency of Bristol South East.

An election court ruled that he could not take his seat, instead awarding it to the runner-up, the Conservative Malcolm St Clair.

St Clair, fulfilling a promise he had made at the time of taking his seat, accepted the office of Steward of the Manor of Northstead the previous day,[4] thereby disqualifying himself from the House (outright resignation is prohibited), and Benn was then re-elected in Bristol South East at the ensuing by-election.

The peerage remains without a holder until the death of the peer who had made the disclaimer, whereupon it descends to his or her heir in the usual manner.

The one-year window after the passage of the Act soon proved to be of importance at the highest levels of British politics, after the resignation of Harold Macmillan as Prime Minister in October 1963.

The 2nd Viscount Hailsham and the 14th Earl of Home took advantage of the Act to disclaim their peerages, despite having inherited them in 1950 and 1951 respectively.