House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

69

House of Commons

Tuesday 3 July 2012

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Enterprise and Regulatory Reform Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [19 June 2012]

Mr Iain Wright

Ian Murray

Chi Onwurah

18

Clause  13,  page  11,  line  13,  at end insert—

‘(11)
Any money paid by an employer purporting to meet a liability to pay a penalty

under this section shall be treated instead as payment of any financial award on a

claim against that employer to the extent that any such award has not been paid.’.

Fiona O’Donnell

19

Clause  13,  page  11,  line  13,  at end insert—

‘(11)
All monies in respect of financial penalties collected under this section shall be

hypothecated directly to ACAS.’.

Public Bill Committee: 3 July 2012
70

Enterprise and Regulatory Reform Bill, continued

Mr Iain Wright

Ian Murray

Chi Onwurah

68

Clause  13,  page  11,  line  13,  at end add—

‘(11)
The Secretary of State may by order establish a mechanism for the enforcement

of unpaid employment tribunal awards and ACAS settlements by HM Revenue

and Customs.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

69

Clause  14,  page  11,  line  20,  at end add—

‘(2)
In section 43B of the Employment Rights Act 1996 (disclosures qualifying for

protection), in subsection (1)(b), after “any legal obligation to which that person

is subject,”, insert “other than a private contractual obligation which is owed

solely to that worker.”.’.

Norman Lamb

2

Clause  17,  page  12,  line  21,  at end insert—

‘(1A)
Section [Confidentiality of negotiations before termination of employment] does

not apply to any offer made or discussions held before the commencement of that

section.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

70

Clause  18,  page  12,  line  38,  after ‘the’, insert ‘long-term’.

Mr Iain Wright

Ian Murray

Chi Onwurah

73

Schedule  4,  page  60,  line  22,  at end insert—

  ‘(1A)
The Chair shall be subject to approval by a Select Committee of Parliament.’.

Public Bill Committee: 3 July 2012
71

Enterprise and Regulatory Reform Bill, continued

Mr Iain Wright

Ian Murray

Chi Onwurah

71

Schedule  4,  page  60,  line  27,  after ‘one’, insert ‘and no more than three’.

Mr Iain Wright

Ian Murray

Chi Onwurah

72

Schedule  4,  page  60,  line  35,  at end insert—

    ‘(8)
Of the persons appointed to membership of the CMA Board under sub-

paragraph (1)(b) at least one must be a member of the Consumer Focus board

or other representative of consumers as designated by the Secretary of State.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

74

Schedule  4,  page  61,  line  26,  at end insert—

    ‘(4)
No member of the CMA shall receive remuneration that is more than 20 times

that of another member of the CMA.

      (5)
No person shall hold any position set out in sub-paragraph 1(1) and sub-

paragraph 9(1) (the “chief executive”) for longer than a period of six months

without being in the direct employment of the CMA.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

75

Schedule  4,  page  62,  line  11,  at end insert—

  ‘(2A)
The Chief Executive shall be subject to approval by a Select Committee of

Parliament.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

78

Schedule  4,  page  62,  line  31,  at end insert—

‘11A
The CMA is to have a unit dedicated to matters affecting competition issues

amongst small and medium-sized enterprises.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

76

Schedule  4,  page  62,  line  38,  after ‘financial’, insert ‘and human’.

Public Bill Committee: 3 July 2012
72

Enterprise and Regulatory Reform Bill, continued

Mr Iain Wright

Ian Murray

Chi Onwurah

77

Schedule  4,  page  62,  line  39,  at end insert—

‘(c)
set out the consumer benefit which will be achieved as a result of the

objectives and priorities as set out in 2(a).’.

Mr Iain Wright

Ian Murray

Chi Onwurah

79

Schedule  4,  page  62,  line  40,  at end add ‘and brought to the attention of the relevant

select committee.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

80

Schedule  4,  page  63,  line  23,  after ‘financial’, insert ‘and human’.

Mr Iain Wright

Ian Murray

Chi Onwurah

81

Schedule  4,  page  63,  line  26,  at end insert—

‘(f)
an assessment of the consumer benefit realised during the year;

(g)
an assessment of the level of organisational separation between first

and second phase activities in the CMA;

(h)
an assessment of the performance of each of the sector regulators in

using their competition powers to address competition issues in their

sector and any barriers identified.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

82

Schedule  4,  page  63,  line  26,  at end insert—

(i)
an assessment of the adequacy of staff skills in relation to the

performance of the CMA’s functions;

(j)
an estimate of the resource needed adequately to perform its functions

for the two financial years following the year in which the annual

report in 14(1) refers.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

84

Schedule  4,  page  63,  line  26,  at end insert—

  ‘(2A)
The first annual report of the CMA following Royal Assent must include an

assessment of transition costs in both financial and competition terms.’.

Public Bill Committee: 3 July 2012
73

Enterprise and Regulatory Reform Bill, continued

Mr Iain Wright

Ian Murray

Chi Onwurah

83

Schedule  4,  page  64,  line  27,  at end insert—

‘Consumer research

16A(1)
The CMA must make arrangements for ascertaining—

(a)
the state of public opinion about the manner in which financial

services are provided to consumers;

(b)
the experiences of consumers in relation to the provision of financial

services;

(c)
the experiences of such consumers in relation to the handling, by

institutions within the financial services sector, of complaints made to

them by such consumers;

(d)
the experiences of such consumers in relation to the resolution of

disputes with institutions within the financial services sector; and

(e)
the interests and experiences of such consumers in relation to other

matters that are incidental to, or are otherwise connected with, their

experiences of the provision of financial services or of the availability

of associated facilities.

      (2)
The CMA shall consult with concurrent regulators where necessary.

      (3)
The CMA shall publish the conclusions from research carried out under

section (1) every two years.

      (4)
The CMA shall produce a report stating its conclusions and any

recommendations from section (1) to the Secretary of State every 2 years.

      (5)
The Secretary of State shall publish a response to the report within 60 days.

      (6)
Arrangements made by the CMA for the purposes of this section may include

arrangements for the carrying out of research in one or more of the following

ways—

(a)
by members or employees of the CMA;

(b)
by persons who are neither members nor employees of the CMA.

      (7)
This section does not restrict the CMA’s power to make any arrangements they

consider to be incidental or conducive to the carrying out of any of their

functions.

16B(1)
The CMA must make arrangements for ascertaining—

(a)
the level of competition in the financial services sector; and

(b)
the effects of the competition environment in the financial services

sector on

(i)
the availability of finance to small and medium-sized

enterprises;

(ii)
the availability of finance to high growth businesses;

(iii)
the availability of finance to businesses in general.

      (2)
The CMA shall consult with concurrent regulators where necessary.

      (3)
The CMA shall publish the conclusions from research carried out under

section (1) every two years.

      (4)
The CMA shall produce a report stating its conclusions and any

recommendations from section (1) to the Secretary of State every two years.

      (5)
The Secretary of State shall publish a response to the report within 60 days.

Public Bill Committee: 3 July 2012
74

Enterprise and Regulatory Reform Bill, continued

      (6)
Arrangements made by the CMA for the purposes of this section may include

arrangements for the carrying out of research in one or more of the following

ways—

(a)
by members or employees of the CMA;

(b)
by persons who are neither members nor employees of the CMA.

      (7)
This section does not restrict the CMA’s power to make any arrangements they

consider to be incidental or conducive to the carrying out of any of their

functions.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

90


Schedule  4,  page  67,  line  24,  at end insert—

  ‘(2A)
No person who participated in the CMA Board’s consideration of whether to

refer the matter to the chair shall form part of a group selected by the chair to

investigate the matter.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

85

Schedule  4,  page  68,  line  19,  at end insert—

‘(f)
at least three persons (“specialist consumer competition panel

members”) appointed to the CMA panel under paragraph 1(1)(b) for

the purpose of being available for selection as members of a group

constituted to carry out specialist consumer competition welfare

functions on behalf of the CMA;

(g)
at least three persons (“specialist financial competition panel

members”) appointed to the CMA panel under paragraph 1(1)(b) for

the purpose of being available for selection as members of a group

constituted to carry out specialist financial services competition

functions on behalf of the CMA.’.

Norman Lamb

21

Schedule  5,  page  79,  line  39,  leave out paragraph 32 and insert—

‘32(1)
Section 52 (advice and information) is amended as follows.

      (2)
In subsection (1), for the words from the beginning to “the Director” substitute

“The CMA”.

      (3)
In subsection (1A), for the words from the beginning to “the OFT” substitute

“The CMA”.

      (4)
In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs)

substitute “CMA”.’.

Norman Lamb

22

Schedule  5,  page  81,  line  29,  at end insert—

‘
In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph

5(3)(a), for “Director” substitute “CMA”.’.

Public Bill Committee: 3 July 2012
75

Enterprise and Regulatory Reform Bill, continued

Norman Lamb

23

Schedule  5,  page  87,  leave out line 28.

Norman Lamb

24

Schedule  5,  page  89,  line  12,  at end insert—

‘( )
after “(6)” insert “—

(a)
”.’.

Norman Lamb

25

Schedule  5,  page  89,  line  13,  at end insert ‘, and

( )
at the end insert “; and

(b)
for the purposes of section 34C, the group constituted

in consequence of the reference under section 45 is to

be treated as if it were constituted in consequence of

a reference under section 22 or (as the case may be)

33.”’.

Mr Iain Wright

Ian Murray

Chi Onwurah

88

Clause  21,  page  17,  line  38,  at end insert—

‘(13)
No member involved in the decision making process shall have taken any part in

the phase one investigation.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

61

Schedule  12,  page  188,  line  4,  at end insert—

‘(d)
the resources which will be assigned to the market study.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

62

Schedule  12,  page  188,  line  35,  leave out ‘6’ and insert ‘3’.

Mr Iain Wright

Ian Murray

Chi Onwurah

65

Schedule  12,  page  188,  line  35,  leave out ‘6’ and insert ‘12’.



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