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| | | (i) | its decision and the reasons for its decision; and |
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| | | (ii) | such information as the CMA considers appropriate for |
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| | | facilitating a proper understanding of the reasons for its |
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| | | |
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| | | |
| | Clause 27, page 23, line 13, leave out ‘contained in the market study report |
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| | |
| | |
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| | Clause 27, page 23, line 20, leave out ‘section 131B’ and insert ‘this Part’. |
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| | |
| | | |
| | Clause 27, page 23, line 23, leave out ‘contained in the market study report’. |
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| | |
| | | |
| | Clause 27, page 23, line 37, leave out ‘market study report concerned contains the |
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| | decision of the CMA’ and insert ‘decision of the CMA was’. |
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| | |
| | | |
| | Clause 27, page 23, line 40, leave out ‘report contains the decision of the CMA’ |
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| | and insert ‘decision of the CMA was’. |
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| | |
| | | |
| | Clause 27, page 23, line 43, at beginning insert ‘In a case falling within subsection |
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| | | |
| | Clause 27, page 23, line 45, at end insert— |
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| | | ‘( ) | In a case falling within subsection (1A), the Secretary of State shall publish the |
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| | | document given to the Secretary of State by the CMA under subsection (2)(c), at |
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| | | the same time as the Secretary of State makes a reference under this section.’. |
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| | |
| | |
| | | |
| | Schedule 10, page 172, line 8, after ‘notice’, insert ‘or (as the case may be) the |
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| | consultation under section 169’. |
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| | |
| | | |
| | Schedule 10, page 172, line 10, after ‘notice’, insert ‘or (as the case may be) on |
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| | which the process of consultation began’. |
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| | |
| | | |
| | Schedule 10, page 172, line 38, after 140A(2)’ insert ‘(b)’. |
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| | |
| | | |
| | Schedule 10, page 172, line 41, at end insert— |
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| | | ‘(4BA) | Subsection (4C) also applies in a case where— |
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| | | (a) | an intervention notice ceases to be in force in accordance with subsection |
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| | | |
| | | (b) | the CMA has, before the time at which the notice ceases to be in force— |
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| | | (i) | decided that it should make an ordinary reference or a cross- |
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| | | market reference under section 131 in relation to the matter |
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| | | |
| | | (ii) | given a document containing its decision, the reasons for it and |
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| | | such information as the CMA considers appropriate for |
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| | | facilitating a proper understanding of the reasons for its decision |
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| | | to the Secretary of State in accordance with section 140A(2)(c).’. |
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| | |
| | | |
| | Schedule 10, page 172, line 47, leave out ‘section 131B’ and insert ‘this Part’. |
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| | |
| | | |
| | Schedule 10, page 178, line 22, leave out ‘section 131B’ and insert ‘this Part’. |
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| | |
| | | |
| | Schedule 10, page 179, line 33, leave out ‘section 131B’ and insert ‘this Part’. |
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| | |
| | | |
| | Schedule 10, page 179, line 38, leave out ‘section 131B’ and insert ‘this Part’. |
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| | |
| | | |
| | Schedule 10, page 181, line 9, at end insert— |
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| | | ‘() | In subsection (7), omit “or (2)(d)”.’. |
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| | |
| | |
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| | | |
| | Clause 29, page 28, line 11, at end insert— |
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| |
| | |
| | |
| |
| | | ‘(2BA) | When subsection (2B) is applied, the relevant authority must publish a cost |
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| | | benefit assessment for the measures applied.’. |
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| | |
| | |
| | |
| | |
| | | |
| | Clause 34, page 32, line 45, at end insert— |
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| | | ‘(5A) | After sub-paragraph 2(4) insert— |
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| | | “(5) | No member involved in the decision making process shall have taken any |
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| | | part in the investigation.”.’. |
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| | |
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| | |
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| | | |
| | Clause 39, page 35, line 6, at end insert— |
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| | | ‘(2A) | In subsection (1), after “at least two undertakings (A and B)”, insert— |
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| | | | “with the intention of substantially reducing competition.”.’. |
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| | |
| | |
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| | | |
| | Clause 39, page 35, line 35, at end insert— |
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| | | ‘(2A) | All “relevant information” must be made available on the undertakings website |
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| | | under the title “commercial arrangements”.’. |
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| | |
| | |
| | | |
| | Schedule 15, page 203, line 29, leave out paragraph (a) and insert— |
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| | | ‘(a) | omit “to the Competition Commission” (in each place where it |
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| | | |
| | Clause 48, page 41, line 16, at end add— |
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| |
| | |
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| | | ‘“consumers” includes small businesses, up to 50 employees in size.’. |
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| | |
| | | |
| | 
| Clause 49, page 41, line 35, at end insert— |
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| | | ‘(2A) | Prior to the subordinate legislation coming into force, the review of the |
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| | | effectiveness of the legislation as set out in 14A(2)(a) will receive the views of |
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| | | businesses, business organisations, civic organisations and trade unions, and any |
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| | | such organisations which the person considers appropriate.’. |
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| | |
| | |
| | | |
| | | Clause 49, page 42, line 10, at end insert— |
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| | | ‘(7) | Subordinate legislation identified as having ceased to have effect in 14A(2)(b) |
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| | | will cease to exist only on one of two prescribed dates. |
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| | | (8) | The dates as set out in 14A(7) will be 6 April and 1 October (known as the |
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| | | Common Commencement Date). |
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| | | (9) | The Secretary of State must publish a Statement of new Regulations at least three |
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| | | months before new regulations come into force. |
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| | | (10) | The Statement of New Regulations must include— |
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| | | (a) | new regulations which will come into force at the next Common |
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| | | |
| | | (b) | regulations that cease to have effect in subsection 14A(2)(b).’. |
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| | |
| | |
| | |
| | |
| | | |
| | | Clause 52, page 44, line 2, at end insert— |
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| | | ‘(5) | The Secretary of State, in publishing guidance as set out in subsection (3) must |
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| | | take steps to obtain and to take into account the views of small, medium and large |
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| | | sized businesses, local authorities and business organisations prior to the issuing |
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| | | |
| | |
| | |
| | |
| | | |
| | | Clause 52, page 44, line 10, at end insert— |
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| | | ‘(8) | The Secretary of State, within 12 months of this part of the Act coming into |
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| | | operation, will prepare and publish in both Houses of Parliament a report |
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| | | detailing how the implementation of Section 52 of the Act has been affected by |
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| | |
| | |
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| | | resources provided to local authorities’ Trading Standards and Citizens Advice |
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| | |
| | |
| | | |
| | | Clause 56, page 46, leave out lines 3 to 16 and insert— |
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| | | |
| | | Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 |
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| | | (limitation on criminal penalties) does not apply for the purposes of provision |
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| | | under section 2(2) of that Act implementing acts which may be done in relation |
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| | | to copyright works notwithstanding the subsistence of copyright.’. |
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| | |
| | |
| | |
| | | |
| | | Clause 56, page 46, leave out lines 5 and 6 and insert ‘provide that any act which may |
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| | be done under this Chapter notwithstanding the subsistence of copyright is pursuant to |
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| | such regulations no longer permitted without regard to the subsistence of copyright.’. |
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| | |
| | |
| | |
| | | |
| | | Clause 56, page 46, line 6, at end insert— |
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| | | ‘(1A) | The power to make regulations under this section is exercisable only in making |
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| | | provision for the purposes mentioned in section 2(2)(a) and (b) of the European |
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| | | |
| | |
| | |
| | | |
| | Page 46, line 34, leave out Clause 57. |
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| | |
| | |
| | | |
| | Clause 62, page 49, line 5, at end add— |
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| |
| | |
| | |
| |
| | | ‘(5) | Section [Permission to borrow from the capital markets] comes into force on the |
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| | | day on which this Act is passed.’. |
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| | |
| | |
| | | Confidentiality of negotiations before termination of employment |
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| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘After section 111 of the Employment Rights Act 1996 insert— |
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| | | “111A | Confidentiality of negotiations before termination of employment |
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| | | (1) | In determining any matter arising on a complaint under section 111, an |
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| | | employment tribunal may not take account of any offer made or |
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5 | | discussions held, before the termination of the employment in question, |
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| | | with a view to it being terminated on terms agreed between the employer |
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| | | |
| | | | This is subject to the following provisions of this section. |
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| | | (2) | Subsection (1) does not apply where, according to the complainant’s |
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10 | | case, the circumstances are such that a provision (whenever made) |
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| | | contained in, or made under, this or any other Act requires the |
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| | | complainant to be regarded for the purposes of this Part as unfairly |
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| | | |
| | | (3) | In relation to anything said or done which in the tribunal’s opinion was |
|
15 | | improper, or was connected with improper behaviour, subsection (1) |
|
| | | applies only to the extent that the tribunal considers just. |
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| | | (4) | The reference in subsection (1) to a matter arising on a complaint under |
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| | | section 111 includes any question as to costs, except in relation to an |
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| | | offer made on the basis that the right to refer to it on any such question is |
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20 | | |
| | | (5) | Subsection (1) does not prevent the tribunal from taking account of a |
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| | | determination made in any other proceedings between the employer and |
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| | | the employee in which account was taken of an offer or discussions of the |
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| | | kind mentioned in that subsection.”’. |
|
| | | As Amendments to Norman Lamb’s proposed New Clause (Confidentiality of |
|
| | | negotiations before termination of employment) (NC2):— |
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| | |
| | |
| | |
| | | |
| | Line 7, leave out ‘the employee’ and insert ‘, the employee or either one of the |
|
| | following chosen employee representatives— |
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| | | (a) | a trade union official; |
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| |
| | |
| | |
| |
| | | (b) | a workplace representative; or |
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| | | (c) | a legal representative.’. |
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| | |
| | |
| | |
| | | |
| | |
| | | ‘(6) | The Secretary of State shall review the operation of Clause 111A [Confidentiality |
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| | | of negotiations before termination of employment] after 12 months and shall |
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| | | confirm its continuation through an affirmative resolution of both Houses of |
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| | | |
| | |
| | | Payments to directors: members’ approval of directors’ remuneration policy |
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| | |
| | | |
| | To move the following Clause:— |
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| | | ‘(1) | In section 421 of the Companies Act 2006 (contents of directors’ remuneration |
|
| | | report) after subsection (2) insert— |
|
| | | “(2A) | The regulations must provide that any information required to be |
|
| | | included in the report as to the policy of the company with |
|
| | | respect to the making of remuneration payments and payments |
|
| | | for loss of office (within the meaning of Chapter 4A of Part 10) |
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| | | is to be set out in a separate part of the report.” |
|
| | | (2) | After section 422 of that Act (approval and signing of directors’ remuneration |
|
| | | |
| | | “422A | Revisions to directors’ remuneration policy |
|
| | | (1) | The directors’ remuneration policy contained in a company’s directors’ |
|
| | | remuneration report may be revised. |
|
| | | (2) | Any such revision must be approved by the board of directors. |
|
| | | (3) | The policy as so revised must be set out in a document signed on behalf |
|
| | | of the board by a director or the secretary of the company. |
|
| | | (4) | Regulations under section 421(1) may make provision as to— |
|
| | | (a) | the information that must be contained in a document setting out |
|
| | | a revised directors’ remuneration policy, and |
|
| | | (b) | how information is to be set out in the document. |
|
| | | (5) | Sections 422(2) and (3), 454, 456 and 463 apply in relation to such a |
|
| | | document as they apply in relation to a directors’ remuneration report. |
|
| | | (6) | In this section, “directors’ remuneration policy” means the policy of a |
|
| | | company with respect to the matters mentioned in section 421(2A).” |
|
| | | (3) | In section 439 of that Act (quoted companies: members’ approval of directors’ |
|
| | | remuneration report), in subsection (1), at the end insert “other than the part |
|
| | | containing the directors’ remuneration policy (as to which see section 439A).”. |
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|
