|
|
| |
| |
|
| |
| |
| 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
|
|
| |
| |
| |
| | |
| Clause 49, page 41, line 35, at end insert— |
|
| | ‘(2A) | Prior to the subordinate legislation coming into force, the review of the |
|
| | effectiveness of the legislation as set out in 14A(2)(a) will receive the views of |
|
| | businesses, business organisations, civic organisations and trade unions, and any |
|
| | such organisations which the person considers appropriate.’. |
|
| |
| |
| |
| | |
| Clause 49, page 42, line 10, at end insert— |
|
| | ‘(7) | Subordinate legislation identified as having ceased to have effect in 14A(2)(b) |
|
| | will cease to exist only on one of two prescribed dates. |
|
| | (8) | The dates as set out in 14A(7) will be 6 April and 1 October (known as the |
|
| | Common Commencement Date). |
|
| | (9) | The Secretary of State must publish a Statement of new Regulations at least three |
|
| | months before new regulations come into force. |
|
| | (10) | The Statement of New Regulations must include— |
|
| | (a) | new regulations which will come into force at the next Common |
|
| | |
| | (b) | regulations that cease to have effect in subsection 14A(2)(b).’. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 52, page 44, line 2, at end insert— |
|
| | ‘(5) | The Secretary of State, in publishing guidance as set out in subsection (3) must |
|
| | take steps to obtain and to take into account the views of small, medium and large |
|
| | sized businesses, local authorities and business organisations prior to the issuing |
|
| | |
| |
| |
| |
| | |
| Clause 52, page 44, line 10, at end insert— |
|
| | ‘(8) | The Secretary of State, within 12 months of this part of the Act coming into |
|
| | operation, will prepare and publish in both Houses of Parliament a report |
|
| | detailing how the implementation of Section 52 of the Act has been affected by |
|
| | resources provided to local authorities’ Trading Standards and Citizens Advice |
|
| | |
| |
| |
| |
| |
| | |
| Clause 56, page 46, leave out lines 5 and 6 and insert ‘provide that any act which may |
|
| be done under this Chapter notwithstanding the subsistence of copyright is pursuant to |
|
| such regulations no longer permitted without regard to the subsistence of copyright.’. |
|
| |
| |
| |
| | |
| Clause 56, page 46, line 6, at end insert— |
|
| | ‘(1A) | The power to make regulations under this section is exercisable only in making |
|
| | provision for the purposes mentioned in section 2(2)(a) and (b) of the European |
|
| | |
| |
| |
| | |
| Page 46, line 34, leave out Clause 57. |
|
| |
|
|
| |
| |
|
| |
| | |
| Clause 62, page 49, line 5, at end add— |
|
| | ‘(5) | Section [Permission to borrow from the capital markets] comes into force on the |
|
| | day on which this Act is passed.’. |
|
| |
| |
| | Confidentiality of negotiations before termination of employment |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘After section 111 of the Employment Rights Act 1996 insert— |
|
| | “111A | Confidentiality of negotiations before termination of employment |
|
| | (1) | In determining any matter arising on a complaint under section 111, an |
|
| | employment tribunal may not take account of any offer made or |
|
5 | | discussions held, before the termination of the employment in question, |
|
| | with a view to it being terminated on terms agreed between the employer |
|
| | |
| | | This is subject to the following provisions of this section. |
|
| | (2) | Subsection (1) does not apply where, according to the complainant’s |
|
10 | | case, the circumstances are such that a provision (whenever made) |
|
| | contained in, or made under, this or any other Act requires the |
|
| | complainant to be regarded for the purposes of this Part as unfairly |
|
| | |
| | (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. |
|
| | (4) | The reference in subsection (1) to a matter arising on a complaint under |
|
| | section 111 includes any question as to costs, except in relation to an |
|
| | offer made on the basis that the right to refer to it on any such question is |
|
20 | | |
| | (5) | Subsection (1) does not prevent the tribunal from taking account of a |
|
| | determination made in any other proceedings between the employer and |
|
| | the employee in which account was taken of an offer or discussions of the |
|
| | kind mentioned in that subsection.”’. |
|
| | As Amendments to Norman Lamb’s proposed New Clause (Confidentiality of |
|
| | negotiations before termination of employment) (NC2):— |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Line 7, leave out ‘the employee’ and insert ‘, the employee or either one of the |
|
| following chosen employee representatives— |
|
| | (a) | a trade union official; |
|
| | (b) | a workplace representative; or |
|
| | (c) | a legal representative.’. |
|
| |
| |
| |
| | |
| |
| | ‘(6) | The Secretary of State shall review the operation of Clause 111A [Confidentiality |
|
| | of negotiations before termination of employment] after 12 months and shall |
|
| | confirm its continuation through an affirmative resolution of both Houses of |
|
| | |
| |
| | Payments to directors: members’ approval of directors’ remuneration policy |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(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 |
|
5 | | respect to the making of remuneration payments and payments |
|
| | for loss of office (within the meaning of Chapter 4A of Part 10) |
|
| | 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 |
|
| | |
10 | | “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 |
|
15 | | 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. |
|
|
|
| |
| |
|
20 | | (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’ |
|
25 | | remuneration report), in subsection (1), at the end insert “other than the part |
|
| | containing the directors’ remuneration policy (as to which see section 439A).”. |
|
| | (4) | After that section insert— |
|
| | “439A | Quoted companies: members’ approval of directors’ remuneration |
|
| | |
30 | | (1) | A quoted company must give notice of the intention to move, as an |
|
| | ordinary resolution, a resolution approving the relevant directors’ |
|
| | |
| | (a) | at the accounts meeting held in the first financial year which |
|
| | begins after the coming into force of section (Payments to |
|
35 | | directors: members’ approval of directors’ remuneration policy) |
|
| | of the Enterprise and Regulatory Reform Act 2012 or at an |
|
| | earlier general meeting, and |
|
| | (b) | at an accounts or other general meeting held no later than the end |
|
| | of the period of three financial years beginning with the first |
|
40 | | financial year after the last accounts or other general meeting in |
|
| | relation to which notice is given under this subsection. |
|
| | (2) | A quoted company must give notice of the intention to move at an |
|
| | accounts meeting, as an ordinary resolution, a resolution approving the |
|
| | relevant directors’ remuneration policy if— |
|
45 | | (a) | a resolution required to be put to the vote under section 439 was |
|
| | not passed at the last accounts meeting of the company, and |
|
| | (b) | no notice under this section was given in relation to that meeting |
|
| | or any other general meeting held before the next accounts |
|
| | |
50 | | (3) | A notice given under subsection (2) is to be treated as given under |
|
| | subsection (1) for the purpose of determining the period within which the |
|
| | next notice under subsection (1) must be given. |
|
| | (4) | Notice of the intention to move a resolution to which this section applies |
|
| | must be given, prior to the meeting in question, to the members of the |
|
55 | | company entitled to be sent notice of the meeting. |
|
| | (5) | Subsections (2) to (4) of section 439 apply for the purposes of a |
|
| | resolution to which this section applies as they apply for the purposes of |
|
| | a resolution to which section 439 applies, with the modification that, for |
|
| | the purposes of a resolution relating to a general meeting other than an |
|
60 | | accounts meeting, subsection (3) applies as if for “accounts meeting” |
|
| | there were substituted “general meeting”. |
|
| | (6) | For the purposes of this section, the relevant directors’ remuneration |
|
| | |
| | (a) | in a case where notice is given in relation to an accounts meeting, |
|
65 | | the remuneration policy contained in the directors’ remuneration |
|
| | report in respect of which a resolution under section 439 is |
|
| | required to be put to the vote at that accounts meeting; |
|
|
|
| |
| |
|
| | (b) | in a case where notice is given in relation to a general meeting |
|
| | other than an accounts meeting— |
|
70 | | (i) | the remuneration policy contained in the directors’ |
|
| | remuneration report in respect of which such a |
|
| | resolution was required to be put to the vote at the last |
|
| | accounts meeting to be held before that other general |
|
| | |
75 | | (ii) | where that policy has been revised in accordance with |
|
| | section 422A, the policy as so revised. |
|
| | |
| | (a) | “accounts meeting” means a general meeting of the company |
|
| | before which the company’s annual accounts for a financial year |
|
80 | | |
| | (b) | “directors’ remuneration policy” means the policy of the |
|
| | company with respect to the matters mentioned in section |
|
| | |
| | As Amendments to Norman Lamb’s proposed New Clause (Payments to directors: |
|
| | members’ approval of directors’ remuneration policy) (NC5):— |
|
| |
| |
| |
| | |
|
| Line 7, at end insert— |
|
| | ‘(2B) | The regulations must include information regarding the 10 highest paid |
|
| | employees in the company outside of the board and executive committee”.’. |
|
| |
| |
| |
| | |
|
| Leave out lines 34 to 42. |
|
| |
| |
| |
| | |
|
| Leave out lines 43 to 53. |
|
| |
| |
| |
| | |
|
| Leave out lines 57 to 62. |
|
| |
| |
| |
| | |
|
| Leave out lines 69 to 77 and insert— |
|
|
|
| |
| |
|
| | ‘(b) | The resolution under subsection (1) in respect of directors’ remuneration |
|
| | policy must obtain the approval of 75 per cent. of members on the share |
|
| | register of the quoted company.’. |
|
| |
| |
| |
| | |
|
| Line 84, at end add— |
|
| | ‘(5) | The Secretary of State will, within three months of the passing of this Act, prepare |
|
| | regulations which will bring into immediate operation section 1277 of the |
|
| | |
| |
| |
| |
| | |
|
| Line 84, at end add— |
|
| | ‘(8) | In section 419 of the Companies Act 2006 (Information about directors’ benefit: |
|
| | remuneration), after subsection (2)(e) insert— |
|
| | |
| | (f) | disclosure of fees paid to recruitment consultants in respect of |
|
| | recruitment consultancy work and non-recruitment consultancy |
|
| | work for the company in the last year.”.’. |
|
| |
| |
| |
| | |
|
| Line 84, at end add— |
|
| | ‘(9) | In section 227 of the Companies Act 2006 (Directors’ services contracts), after |
|
| | |
| | “(3) | The Secretary of State must provide for a requirement that the |
|
| | remuneration consultants advising on remuneration policy and directors’ |
|
| | service shall be appointed by the shareholders of the relevant body |
|
| | |
| |
| | Payments to directors of quoted companies |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘After section 226 of the Companies Act 2006 insert— |
|
|