House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Notices of Amendments: 11 October 2012
268

Enterprise and Regulatory Reform Bill, continued

“(2)
Breach of a duty imposed by a statutory instrument containing (whether

alone or with other provision) health and safety regulations shall not be

actionable except to the extent that regulations under this section so

provide.

(2A)
Breach of a duty imposed by an existing statutory provision shall not be

actionable except to the extent that regulations under this section so

provide (including by modifying any of the existing statutory

provisions).

(2B)
Regulations under this section may make provision about the extent to

which breach of a duty imposed by other health and safety legislation is

actionable (including by modifying that legislation).

(2C)
The reference in subsection (2B) to “other health and safety legislation”

is to—

(a)
any provision of an enactment which relates to any matter

relevant to any of the general purposes of this Part but is not

among the relevant statutory provisions; and

(b)
any provision of an instrument made or having effect under any

such enactment as is mentioned in paragraph (a) other than a

provision of a statutory instrument that contains (with other

provision) health and safety regulations.

(2D)
Regulations under this section may include provision for—

(a)
a defence to be available in any action for breach of the duty

mentioned in subsection (2), (2A) or (2B);

(b)
any term of an agreement which purports to exclude or restrict

any liability for such a breach to be void.”

(4)
In subsection (3), omit the words from “, whether brought by virtue of subsection

(2)” to the end.

(5)
In subsection (4)—

(a)
for “and (2)” substitute “, (2) and (2A)”, and

(b)
for “(3)” substitute “(2D)(a)”.

(6)
Omit subsections (5) and (6).

(7)
After subsection (6) insert—

“(7)
The power to make regulations under this section shall be exercisable by

the Secretary of State.

(8)
The Secretary of State must obtain the consent of the Welsh Ministers

before making any regulations by virtue of subsection (2B) that contain

provision which would be within the legislative competence of the

National Assembly for Wales if it were contained in an Act of the

Assembly.”

(8)
In section 82 of the Health and Safety at Work etc. Act 1974 (general provisions

as to regulations)—

(a)
in subsection (3), after “subsection (4)” insert “or (5)”, and

(b)
after subsection (4) insert—

“(5)
A statutory instrument containing (whether alone or with other

provision) regulations made by virtue of section 47(2B) shall not

be made unless a draft has been laid before and approved by

resolution of each House of Parliament.”

(9)
Where, on the commencement of this section, there is in force an Order in Council

made under section 84(3) of the Health and Safety at Work etc. Act 1974 that

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Enterprise and Regulatory Reform Bill, continued

applies to matters outside Great Britain any of the provisions of that Act that are

amended by this section, that Order is to be taken as applying those provisions as

so amended.

(10)
The amendments made by this section do not apply in relation to breach of a duty

which it would be within the legislative competence of the Scottish Parliament to

impose by an Act of that Parliament.

(11)
The amendments made by this section do not apply in relation to breach of a duty

where that breach occurs before the commencement of this section.’.

Estate agency work

Secretary Vince Cable

NC15

To move the following Clause:—

‘In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection

(4) substitute—

“(4)
This Act does not apply to the following things when done by a person

who does no other things which fall within subsection (1) above—

(a)
publishing advertisements or disseminating information;

(b)
providing a means by which—

(i)
a person who wishes to acquire or dispose of an interest

in land can, in response to such an advertisement or

dissemination of information, make direct contact with a

person who wishes to dispose of or, as the case may be,

acquire an interest in land;

(ii)
the persons mentioned in sub-paragraph (i) can continue

to communicate directly with each other.”’.

Adjudicators

Secretary Vince Cable

NC16

To move the following Clause:—

‘(1)
In Part 14 of the Insolvency Act 1986 (public administration (England and

Wales)), before section 399 and the cross-heading which precedes it insert—

“Adjudicators

398A
Appointment etc of adjudicators and assistants

(1)
The Secretary of State may appoint persons to the office of adjudicator.

(2)
A person appointed under subsection (1)—

(a)
is to be paid out of money provided by Parliament such salary as

the Secretary of State may direct,

(b)
holds office on such other terms and conditions as the Secretary

of State may direct, and

(c)
may be removed from office by a direction of the Secretary of

State.

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Enterprise and Regulatory Reform Bill, continued

(3)
A person who is authorised to act as an official receiver may not be

appointed under subsection (1).

(4)
The Secretary of State may appoint officers of the Secretary of State’s

department to assist adjudicators in the carrying out of their functions.”

(2)
In Part 9 of that Act (bankruptcy), before Chapter 1 insert the Chapter set out in

Schedule [Adjudicators: bankruptcy applications by debtors and bankruptcy

orders] (adjudicators: bankruptcy applications by debtors and bankruptcy

orders).

(3)
Schedule [Adjudicators: minor and consequential amendments] (adjudicators:

minor and consequential amendments) has effect.’.

Power to provide for equal pay audits

Secretary Vince Cable

NC17

To move the following Clause:—

‘(1)
The Equality Act 2010 is amended as follows.

(2)
After section 139 insert—

“139A
Equal pay audits

(1)
Regulations may make provision requiring an employment tribunal to

order the respondent to carry out an equal pay audit in any case where the

tribunal finds that there has been an equal pay breach.

(2)
An equal pay breach is—

(a)
a breach of an equality clause, or

(b)
a contravention in relation to pay of section 39(2), 49(6) or 50(6),

so far as relating to sex discrimination.

(3)
An equal pay audit is an audit designed to identify action to be taken to

avoid equal pay breaches occurring or continuing.

(4)
The regulations may make further provision about equal pay audits,

including provision about—

(a)
the content of an audit;

(b)
the powers and duties of a tribunal for deciding whether its order

has been complied with;

(c)
any circumstances in which an audit may be required to be

published or may be disclosed to any person.

(5)
The regulations must provide for an equal pay audit not to be ordered

where the tribunal considers that—

(a)
an audit completed by the respondent in the previous 3 years

meets requirements prescribed for this purpose,

(b)
it is clear without an audit whether any action is required to avoid

equal pay breaches occurring or continuing,

(c)
the breach the tribunal has found gives no reason to think that

there may be other breaches, or

(d)
the disadvantages of an equal pay audit would outweigh its

benefits.

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Enterprise and Regulatory Reform Bill, continued

(6)
The regulations may make provision for a failure to comply with an order

to be enforced, otherwise than as an offence, by such means as are

prescribed.

(7)
The first regulations under this section must provide for the requirement

to impose an order for an equal pay audit not to apply in relation to a

respondent whose business is defined in the regulations as a start-up or

micro-business unless further provision is made under this section.”

(3)
In section 207(6) (exercise of power to make subordinate legislation: power to

amend enactments) after “37,” and after “in the case of section” insert “139A,”.

(4)
In section 208(5) (subordinate legislation by Ministers of the Crown etc:

affirmative procedure) after paragraph (e) insert—

“(ea)
regulations under section 139A (equal pay audits);”.’.

Secretary Vince Cable

NS1

To move the following Schedule:—

‘Local listed Building consent orders: procedure


In the Planning (Listed Buildings and Conservation Areas) Act 1990, after

Schedule 2 insert—

“Schedule 2A

Section 26D

Local listed building consent orders: procedure

Preparation

1    (1)
A local listed building consent order must be prepared in

accordance with such procedure as is prescribed by regulations

under this Act.

      (2)
The regulations may include provision as to—

(a)
the preparation, submission, approval, adoption, revision,

revocation and withdrawal of a local listed building

consent order;

(b)
notice, publicity, and inspection by the public;

(c)
consultation with and consideration of views of such

persons and for such purposes as are prescribed;

(d)
the making and consideration of representations.

Revision

2    (1)
The local planning authority may at any time prepare a revision of

a local listed building consent order.

      (2)
An authority must prepare a revision of a local listed building

consent order—

(a)
if the Secretary of State directs them to do so, and

(b)
in accordance with such timetable as the Secretary of State

directs.

      (3)
This Schedule applies to the revision of a local listed building

consent order as it applies to the preparation of the order.

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Enterprise and Regulatory Reform Bill, continued

      (4)
A local listed building consent order may not be varied except by

revision under this paragraph.

Order to be adopted

3
A local listed building consent order is of no effect unless it is

adopted by resolution of the local planning authority.

Annual report

4    (1)
While a local listed building consent order is in force the local

planning authority must prepare reports containing such

information as is prescribed as to the extent to which the order is

achieving its purposes.

      (2)
A report under this paragraph must—

(a)
be in respect of a period—

(i)
which the authority considers appropriate in the

interests of transparency,

(ii)
which begins with the end of the period covered by

the authority’s most recent report under this

paragraph (or, in the case of the first report, with

the day the order comes into force), and

(iii)
which is not longer than 12 months or such shorter

period as is prescribed;

(b)
be in such form as is prescribed;

(c)
contain such other matter as is prescribed.

      (3)
The authority must make its reports under this section available to

the public.”’.

Secretary Vince Cable

NS2

To move the following Schedule:—

‘Adjudicators: bankruptcy applications by debtors and bankruptcy orders

“Chapter A1

Adjudicators: bankruptcy applications by debtors and bankruptcy

orders

263H
Bankruptcy applications to the adjudicator

(1)
An individual may make an application to an adjudicator in

accordance with this Chapter for a bankruptcy order to be made

against him or her.

(2)
An individual may make a bankruptcy application only on the ground

that the individual is unable to pay his or her debts.

263I
Debtors against whom an adjudicator may make a bankruptcy order

(1)
An adjudicator has jurisdiction to determine a bankruptcy application

only if—

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Enterprise and Regulatory Reform Bill, continued

(a)
the centre of the debtor’s main interests is in England and

Wales, or

(b)
the centre of the debtor’s main interests is not in a member

state of the European Union which has adopted the EC

Regulation, but the test in subsection (2) is met.

(2)
The test is that—

(a)
the debtor is domiciled in England and Wales, or

(b)
at any time in the period of three years ending with the day on

which the application is made to the adjudicator, the debtor—

(i)
has been ordinarily resident, or has had a place of

residence, in England and Wales, or

(ii)
has carried on business in England and Wales.

(3)
The reference in subsection (2) to the debtor carrying on business

includes—

(a)
the carrying on of business by a firm or partnership of which

the debtor is a member, and

(b)
the carrying on of business by an agent or manager for the

debtor or for such a firm or partnership.

(4)
In this section, references to the centre of the debtor’s main interests

have the same meaning as in Article 3 of the EC Regulation.

263J
Conditions applying to bankruptcy application

(1)
A bankruptcy application must include—

(a)
such particulars of the debtor’s creditors, debts and other

liabilities, and assets, as may be prescribed, and

(b)
such other information as may be prescribed.

(2)
A bankruptcy application is not to be regarded as having been made

unless any fee or deposit required in connection with the application

by an order under section 415 has been paid to such person, and within

such period, as may be prescribed.

(3)
A bankruptcy application may not be withdrawn.

(4)
A debtor must notify the adjudicator if, at any time before a

bankruptcy order is made against the debtor or the adjudicator refuses

to make such an order—

(a)
the debtor becomes able to pay his or her debts, or

(b)
a bankruptcy petition has been presented to the court in

relation to the debtor.

263K
Determination of bankruptcy application

(1)
After receiving a bankruptcy application, an adjudicator must

determine whether the following requirements are met—

(a)
the adjudicator had jurisdiction under section 263I to

determine the application on the date the application was

made,

(b)
the debtor is unable to pay his or her debts at the date of the

determination,

(c)
no bankruptcy petition is pending in relation to the debtor at

the date of the determination, and

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Enterprise and Regulatory Reform Bill, continued

(d)
no bankruptcy order has been made in respect of any of the

debts which are the subject of the application at the date of the

determination.

(2)
If the adjudicator is satisfied that each of the requirements in

subsection (1) are met, the adjudicator must make a bankruptcy order

against the debtor.

(3)
If the adjudicator is not so satisfied, the adjudicator must refuse to

make a bankruptcy order against the debtor.

(4)
The adjudicator must make a bankruptcy order against the debtor or

refuse to make such an order before the end of the prescribed period

(“the determination period”).

263L
Adjudicator’s requests for further information

(1)
An adjudicator may at any time during the determination period

request from the debtor information that the adjudicator considers

necessary for the purpose of determining whether a bankruptcy order

must be made.

(2)
The adjudicator may specify a date before which information

requested under subsection (1) must be provided; but that date must

not be after the end of the determination period.

(3)
If the rules so prescribe, a request under subsection (1) may include a

request for information to be given orally.

(4)
The rules may make provision enabling or requiring an adjudicator to

request information from persons of a prescribed description in

prescribed circumstances.

263M
Making of bankruptcy order

(1)
This section applies where an adjudicator makes a bankruptcy order as

a result of a bankruptcy application.

(2)
The order must be made in the prescribed form.

(3)
The adjudicator must—

(a)
give a copy of the order to the debtor, and

(b)
give notice of the order to persons of such description as may

be prescribed.

263N
Refusal to make a bankruptcy order: review and appeal etc.

(1)
Where an adjudicator refuses to make a bankruptcy order on a

bankruptcy application, the adjudicator must give notice to the

debtor—

(a)
giving the reasons for the refusal, and

(b)
explaining the effect of subsections (2) to (5).

(2)
If requested by the debtor before the end of the prescribed period, the

adjudicator must review the information which was available to the

adjudicator when the determination that resulted in the refusal was

made.

(3)
Following a review under subsection (2) the adjudicator must—

(a)
confirm the refusal to make a bankruptcy order, or



© Parliamentary copyright	Revised 12 October 2012