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| | Page 3, line 29 [Clause 5], leave out ‘that Act’ and insert ‘the Companies Act 2006 |
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| | for the purposes of the application to it of— |
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| | | (a) | Chapters 4 and 4A of Part 10 of that Act, and |
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| | | (b) | Parts 15 and 16 of that Act (in respect of a financial year).’. |
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| | Page 4, line 18 [Clause 7], leave out ‘send’ and insert ‘provide’. |
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| | Page 5, line 33 [Clause 7], leave out ‘sending’ and insert ‘providing’. |
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| | Page 8 [Clause 12], leave out lines 22 to 27 and insert— |
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| | | ‘(1) | Evidence of pre-termination negotiations is inadmissible in any proceedings on a |
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| | | complaint under section 111. |
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| | | | This is subject to subsections (2) to (4). |
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| | | (1A) | In subsection (1) “pre-termination negotiations” means any offer made or |
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| | | discussions held, before the termination of the employment in question, with a |
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| | | view to it being terminated on terms agreed between the employer and the |
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| | Page 8, line 36, [Clause 12], leave out from beginning to second ‘to’ in line 37 and |
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| | insert ‘Subsection (1) does not affect the admissibility, on any question as to costs or |
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| | expenses, of evidence relating’. |
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| | Page 8 [Clause 12], leave out lines 40 to 43. |
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| | Page 9 [Clause 13], leave out lines 8 to 10 and insert— |
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| | | (i) | a specified amount, and |
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| | | (ii) | a specified number multiplied by a week’s pay of the individual |
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| | Page 9, line 11 [Clause 13], after ‘(2)(a)’ insert ‘or (b)(i)’. |
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| | Page 9, line 13 [Clause 13], after ‘(2)(a)’ insert ‘or (b)(i)’. |
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| | Page 9, line 16 [Clause 13], after ‘(2)(b)’ insert ‘(ii)’. |
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| | Page 9, line 38 [Clause 13], after ‘13(2)(b)’ insert ‘(ii)’. |
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| | Page 12, line 23 [Clause 17], leave out paragraph (c). |
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| | Page 12, line 35 [Clause 17], at end insert— |
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| | | ‘(2A) | In section 49 of the National Minimum Wage Act 1998 (restrictions on |
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| | | |
| | | (a) | in subsections (3) and (4), for “compromise” (in each place where it |
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| | | occurs) substitute “settlement”; |
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| | | (b) | after subsection (8) insert— |
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| | | “(8A) | In the application of this section in relation to Northern Ireland, |
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| | | subsections (3) and (4) above shall have effect as if for |
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| | | “settlement agreements” (in each place) there were substituted |
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| | | “compromise agreements.”’. |
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| | Page 37, line 20 [Clause 40], at end insert— |
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| | | ‘(6) | After section 188A (as inserted by subsection (5) above) insert— |
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| | | “188B | Defences to commission of cartel offence |
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| | | (1) | In a case where the arrangements would (operating as the parties intend) |
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| | | affect the supply in the United Kingdom of a product or service, it is a |
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| | | defence for an individual charged with an offence under section 188(1) |
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| | | to show that, at the time of the making of the agreement, he or she did not |
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| | | intend that the nature of the arrangements would be concealed from |
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| | | customers at all times before they enter into agreements for the supply to |
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| | | them of the product or service. |
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| | | (2) | It is a defence for an individual charged with an offence under section |
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| | | 188(1) to show that, at the time of the making of the agreement, he or she |
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| | | did not intend that the nature of the arrangements would be concealed |
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| | | |
| | | (3) | It is a defence for an individual charged with an offence under section |
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| | | 188(1) to show that, before the making of the agreement, he or she took |
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| | | reasonable steps to ensure that the nature of the arrangements would be |
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| | | disclosed to professional legal advisers for the purposes of obtaining |
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| | | advice about them before their making or (as the case may be) their |
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| | Page 37, line 20 [Clause 40], at end insert— |
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| | | ‘( ) | After section 190 of the 2002 Act insert— |
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| | | “190A | Cartel offence: prosecution guidance |
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| | | (1) | The CMA must prepare and publish guidance on the principles to be |
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| | | applied in determining, in any case, whether proceedings for an offence |
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| | | under section 188(1) should be instituted. |
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| | | (2) | The CMA may at any time issue revised or new guidance. |
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| | | (3) | Guidance published by the CMA under this section is to be published in |
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| | | such manner as it considers appropriate. |
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| | | (4) | In preparing guidance under this section the CMA must consult— |
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| | | (a) | the Director of the Serious Fraud Office; |
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| | | (b) | the Lord Advocate; and |
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| | | (c) | such other persons as it considers appropriate.”’. |
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| | Page 37, line 21 [Clause 40], leave out ‘this section’ and insert ‘subsections (1) to |
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| | Page 42, line 38 [Clause 50], leave out ‘, other than the Scottish Ministers,’. |
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| | Page 42, line 39 [Clause 50], at end insert ‘except to the extent that— |
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| | | (a) | the power or duty is exercisable by the Scottish Ministers, or |
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| | | (b) | the power or duty is exercisable by any other person within devolved |
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| | | competence (within the meaning of the Scotland Act 1998).’. |
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| | Page 47, line 17 [Clause 57], at end insert— |
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| | | ‘( ) | But regulations under this section may make only such provision as may |
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| | | be made under subsection (2) of section 2 of the European Communities |
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| | | Act 1972 or such provision as could be made under that subsection if |
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| | | paragraph 1(1)(d) of Schedule 2 to that Act did not apply.’. |
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| | Page 47, line 33 [Clause 57], at end insert— |
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| | | ‘( ) | But regulations under this section may make only such provision as may |
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| | | be made under subsection (2) of section 2 of the European Communities |
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| | | Act 1972 or such provision as could be made under that subsection if |
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| | | paragraph 1(1)(d) of Schedule 2 to that Act did not apply.’. |
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| | Page 52, line 8 [Clause 61], leave out from ‘begins’ to ‘or’ in line 9 and insert ‘on |
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| | or after the day on which section 61 of the Enterprise and Regulatory Reform Act 2012 |
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| | Page 53, line 19 [Clause 62], at end insert— |
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| | | ‘ “quoted company” has the same meaning as in Part 15 of this Act;’. |
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| | Page 53, line 22 [Clause 62], leave out from ‘person’ to ‘other’ in line 23 and insert |
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| | | (a) | holding, agreeing to hold or having held office as director of a company, |
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| | | |
| | | (b) | holding, agreeing to hold or having held, during a period when the person |
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| | | is or was such a director— |
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| | | (i) | any other office or employment in connection with the |
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| | | management of the affairs of the company, or |
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| | | (ii) | any office (as director or otherwise) or employment in |
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| | | connection with the management of the affairs of any subsidiary |
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| | | undertaking of the company,’. |
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| | Page 54, line 27 [Clause 62], after ‘be’ insert ‘or has been’. |
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| | Page 58, line 4 [Clause 63], at end insert— |
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| | | ‘(12) | In that Schedule, in the first column, after “quoted company”, insert— |
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| | “—in Chapter 4A of Part 10 |
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| | Page 58, line 13 [Clause 64], leave out from ‘begin’ to ‘, and’ in line 14 and insert |
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| | ‘on or after the day on which that section of this Act comes into force’. |
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| | Page 59, line 34 [Clause 68], leave out ‘17(1)(c)’ and insert ‘17(2A)’. |
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| | Page 60, line 14 [Clause 68], after ‘50,’ insert ‘[Osborne estate],’. |
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| | Page 60, line 14 [Clause 68], after ‘54’ insert ‘and [Estate agency work]’. |
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| | Page 60, line 15 [Clause 68], at end insert— |
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| | | ‘( ) | section [Civil liability for breach of health and safety duties] extends only |
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| | | to England and Wales and Scotland except that it also extends to |
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| | | Northern Ireland so far as Parts 1 and 4 of the Health and Safety at Work |
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| | | etc. Act 1974 extend there,’. |
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| | Page 60, line 16 [Clause 68], leave out ‘section’ and insert ‘sections’. |
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| | Page 60, line 16 [Clause 68], after ‘52’ insert ‘, [Equality Act 2010: third party |
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| | harassment of employees and applicants] and [Equality Act 2010: obtaining information |
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| | Page 60, line 16 [Clause 68], leave out ‘extends’ and insert ‘and paragraphs 1, 52 |
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| | to 54, 56 and 61 of Schedule [Adjudicators: minor and consequential amendments] |
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| | Page 60, line 17 [Clause 68], leave out ‘section’ and insert ‘sections’. |
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| | Page 60, line 17 [Clause 68], before ‘51’ insert ‘[Listed buildings in England: |
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| | agreements and orders granting listed building consent],’. |
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| | Page 60, line 17 [Clause 68], before ‘51’ insert ‘[Listed buildings in England: |
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| | certificates of lawfulness],’. |
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| | Page 60, line 17 [Clause 68], after ‘51’ insert ‘ and [Adjudicators]’. |
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| | Page 60, line 17 [Clause 68], leave out first ‘Schedule’ and insert ‘Schedules’. |
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| | Page 60, line 17 [Clause 68], before ‘16’ insert ‘and [Local listed building consent |
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| | Page 60, line 17 [Clause 68], after ‘17’ insert ‘, Schedule [Adjudicators: |
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| | bankruptcy applications by debtors and bankruptcy orders] and paragraphs 2 to 51, 55, |
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| | 57 to 60 and 62 of Schedule [Adjudicators: minor and consequential amendments]’. |
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| | Page 60, line 22 [Clause 68], at end insert ‘except that section [Power to provide |
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| | for equal pay audits] extends only to England and Wales and Scotland’. |
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| | Page 60, line 26 [Clause 69], at end insert— |
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| | | ‘( ) | section [Osborne estate];’. |
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| | Page 60, line 26 [Clause 69], at end insert— |
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| | | ‘( ) | section [Power to provide for equal pay audits];’. |
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| | Page 224, line 29 [Schedule 16], leave out paragraph 9. |
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| | Page 227, line 16 [Schedule 16], at end insert— |
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| | | ‘9A | In section 32(1)(a) (purchase notice on refusal or conditional grant of |
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| | | (a) | for “listed building consent in respect of a building” substitute “on an |
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| | | application for listed building consent in respect of a building, |
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| | | (b) | before “is revoked” insert “such consent granted on an application”. |
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| | | 9B | In section 62(2) (validity of certain orders and decisions), after paragraph (a) |
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| | | “(aa) | any decision to approve or reject a local listed building |
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| | | consent order or part of such an order; |
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| | | (ab) | any decision on an appeal under section 26K;”.’. |
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| | Page 227, line 33 [Schedule 16], at end insert— |
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| | | ‘11A | In section 82(3) (application of Act to land and works of local planning |
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| | | authorities) for “to 29” substitute “to 26, 28, 29”. |
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| | | 11B | In section 82A(2) (application to the Crown), after paragraph (c) insert— |
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| | | 11C | In section 88(2)(c) (rights of entry) after “11” insert “, 26J”. |
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| | | 11D(1) | Section 93 (regulations and orders) is amended as follows. |
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| | | (2) | In subsection (4) after “8(5),” insert “26C,”. |
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| | | (3) | In subsection (5) after “section” insert “26C,”. |
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| | | 11E(1) | Schedule 3 (determination of certain appeals by person appointed by Secretary |
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| | | of State) is amended as follows. |
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| | | (2) | In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “, 26K”. |
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| | | (3) | In paragraph 2(1) after paragraph (a) (before “and” at the end) insert— |
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| | | “(aa) | in relation to an appeal under section 26K, as the Secretary |
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| | | of State has under section 26K(4) to (6);”.’. |
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| | Page 5, line 43 [Clause 7], at end insert— |
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| | | ‘(e) | preventing an employer or ex-employer of a prospective Claimant from |
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| | | applying for costs against the prospective Claimant under the |
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| | | Employment Tribunal Rules or other measures to provide an incentive to |
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| | | employers or ex-employers to take part in the conciliation process.’. |
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| | Page 7, line 27 [Clause 11], after (2) insert ‘With the consent of the parties but not |
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| | Page 7 [Clause 11], leave out lines 29 to 38. |
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| | Page 8 [Clause 11], leave out lines 1 to 10. |
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| | Page 14, line 27 [Clause 21], leave out ‘or similar to’. |
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| | Page 43, line 27, leave out Clause 52. |
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| | Page 65, line 22 [Schedule 2], leave out ‘one month’ and insert ‘six months’. |
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| | Page 10, line 1, leave out Clause 14. |
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| | Page 10, line 11 [Clause 14], after ‘features’, insert— |
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| | | ‘(c) | and where the employer employs in excess of 10 employees at the time |
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| | | of the claim first being submitted to ACAS as per section 7 of this Act,’. |
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