House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Notices of Amendments: 12 October 2012
313

Enterprise and Regulatory Reform Bill, continued

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.

(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—

Notices of Amendments: 12 October 2012
314

Enterprise and Regulatory Reform Bill, continued

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

Removal of requirement for protected disclosures to be made in good faith

Katy Clark

NC1

To move the following Clause:—

‘The Employment Rights Act 1996 is amended as follows:

(1)
Omit “in good faith”—

(a)
in section 43C (Disclosures qualifying for protection), in subsection (1),

(b)
in section 43E (Disclosure to Minister of the Crown), in paragraph (b),

and

(c)
in section 43F (Disclosure to prescribed person), in subsection (1)(a).

(2)
Omit “makes the disclosure in good faith,

(b)
he”—

(a)
in section 43G (Disclosure in other cases), in subsection (1), and

(b)
in section 43H (Disclosure of exceptionally serious failure), in subsection

(1).’.

Duty on employers to prevent detriment caused by others to workers who have made

protected disclosures

Katy Clark

NC2

To move the following Clause:—

‘(1)
The Secretary of State shall make regulations requiring an employer, where a

worker has made a protected disclosure under section 43A of the Employment

Rights Act 1996, to take reasonable steps to ensure that the worker is not

subjected to any detriment by any act, or any deliberate failure to act, by a person

other than his employer done on the ground that worker has made the disclosure.

(2)
Regulations under this section—

(a)
are to be made by statutory instrument, and

(b)
are not to be made unless a draft of the instrument has been laid before,

and approved by a resolution of, each House of Parliament.’.

Notices of Amendments: 12 October 2012
315

Enterprise and Regulatory Reform Bill, continued

Duty of company directors to protect consumer pre-payments

Katy Clark

NC3

To move the following Clause:—

‘(1)
A director of a company must ensure—

(a)
that provision is made for consumers to be reimbursed where they have

made payments, in full or in part, in respect of goods or services that the

company is unable to deliver, and

(b)
that a statement of the nature of this provision is made available to

consumers and prospective consumers.

(2)
A person who fails to carry out his duty under subsection (1) is guilty of an

offence under section 993 of the Companies Act 2006.’.

Town and country planning: Amendment of the Town and Country Plannning (Control of

Advertisements) (England) Regulations 2007

Mr Nicholas Brown

NC4

To move the following Clause:—

‘(1)
Class 3 of Schedule 3 to the Town and Country Planning (Control of

Advertisements) (England) Regulations 2007, (Classes of advertisements for

which deemed consent is granted) is amended as follows.

(2)
In item 3A, after “sale”, leave out “or letting”.

(3)
In item 3A(2), after both uses of “sold”, leave out “or let”.

(4)
In item 3A(2), after “sale”, leave out “or letting”.

(5)
In item 3A(8), after “sale”, leave out “or letting”.’.

Town and country planning: responsibilities of housing authorities

Mr Nicholas Brown

NC5

To move the following Clause:—

‘(1)
Local authorities in England which enjoy day-to-day responsibility for housing

policy within their local authority area may make by-laws regulating for all or

part of the authority the display of external advertisements concerning property

lettings.

(2)
If a housing authority has not specifically provided for the display of external

notices advertising a property to let then such a notice is not permitted.’.

Notices of Amendments: 12 October 2012
316

Enterprise and Regulatory Reform Bill, continued

Town and country planning: offences

Mr Nicholas Brown

NC6

To move the following Clause:—

‘(1)
It shall be an offence to display an external notice prohibited by subsection (2) of

section (Town and country planning: responsibilities of housing authorities).

(2)
A person guilty of an offence under subsection (1) is liable, on summary

conviction, to a fine not exceeding level 4 on the standard scale.

(3)
A person guilty of a second or subsequent offence under subsection (1) is liable,

on summary conviction, to a fine not exceeding level 5 on the standard for each

seperate such offence.’.

Town and country planning: commencement and extent

Mr Nicholas Brown

NC7

To move the following Clause:—

‘(1)
Sections (Town and country planning: Amendment of the Town and Country

Planning (Control of Advertisements) (England) Regulations 2007, Town and

country planning: responsibilities of housing authorities, and Town and country

planning: offences) come into force two months after the day on which this Act

is passed.

(2)
Sections (Town and country planning: Amendment of the Town and Country

Planning (Control of Advertisements) (England) Regulations 2007, Town and

country planning: responsibilities of housing authorities, and Town and country

planning: offences) extend to England only.’.

Investment in local businesses

Richard Fuller

NC18

To move the following Clause:—

‘The Secretary of State for Business, Innovation and Skills shall conduct a review

of how his Department can encourage local investment in local businesses, and

lay a copy of the report before the House of Commons before 1 December 2012.’.

Notices of Amendments: 12 October 2012
317

Enterprise and Regulatory Reform Bill, continued

European regulation on business

Richard Fuller

NC19

To move the following Clause:—

‘The Secretary of State for Business, Innovation and Skills shall produce a report

each year following commencement of this Act to demonstrate how the

Government has applied the “one in, one out” regulatory principle to European

regulations on business in that year.’.

Local authorities: powers relating to deemed consent

Mr Nicholas Brown

Ian Mearns

Mrs Sharon Hodgson

Fabian Hamilton

Catherine McKinnell

Paul Blomfield

Total signatories: 7

Frank Dobson

NC20


To move the following Clause:—

‘(1)
Part 2 Regulation 7 of the Town and Country Planning (Control of

Advertisements) (England) Regulations 2007 is amended as follows.

(2)
In item (1) delete “Secretary of State” and insert “local authority”.

(3)
In item (1) delete “upon a proposal made to her by the local planning authority”.

(4)
In item (1) delete “she” and insert “the local authority”.

(5)
In item (2) delete “ Secretary of State” and insert “local authority”.

(6)
In item (2b) delete “her” and insert “the local authority’s”.

(7)
In item (3) delete “Secretary of State” and insert “local authority”.

(8)
In item (4) delete “Secretary of State” and insert “local authority”.

(9)
In item (5) delete “ Secretary of State” and insert “local authority”.

(10)
In item (5b) delete “the local planning authority and to any other” and insert

“any”.

(11)
In item (5) delete part (c).

(12)
In item (5b) delete “her” and insert “the local authority”.

(13)
In item (5c(i)) delete “she” and insert “the local authority”.

(14)
In item (5c(i)) delete “her” and insert “the local authority’s”.

(15)
In item (6) delete from “Where” to end and insert “Where the local authority

makes a direction it shall send a copy of its reasons to every person who has made

a paragraph (3) representation.”.

(16)
In item (7) delete “unless the Secretary of State otherwise directs”.

Notices of Amendments: 12 October 2012
318

Enterprise and Regulatory Reform Bill, continued

Restriction of advertisement relating to property lettings

Mr Nicholas Brown

Ian Mearns

Mrs Sharon Hodgson

Fabian Hamilton

Catherine McKinnell

Paul Blomfield

Total signatories: 7

Frank Dobson

NC21


To move the following Clause:—

‘(1)
Local authorities in England which enjoy day-to-day responsibility for housing

policy within their local authority area may make by-laws restricting for all or

part of the authority the display of external advertisements concerning property

lettings.

(2)
It shall be an offence to display an external advertisement concerning property

letting in areas or cases where the Local Planning Authority has, under subsection

(1), passed a by-law prohibiting external advertisements concerning property

letting.

(3)
A person found guilty of an offence under subsection (2) is liable, on summary

conviction, to a fine not exceeding level 4 on the standard scale.

(4)
A person found guilty of a second or subsequent offence under subsection (2) is

liable, on summary conviction, to a fine not exceeding level 5 on the standard

scale for each such offence.’.

Interpretation of the green purposes: duty to assess impact on the Climate Change Act

2008

Mr Chuka Umunna

Caroline Flint

Caroline Lucas

Mr Iain Wright

Ian Murray

Chi Onwurah

Total signatories: 8

Mr Tim Yeo

Jonathan Edwards

NC22


To move the following Clause:—

‘(1)
In interpreting the purposes in section (1)(1)(a) to (e), it is the duty of the UK

Green Investment Bank to assess whether the implementation of its investment

strategy, or similar document outlining or amending the proposed investment

portfolio of the UK Green Investment Bank will, as a whole, increase the

likelihood of achieving carbon budgets and greenhouse reduction targets as set

out under the Climate Change Act 2008.

(2)
In subsection (1), whether or not an investment strategy will increase the

likelihood of achieving carbon budgets and greenhouse gas reduction targets shall

Notices of Amendments: 12 October 2012
319

Enterprise and Regulatory Reform Bill, continued

be assessed compared to a scenario where identified investments or investment

categories did not proceed.

(3)
In undertaking the assessment required under subsection (1), it is the duty of the

UK Green Investment Bank to have regard to the advice and reports of the

Committee on Climate Change required under sections 34, 36 and 38 of the

Climate Change Act 2008.

(4)
The Board must make a decision to adopt or amend its investment strategy or

similar document described in subsection (1), unless it is satisfied, as a result of

the assessment in subsection (1), that the proposed investment portfolio will, as a

whole, increase the likelihood of achieving carbon budgets and greenhouse gas

reduction targets under the Climate Change Act 2008.’.

Public interest interventions in mergers

Mr Chuka Umunna

Mr Iain Wright

Ian Murray

Chi Onwurah

NC23

To move the following Clause:—

‘(1)
Part 3 of the Enterprise Act 2002 is amended as follows.

(2)
After subection (2) insert—

“(3)
The effects of the proposed merger on the long-term competitiveness of

the UK economy”.’.

Remuneration committees: employee representation

Mr Chuka Umunna

Mr Iain Wright

Ian Murray

Chi Onwurah

NC24


To move the following Clause:—

‘The Secretary of State will provide for a requirement that an employee

representative should be a member of the remuneration committee of the relevant

body corporate in an advisory capactiy.’.

The UK Green Investment Bank: prohibition on investment in nuclear power or the



© Parliamentary copyright	Revised 15 October 2012