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| | promoting awareness of employement rights and promoting training for employement.’. |
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| Page 12, line 5 [Clause 15], after ‘insert’, insert ‘is concerned with a private |
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| | contractural disclosure this’. |
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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 13, line 24 [Clause 19], after ‘United Kingdom’, insert ‘and to promote |
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| | choice in the local retail sector’. |
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| | Page 13, line 24 [Clause 19], after ‘United Kingdom’, insert ‘and to promote |
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| | growth of locally-owned businesses’. |
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| | Page 13, line 24 [Clause 19], after ‘United Kingdom’, insert ‘and to promote the |
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| | establishment of new businesses’. |
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| | Page 14, line 27 [Clause 21], leave out ‘or similar to’. |
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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 43, line 1 [Clause 50], leave out ‘may’ and insert ‘must’. |
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| | Page 43, line 5 [Clause 50], after ‘specified period’, insert ‘, or’. |
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| | Page 43, line 6 [Clause 50], after ‘specified period’, insert ‘, or’. |
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| | Page 43, line 10 [Clause 50], leave out line 10 and insert ‘If the provision is made |
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| | by virtue of subsection (2)(a), it includes’. |
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| | Page 43, line 19 [Clause 50], leave out ‘may’ and insert ‘must if necessary’. |
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| | Page 43, line 27, leave out Clause 52. |
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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 49, line 19 [Clause 59], at end insert— |
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| | | ‘(7) | The Secretary of State must have regard to any feasibility study commissioned on |
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| | | the licensing of orphan works in advance of the regulations being laid before |
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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 52, line 11 [Clause 61], leave out subsection (b) and insert— |
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| | | ‘(b) | and annually thereafter.’. |
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| | | Page 52, line 42 [Clause 61], leave out subsection (b) and insert— |
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| | | ‘(b) | the resolution under subsection— |
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| | | (i) | in respect of directors’ remuneration policy must obtain the |
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| | | approval of 75 per cent of those members who voted.’. |
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| | | Page 53, line 9 [Clause 61], at end insert— |
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| | | ‘(8) | In section 419 of the Companies Act 2006 (Information about directors’ benefit: |
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| | | remuneration), after subsection (2)(e) insert— |
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| | | “(f) | fees paid in the last to recruitment consultants in respect of work |
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| | | undertaken for the company in respect of recruitment and |
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| | | remuneration advice, including highlighting where fees are paid |
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| | | as a proportion of total remuneration agreement for a director.”.’. |
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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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| | |
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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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| | |
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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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