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| New Amendments handed in are marked thus  |
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| Enterprise and Regulatory Reform Bill, As Amended
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| | The Amendments have been arranged in accordance with the Enterprise and |
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| | Regulatory Reform Bill (Programme) (No. 2) Motion to be proposed by Secretary |
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| NEW CLAUSES relating to civil liability for the breach of health and |
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| | Civil liability for breach of health and safety duties |
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| To move the following Clause:— |
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| | ‘(1) | Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is |
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| | amended as set out in subsections (2) to (7). |
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| | (2) | In subsection (1), omit paragraph (b) (including the “or” at the end of that |
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| | (3) | For subsection (2) substitute— |
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| | “(2) | Breach of a duty imposed by a statutory instrument containing (whether |
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| | alone or with other provision) health and safety regulations shall not be |
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| | actionable except to the extent that regulations under this section so |
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| | (2A) | Breach of a duty imposed by an existing statutory provision shall not be |
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| | actionable except to the extent that regulations under this section so |
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| | provide (including by modifying any of the existing statutory |
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| | (2B) | Regulations under this section may make provision about the extent to |
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| | which breach of a duty imposed by other health and safety legislation is |
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| | actionable (including by modifying that legislation). |
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| | (2C) | The reference in subsection (2B) to “other health and safety legislation” |
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| | (a) | any provision of an enactment which relates to any matter |
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| | relevant to any of the general purposes of this Part but is not |
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| | among the relevant statutory provisions; and |
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| | (b) | any provision of an instrument made or having effect under any |
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| | such enactment as is mentioned in paragraph (a) other than a |
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| | provision of a statutory instrument that contains (with other |
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| | provision) health and safety regulations. |
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| | (2D) | Regulations under this section may include provision for— |
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| | (a) | a defence to be available in any action for breach of the duty |
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| | mentioned in subsection (2), (2A) or (2B); |
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| | (b) | any term of an agreement which purports to exclude or restrict |
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| | any liability for such a breach to be void.” |
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| | (4) | In subsection (3), omit the words from “, whether brought by virtue of subsection |
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| | (a) | for “and (2)” substitute “, (2) and (2A)”, and |
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| | (b) | for “(3)” substitute “(2D)(a)”. |
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| | (6) | Omit subsections (5) and (6). |
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| | (7) | After subsection (6) insert— |
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| | “(7) | The power to make regulations under this section shall be exercisable by |
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| | (8) | The Secretary of State must obtain the consent of the Welsh Ministers |
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| | before making any regulations by virtue of subsection (2B) that contain |
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| | provision which would be within the legislative competence of the |
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| | National Assembly for Wales if it were contained in an Act of the |
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| | (8) | In section 82 of the Health and Safety at Work etc. Act 1974 (general provisions |
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| | (a) | in subsection (3), after “subsection (4)” insert “or (5)”, and |
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| | (b) | after subsection (4) insert— |
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| | “(5) | A statutory instrument containing (whether alone or with other |
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| | provision) regulations made by virtue of section 47(2B) shall not |
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| | be made unless a draft has been laid before and approved by |
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| | resolution of each House of Parliament.” |
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| | (9) | Where, on the commencement of this section, there is in force an Order in Council |
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| | made under section 84(3) of the Health and Safety at Work etc. Act 1974 that |
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| | applies to matters outside Great Britain any of the provisions of that Act that are |
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| | amended by this section, that Order is to be taken as applying those provisions as |
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| | (10) | The amendments made by this section do not apply in relation to breach of a duty |
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| | which it would be within the legislative competence of the Scottish Parliament to |
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| | impose by an Act of that Parliament. |
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| | (11) | The amendments made by this section do not apply in relation to breach of a duty |
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| | where that breach occurs before the commencement of this section.’. |
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| New Clauses and new schedules relating to the determination of |
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| bankruptcy applications by adjudicators |
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| To move the following Clause:— |
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| | ‘(1) | In Part 14 of the Insolvency Act 1986 (public administration (England and |
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| | Wales)), before section 399 and the cross-heading which precedes it insert— |
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| | 398A | Appointment etc of adjudicators and assistants |
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| | (1) | The Secretary of State may appoint persons to the office of adjudicator. |
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| | (2) | A person appointed under subsection (1)— |
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| | (a) | is to be paid out of money provided by Parliament such salary as |
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| | the Secretary of State may direct, |
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| | (b) | holds office on such other terms and conditions as the Secretary |
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| | (c) | may be removed from office by a direction of the Secretary of |
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| | (3) | A person who is authorised to act as an official receiver may not be |
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| | appointed under subsection (1). |
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| | (4) | The Secretary of State may appoint officers of the Secretary of State’s |
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| | department to assist adjudicators in the carrying out of their functions.” |
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| | (2) | In Part 9 of that Act (bankruptcy), before Chapter 1 insert the Chapter set out in |
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| | Schedule [Adjudicators: bankruptcy applications by debtors and bankruptcy |
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| | orders] (adjudicators: bankruptcy applications by debtors and bankruptcy |
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| | (3) | Schedule [Adjudicators: minor and consequential amendments] (adjudicators: |
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| | minor and consequential amendments) has effect.’. |
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| To move the following Schedule:— |
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| | ‘Adjudicators: bankruptcy applications by debtors and bankruptcy orders |
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| | Adjudicators: bankruptcy applications by debtors and bankruptcy |
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| | 263H | Bankruptcy applications to the adjudicator |
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| | (1) | An individual may make an application to an adjudicator in |
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| | accordance with this Chapter for a bankruptcy order to be made |
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| | (2) | An individual may make a bankruptcy application only on the ground |
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| | that the individual is unable to pay his or her debts. |
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| | 263I | Debtors against whom an adjudicator may make a bankruptcy order |
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| | (1) | An adjudicator has jurisdiction to determine a bankruptcy application |
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| | (a) | the centre of the debtor’s main interests is in England and |
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| | (b) | the centre of the debtor’s main interests is not in a member |
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| | state of the European Union which has adopted the EC |
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| | Regulation, but the test in subsection (2) is met. |
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| | (a) | the debtor is domiciled in England and Wales, or |
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| | (b) | at any time in the period of three years ending with the day on |
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| | which the application is made to the adjudicator, the debtor— |
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| | (i) | has been ordinarily resident, or has had a place of |
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| | residence, in England and Wales, or |
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| | (ii) | has carried on business in England and Wales. |
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| | (3) | The reference in subsection (2) to the debtor carrying on business |
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| | (a) | the carrying on of business by a firm or partnership of which |
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| | the debtor is a member, and |
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| | (b) | the carrying on of business by an agent or manager for the |
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| | debtor or for such a firm or partnership. |
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| | (4) | In this section, references to the centre of the debtor’s main interests |
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| | have the same meaning as in Article 3 of the EC Regulation. |
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| | 263J | Conditions applying to bankruptcy application |
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| | (1) | A bankruptcy application must include— |
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| | (a) | such particulars of the debtor’s creditors, debts and other |
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| | liabilities, and assets, as may be prescribed, and |
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| | (b) | such other information as may be prescribed. |
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| | (2) | A bankruptcy application is not to be regarded as having been made |
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| | unless any fee or deposit required in connection with the application |
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| | by an order under section 415 has been paid to such person, and within |
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| | such period, as may be prescribed. |
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| | (3) | A bankruptcy application may not be withdrawn. |
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| | (4) | A debtor must notify the adjudicator if, at any time before a |
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| | bankruptcy order is made against the debtor or the adjudicator refuses |
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| | (a) | the debtor becomes able to pay his or her debts, or |
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| | (b) | a bankruptcy petition has been presented to the court in |
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| | 263K | Determination of bankruptcy application |
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| | (1) | After receiving a bankruptcy application, an adjudicator must |
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| | determine whether the following requirements are met— |
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| | (a) | the adjudicator had jurisdiction under section 263I to |
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| | determine the application on the date the application was |
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| | (b) | the debtor is unable to pay his or her debts at the date of the |
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| | (c) | no bankruptcy petition is pending in relation to the debtor at |
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| | the date of the determination, and |
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| | (d) | no bankruptcy order has been made in respect of any of the |
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| | debts which are the subject of the application at the date of the |
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| | (2) | If the adjudicator is satisfied that each of the requirements in |
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| | subsection (1) are met, the adjudicator must make a bankruptcy order |
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| | (3) | If the adjudicator is not so satisfied, the adjudicator must refuse to |
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| | make a bankruptcy order against the debtor. |
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| | (4) | The adjudicator must make a bankruptcy order against the debtor or |
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| | refuse to make such an order before the end of the prescribed period |
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| | (“the determination period”). |
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| | 263L | Adjudicator’s requests for further information |
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| | (1) | An adjudicator may at any time during the determination period |
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| | request from the debtor information that the adjudicator considers |
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| | necessary for the purpose of determining whether a bankruptcy order |
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| | (2) | The adjudicator may specify a date before which information |
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| | requested under subsection (1) must be provided; but that date must |
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| | not be after the end of the determination period. |
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| | (3) | If the rules so prescribe, a request under subsection (1) may include a |
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| | request for information to be given orally. |
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| | (4) | The rules may make provision enabling or requiring an adjudicator to |
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| | request information from persons of a prescribed description in |
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| | prescribed circumstances. |
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