House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

347

House of Commons

Tuesday 16 October 2012

Consideration of Bill

New Amendments handed in are marked thus

Enterprise and Regulatory Reform Bill, As Amended

Note

The Amendments have been arranged in accordance with the Enterprise and

Regulatory Reform Bill (Programme) (No. 2) Motion to be proposed by Secretary

Vince Cable.

NEW CLAUSES relating to civil liability for the breach of health and

safety duties

Civil liability for breach of health and safety duties

Secretary Vince Cable

NC14

To move the following Clause:—

‘(1)
Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is

amended as set out in subsections (2) to (7).

(2)
In subsection (1), omit paragraph (b) (including the “or” at the end of that

paragraph).

(3)
For subsection (2) substitute—

“(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).

Consideration of Bill: 16 October 2012
348

Enterprise and Regulatory Reform Bill, continued

(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

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.’.

Consideration of Bill: 16 October 2012
349

Enterprise and Regulatory Reform Bill, continued

New Clauses and new schedules relating to the determination of

bankruptcy applications by adjudicators

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.

(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.’.

Consideration of Bill: 16 October 2012
350

Enterprise and Regulatory Reform Bill, continued

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—

(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

Consideration of Bill: 16 October 2012
351

Enterprise and Regulatory Reform Bill, continued

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

(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.



© Parliamentary copyright	Revised 16 October 2012