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| thinks fit’ and insert ‘by the Secretary of State following consultation with the TUC and |
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| Page 9, line 38 [Clause 13], after ‘13(2)(b)’ insert ‘(ii)’. |
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| Page 10, line 1, leave out Clause 14. |
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| Page 10, line 11 [Clause 14], at end 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 18A of this |
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| Page 10, line 14 [Clause 14], at end insert— |
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| | ‘(1A) | The Secretary of State shall by regulations provide for an employer to pay a |
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| | penalty to the Secretary of State for each period of time (as specified in those |
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| | regulations) that passes during which an award of compensation under Part X of |
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| | the Employment Rights Act 1996 has not yet been paid by the employer.’. |
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| Page 10, line 17 [Clause 14], leave out from ‘£5,000’ until end of line 4 on page 11. |
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| Page 10 [Clause 14], leave out lines 20 to 25. |
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| Page 11, line 47 [Clause 14], after ‘Fund’, insert ‘to be spent with the objective of |
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| promoting awareness of employment rights and promoting training for employment.’. |
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| Page 12, line 4 [Clause 15], leave out from ‘(protection),’ to end of line 5, and |
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| insert ‘after subsection 2, insert— |
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| | “(2A) | The disclosure of information relating to a private contractual matter to which the |
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| | person making the disclosure is party is not a qualifying disclosure unless the |
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| | worker making the disclosure reasonably believes it to be made in the public |
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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 65, line 22 [Schedule 2], leave out ‘one month’ and insert ‘six months’. |
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| New Clauses and new schedules relating to, and amendments to, part 1 |
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| | Interpretation of the green purposes: duty to assess impact on the Climate Change Act |
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| To move the following Clause:— |
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| | ‘(1) | In interpreting the purposes in section 1(1)(a) to (e), it is the duty of the UK Green |
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| | Investment Bank to assess whether the implementation of its investment strategy, |
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| | or similar document outlining or amending the proposed investment portfolio of |
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| | the UK Green Investment Bank will, as a whole, increase the likelihood of |
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| | achieving carbon budgets and greenhouse reduction targets as set out under the |
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| | |
| | (2) | In subsection (1), whether or not an investment strategy will increase the |
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| | likelihood of achieving carbon budgets and greenhouse gas reduction targets shall |
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| | be assessed compared to a scenario where identified investments or investment |
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| | categories did not proceed. |
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| | (3) | In undertaking the assessment required under subsection (1), it is the duty of the |
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| | UK Green Investment Bank to have regard to the advice and reports of the |
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| | Committee on Climate Change required under sections 34, 36 and 38 of the |
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| | |
| | (4) | The Board must make a decision to adopt or amend its investment strategy or |
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| | similar document described in subsection (1), unless it is satisfied, as a result of |
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| | the assessment in subsection (1), that the proposed investment portfolio will, as a |
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| | whole, increase the likelihood of achieving carbon budgets and greenhouse gas |
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| | reduction targets under the Climate Change Act 2008.’. |
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| | The UK Green Investment Bank: prohibition on investment in nuclear power or the |
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| To move the following Clause:— |
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| | ‘The UK Green Investment Bank may not engage in activities that involve |
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| | facilitating or encouraging investment in nuclear power or the nuclear industry.’. |
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| Page 1, line 11 [Clause 1], at end add— |
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| | ‘(3) | In undertaking investments in accordance with the green purposes outlined in |
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| | subsection (1), the UK Green Investment Bank will identify opportunities in |
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| | which small and medium-sized enterprises can be awarded contracts.’. |
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| Page 2, line 8 [Clause 2], leave out ‘in the United Kingdom’ and insert ‘(whether in |
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| the United Kingdom or elsewhere)’. |
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| Page 2, line 18 [Clause 2], leave out from ‘section’ to end of line 19 and insert ‘— |
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| | (a) | is to be made by statutory instrument, and |
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| | (b) | is not to be made unless a draft of the instrument has been laid before, and |
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| | approved by a resolution of, each House of Parliament.’. |
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| Page 2, line 37 [Clause 3], leave out ‘in the United Kingdom’ and insert ‘(whether |
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| in the United Kingdom or elsewhere)’. |
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| Page 3, line 24 [Clause 4], at end add— |
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| | ‘(7) | Subject to approval by the European Commission of the State aid notification |
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| | concerning the establishment of the UK Green Investment Bank, it is the duty of |
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| | the Secretary of State to provide the European Commission with State aid |
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| | notification concerning the intention to allow the Bank to borrow, including |
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| | borrowing from the capital markets. |
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| | (8) | The duty in subsection (7) must be fulfilled not later than 31 December 2013.’. |
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| Page 3, line 24 [Clause 4], at end add— |
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| | ‘(7) | Subject to the approval by the European Commission of the State aid notification |
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| | concerning the establishment of the UK Green Investment Bank, the Secretary of |
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| | State shall provide the European Commission with State aid notification |
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| | concerning the intention to allow the Bank to borrow, including borrowing from |
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| | |
| | (8) | The duty in subsection (7) must be fulfilled no later than 31 December 2013. |
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| | (9) | It is the duty of HM Treasury and the Secretary of State to either— |
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| | (a) | permit the UK Green Investment Bank to begin borrowing from the |
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| | capital markets by April 2015, or |
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| | (b) | to present to Parliament a report within one month of the passage of this |
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| | Act giving a clear, certain, alternative date for the UK Green Investment |
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| | Bank to begin borrowing, based on Office for Budget Responsibility |
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| | forecasts for the public finances and advice from the Green Investment |
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| | Bank on its need for borrowing powers, |
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| | | both subject to the European Commission approving the State aid notification |
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| Page 3, line 24 [Clause 4], at end add— |
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| | ‘( ) | Subject to approval by the European Commission of the State aid notification |
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| | concerning the establishment of the UK Green Investment Bank, it is the duty of |
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| | the Secretary of State to provide the European Commission with State aid |
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| | notification concerning the intention to allow the Bank to borrow, including |
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| | borrowing from the capital markets. |
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| | ( ) | The duty in the above subsection must be fulfilled no later than 31 December |
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| | |
| | ( ) | In the event the European Commission approves the State aid notification |
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| | concerning borrowing, it is the duty of the Treasury and of the Secretary of State |
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| | to permit the Green Investment Bank to begin borrowing from the capital markets |
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| | no later than 30 June 2015, or, if State aid approval has not been received by that |
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| | date, no later than one month from the date of approval.’. |
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| Page 3, line 27 [Clause 5], leave out from ‘treated’ to ‘as’ in line 28. |
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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 9 [Clause 6], at end add— |
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| | ‘(5) | The Secretary of State will be required to receive independent expert review of |
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| | the performance of the UK Green Investment Bank. |
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| | (6) | The Secretary of State will be required to receive such a review no less than every |
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| | |
| | (7) | An interim review no less frequently than every two and half years. |
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| | (8) | The independent expert review in subsection (5) must, in particular, include or |
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| | contain information relating to— |
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| | (a) | an assessment of the UK Green Investment Bank’s environmental |
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| | performance in fulfilling the green purposes as set out in section 1. |
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| | (b) | an analysis of the main trends and factors likely to affect the future |
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| | development, performance and investments of the UK Green Investment |
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| | |
| | (c) | macroeconomic analysis, including assessments of demand in the UK |
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| | economy and international factors likely to affect green investment and |
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| | skills within the relevant industries, |
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| | (d) | assessment of the competitveness of the UK Green Investment Bank in |
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| | securing competitive advantage for the UK in green and low carbon |
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| | economies relative to other countries, and |
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| | (e) | recommendations to improve the UK Green Investment Bank’s impact in |
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| | fulfilling its green purposes in section 1. |
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| | (9) | Prior to the commencement of a review in relation to subsection (5), the Secretary |
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| | of State must request the views of— |
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| | (a) | The Secretary of State for Energy and Climate Change, |
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| | (b) | The Secretary of State for Environment, Food and Rural Affairs, |
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| | (c) | The Committee on Climate Change, |
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| | (d) | Ministers from the devolved administrations, |
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| | (e) | investors and interested parties, and |
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| | (f) | members of the public, |
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| | | and provide a copy of the results of the consultations to the person or persons |
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| | undertaking the independent review. |
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| | (10) | The Secretary of State, in the capacity of shareholder, must provide such |
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| | information as he considers reasonable to enable the person or body undertaking |
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| | the review to fulfill the requirements of this subsection. |
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| | (11) | A review made in relation to subsection (5) must be published and laid before |
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| | both Houses of Parliament.’. |
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| |
| Amendments to clauses 61 to 64 |
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| Page 51, line 23 [Clause 61], at end insert— |
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| | ‘(1A) | A representative of the company’s employees must be consulted in the |
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| | preparation of any such revision.’. |
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| Page 52, line 5 [Clause 61], leave out ‘ordinary’ and insert ‘special’. |
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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 17 [Clause 61], leave out ‘ordinary’ and insert ‘special’. |
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