House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Consideration of Bill: 16 October 2012
392

Enterprise and Regulatory Reform Bill, continued

Remaining new clauses

Duty of company directors to protect consumer pre-payments

Katy Clark

Mr George Galloway

Mrs Linda Riordan

Mr Mike Weir

Caroline Lucas

Jeremy Corbyn

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

Consideration of Bill: 16 October 2012
393

Enterprise and Regulatory Reform Bill, continued

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.’.

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.’.

Consideration of Bill: 16 October 2012
394

Enterprise and Regulatory Reform Bill, continued

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.’.

Local authorities: powers relating to deemed consent

Mr Nicholas Brown

Ian Mearns

Mrs Sharon Hodgson

Fabian Hamilton

Catherine McKinnell

Paul Blomfield

Total signatories: 7

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”.

Consideration of Bill: 16 October 2012
395

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

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.’.

Review of legislation relating to health and safety at work and application of sunset and

review provisions to this legislation

Katy Clark

John McDonnell

Mrs Linda Riordan

Caroline Lucas

Mr George Galloway

Grahame M. Morris

NC26


To move the following Clause:—

‘(1)
The Secretary of State must—

(a)
carry out a review of the effectiveness of all existing legislation relating

to health and safety at work, and

(b)
prepare and publish a report setting out the conclusions of the review.

(2)
The review and report must quantify, in particular—

(a)
the effectiveness of the legislation in terms reducing deaths, injuries and

sickness in the workplace,

(b)
the human cost, and full societal costs of work-related injuries, deaths

and ill-health in terms of pain and suffering, injuries, sickness and years

of life lost, and

Consideration of Bill: 16 October 2012
396

Enterprise and Regulatory Reform Bill, continued

(c)
the full societal costs of the impact of the legislation including those costs

resulting from welfare and healthcare spending, and resulting from the

number of days lost in the workplace due to ill-health.

(3)
Subordinate legislation under section 14A of the Interpretation Act 1978 in

respect of any provision relating to health and safety at work may not be made

until after the report has been published.’.

Information about payments to recruitment and remuneration consultants in respect of

directors’ remuneration

Mr Chuka Umunna

Mr Iain Wright

Ian Murray

Chi Onwurah

NC27


To move the following Clause:—

‘After section 413 of the Companies Act 2006 (Information about directors’

benefits: advances, credit and guarantees) insert—

“413A
Information about payments to recruitment and remuneration

consultants

The Secretary of State may make provision by regulations requiring

information to be given in notes to a company’s annual accounts about

payments made in the relevant accounting period in respect of

recruitment and remuneration advice relating to directors, including

information specifying any fees that have been paid in proportion to the

remuneration agreed for a director.”.’.

Remaining New Schedules; remaining proceedings on consideration

Katy Clark

90


Title,  line  7,  after ‘about’, insert ‘duties of and’.

Mr Nicholas Brown

91


Title,  line  7,  after ‘directors;’, insert ‘to make provision about advertisements concerning

property lettings;’.

Consideration of Bill: 16 October 2012
397

Enterprise and Regulatory Reform Bill, continued

Order of the House [11 JUNE 2012]

That the following provisions shall apply to the Enterprise and Regulatory Reform

Bill—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 17 July 2012.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

ENTERPRISE AND REGULATORY REFORM BILL (PROGRAMME) (NO. 2)

Secretary Vince Cable

That the Order of 11 June 2012 (Enterprise and Regulatory Reform Bill (Programme))

be varied as follows:

1.
Paragraphs 4 and 5 of the Order shall be omitted.

2.
Proceedings on Consideration and Third Reading shall be completed in two

days.

3.
Proceedings on Consideration shall be taken in the order shown in the first

column of the following Table.

4.
The proceedings shall (so far as not previously concluded) be brought to a

conclusion at the times specified in the second column of the Table.

              TABLE

Proceedings
Time for conclusion of proceedings

New Clauses relating to civil
4.15 pm on the first day

liability for the breach of health and

safety duties; new Clauses and new

Schedules relating to the

determination of bankruptcy

applications by adjudicators.

New Clauses relating to the
6.00 pm on the first day

Equality Act 2010.

New Clauses relating to the
7.00 pm on the first day

regulation of estate agents; new

Clauses and new Schedules relating

to listed buildings and amendments

to Schedule 16; new Clauses

relating to the Osborne estate.

New Clauses and new Schedules
4.00 pm on the second day

relating to, and amendments to,

Part 2; new Clauses and new

Schedules relating to, and

amendments to, Part 1.

Amendments to Clauses 61 to 64;
6.00 pm on the second day

amendments to Part 6 (other than

amendments to Clauses 61 to 64);

remaining new Clauses and

remaining new Schedules relating

to, and amendments to, Part 5

(other than amendments to

Schedule 16); new Clauses and

new Schedules relating to, and

amendments to, Parts 3 and 4;

remaining new Clauses; remaining

new Schedules; remaining

proceedings on Consideration.

Consideration of Bill: 16 October 2012
398

Enterprise and Regulatory Reform Bill, continued

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at 7.00 pm on the second day.

NOTICES WITHDRAWN

The following Notices were withdrawn on 15 October 2012:

Amendments 79, 84, NC24, 88, 85, 87 and 68.



© Parliamentary copyright	Revised 16 October 2012