|
|
| |
| | |
|
| “(5A) | Nothing in section 226B or 226C applies in relation to a |
|
| remuneration payment or (as the case may be) a payment for loss of |
|
| office made to a person who is, or is to be or has been, a director of |
|
| a quoted company before the earlier of— |
|
| (a) | the end of the first financial year of the company to begin on |
|
| or after the day on which it becomes a quoted company, and |
|
| (b) | the date from which the company’s first directors’ |
|
| remuneration policy to be approved under section 439A |
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| |
52 | Page 69, line 43, leave out “Subject to subsections (3) and (4),” |
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53 | Page 70, line 10, leave out “it” and insert “— |
|
| (a) | subsection (2) does not apply, |
|
| |
54 | Page 70, line 16, leave out from end of line to “is” in line 17 and insert— |
|
| “( ) | subsection (2) does not apply, |
|
| |
55 | Page 70, line 21, at end insert— |
|
| “(5) | If in proceedings against a director for the enforcement of a liability |
|
| |
| (a) | the director shows that he or she has acted honestly and |
|
| |
| (b) | the court considers that, having regard to all the |
|
| circumstances of the case, the director ought to be relieved |
|
| |
| | the court may relieve the director, either wholly or in part, from |
|
| liability on such terms as the court thinks fit.” |
|
|
56 | Page 70, line 45, after “company” insert “other than a payment to which section |
|
| 226C does not apply by virtue of section 226D(5A)” |
|
57 | Page 71, line 11, after “concerned,” insert— |
|
| “( ) | particulars of any remuneration payment (within the meaning of |
|
| Chapter 4A of Part 10) made or to be made to the person after |
|
| ceasing to be a director, including its amount and how it was |
|
| |
58 | Page 71, line 13, leave out “Chapter 4A of Part 10” and insert “that Chapter” |
|
59 | Page 71, line 13, after “made” insert “or to be made” |
|
|
60 | Page 72, line 16, at end insert— |
|
| “( ) | In relation to a company that is a quoted company immediately before the |
|
| day on which section 70 of this Act comes into force, section 439A(1)(a) of |
|
| the Companies Act 2006 (as inserted by section 70(4) of this Act) applies as |
|
| |
|
|
| |
| | |
|
| (a) | the reference to the day on which the company becomes a quoted |
|
| company were a reference to the day on which section 70 of this Act |
|
| |
| (b) | at the end of the paragraph (but before the “, and”) there were |
|
| inserted “or at an earlier general meeting”. |
|
| ( ) | In relation to a company that is a quoted company immediately before the |
|
| day on which section 70 of this Act comes into force, section 226D(5A)(a) of |
|
| the Companies Act 2006 (as inserted by section 71 of this Act) applies as if |
|
| the reference to the day on which the company becomes a quoted company |
|
| were a reference to the day on which section 70 of this Act comes into |
|
| |
61 | Page 72, line 17, leave out subsection (1) |
|
62 | Page 72, line 21, leave out subsection (2) |
|
63 | Page 73, line 2, leave out “(2) or” |
|
|
64 | Insert the following new Clause— |
|
| |
| (1) | The Secretary of State may by regulations require a regulated person to |
|
| |
| (a) | to a customer, at the customer’s request; |
|
| (b) | to a person who is authorised by a customer to receive the data, at |
|
| the customer’s request or, if the regulations so provide, at the |
|
| authorised person’s request. |
|
| (2) | “Regulated person” means— |
|
| (a) | a person who, in the course of a business, supplies gas or electricity |
|
| |
| (b) | a person who, in the course of a business, provides a mobile phone |
|
| |
| (c) | a person who, in the course of a business, provides financial |
|
| services consisting of the provision of current account or credit card |
|
| |
| (d) | any other person who, in the course of a business, supplies or |
|
| provides goods or services of a description specified in the |
|
| |
| (3) | “Customer data” means information which— |
|
| (a) | is held in electronic form by or on behalf of the regulated person, |
|
| |
| (b) | relates to transactions between the regulated person and the |
|
| |
| (4) | Regulations under subsection (1) may make provision as to the form in |
|
| which customer data is to be provided and when it is to be provided (and |
|
| any such provision may differ depending on the form in which a request |
|
| |
| (5) | Regulations under subsection (1)— |
|
|
|
| |
| | |
|
| (a) | may authorise the making of charges by a regulated person for |
|
| complying with requests for customer data, and |
|
| (b) | if they do so, must provide that the amount of any such charge— |
|
| (i) | is to be determined by the regulated person, but |
|
| (ii) | may not exceed the cost to that person of complying with |
|
| |
| (6) | Regulations under subsection (1)(b) may provide that the requirement |
|
| applies only if the authorised person satisfies any conditions specified in |
|
| |
| (7) | In deciding whether to specify a description of goods or services for the |
|
| purposes of subsection (2)(d), the Secretary of State must (among other |
|
| things) have regard to the following— |
|
| (a) | the typical duration of the period during which transactions |
|
| between suppliers or providers of the goods or services and their |
|
| |
| (b) | the typical volume and frequency of the transactions; |
|
| (c) | the typical significance for customers of the costs incurred by them |
|
| through the transactions; |
|
| (d) | the effect that specifying the goods or services might have on the |
|
| ability of customers to make an informed choice about which |
|
| supplier or provider of the goods or services, or which particular |
|
| goods or services, to use; |
|
| (e) | the effect that specifying the goods or services might have on |
|
| competition between suppliers or providers of the goods or |
|
| |
| (8) | The power to make regulations under this section may be exercised— |
|
| (a) | so as to make provision generally, only in relation to particular |
|
| descriptions of regulated persons, customers or customer data or |
|
| only in relation to England, Wales, Scotland or Northern Ireland; |
|
| (b) | so as to make different provision for different descriptions of |
|
| regulated persons, customers or customer data; |
|
| (c) | so as to make different provision in relation to England, Wales, |
|
| Scotland and Northern Ireland; |
|
| (d) | so as to provide for exceptions or exemptions from any requirement |
|
| imposed by the regulations, including doing so by reference to the |
|
| costs to the regulated person of complying with the requirement |
|
| (whether generally or in particular cases). |
|
| (9) | For the purposes of this section, a person (“C”) is a customer of another |
|
| |
| (a) | C has at any time, including a time before the commencement of |
|
| this section, purchased (whether for the use of C or another person) |
|
| goods or services supplied or provided by R or received such goods |
|
| or services free of charge, and |
|
| (b) | the purchase or receipt occurred— |
|
| (i) | otherwise than in the course of a business, or |
|
| (ii) | in the course of a business of a description specified in the |
|
| |
| (10) | In this section, “mobile phone service” means an electronic |
|
| communications service which is provided wholly or mainly so as to be |
|
|
|
| |
| | |
|
| available to members of the public for the purpose of communicating with |
|
| others, or accessing data, by mobile phone.” |
|
65 | Insert the following new Clause— |
|
| “Supply of customer data: enforcement |
|
| (1) | Regulations may make provision for the enforcement of regulations under |
|
| section (Supply of customer data) (“customer data regulations”) by the |
|
| Information Commissioner or any other person specified in the regulations |
|
| (and, in this section, “enforcer” means a person on whom functions of |
|
| enforcement are conferred by the regulations). |
|
| (2) | The provision that may be made under subsection (1) includes provision— |
|
| (a) | for applications for orders requiring compliance with the customer |
|
| data regulations to be made by an enforcer to a court or tribunal; |
|
| (b) | for notices requiring compliance with the customer data |
|
| regulations to be issued by an enforcer and for the enforcement of |
|
| such notices (including provision for their enforcement as if they |
|
| were orders of a court or tribunal). |
|
| (3) | The provision that may be made under subsection (1) also includes |
|
| |
| (a) | as to the powers of an enforcer for the purposes of investigating |
|
| whether there has been, or is likely to be, a breach of the customer |
|
| data regulations or of orders or notices of a kind mentioned in |
|
| subsection (2)(a) or (b) (which may include powers to require the |
|
| provision of information and powers of entry, search, inspection |
|
| |
| (b) | for the enforcement of requirements imposed by an enforcer in the |
|
| exercise of such powers (which may include provision comparable |
|
| to any provision that is, or could be, included in the regulations for |
|
| the purposes of enforcing the customer data regulations). |
|
| (4) | Regulations under subsection (1) may— |
|
| (a) | require an enforcer (if not the Information Commissioner) to inform |
|
| the Information Commissioner if the enforcer intends to exercise |
|
| functions under the regulations in a particular case; |
|
| (b) | provide for functions under the regulations to be exercisable by |
|
| more than one enforcer (whether concurrently or jointly); |
|
| (c) | where such functions are exercisable concurrently by more than |
|
| |
| (i) | designate one of the enforcers as the lead enforcer; |
|
| (ii) | require the other enforcers to consult the lead enforcer |
|
| before exercising the functions in a particular case; |
|
| (iii) | authorise the lead enforcer to give directions as to which of |
|
| the enforcers is to exercise the functions in a particular case. |
|
| (5) | Regulations may make provision for applications for orders requiring |
|
| compliance with the customer data regulations to be made to a court or |
|
| tribunal by a customer who has made a request under those regulations or |
|
| in respect of whom such a request has been made. |
|
| (6) | Subsection (8)(a) to (c) of section (Supply of customer data) applies for the |
|
| purposes of this section as it applies for the purposes of that section. |
|
|
|
| |
| | |
|
| (7) | The Secretary of State may make payments out of money provided by |
|
| Parliament to an enforcer. |
|
| (8) | In this section, “customer” and “regulated person” have the same meaning |
|
| as in section (Supply of customer data).” |
|
66 | Insert the following new Clause— |
|
| “Supply of customer data: supplemental |
|
| (1) | The power to make regulations under section (Supply of customer data) or |
|
| (Supply of customer data: enforcement) includes— |
|
| (a) | power to make incidental, supplementary, consequential, |
|
| transitional or saving provision; |
|
| (b) | power to provide for a person to exercise a discretion in a matter. |
|
| (2) | Regulations under either of those sections must be made by statutory |
|
| |
| (3) | A statutory instrument containing (whether alone or with other |
|
| |
| (a) | regulations under section (Supply of customer data) which make |
|
| provision by virtue of section (Supply of customer data)(2)(d), or |
|
| (b) | regulations under section (Supply of customer data: enforcement), |
|
| | may not be made unless a draft of the instrument has been laid before, and |
|
| approved by a resolution of, each House of Parliament. |
|
| (4) | A statutory instrument which— |
|
| (a) | contains regulations under section (Supply of customer data), and |
|
| (b) | is not an instrument to which subsection (3) applies, |
|
| | is subject to annulment in pursuance of a resolution of either House of |
|
| |
67 | Insert the following new Clause— |
|
| “Power to add to supplies protected under Insolvency Act 1986 |
|
| (1) | The Secretary of State may by order amend section 233 of the Insolvency |
|
| Act 1986 so as to add to the supplies mentioned in subsection (3) of that |
|
| section any of the following— |
|
| (a) | a supply of gas, electricity, water or communication services by a |
|
| specified description of person; |
|
| (b) | a supply of a specified description of goods or services by a |
|
| specified description of person where the supply is for the purpose |
|
| of enabling or facilitating anything to be done by electronic means. |
|
| (2) | The Secretary of State may by order amend section 372 of that Act of 1986 |
|
| so as to add to the supplies mentioned in subsection (4) of that section any |
|
| |
| (a) | a supply of gas, electricity, water or communication services by a |
|
| specified description of person; |
|
| (b) | a supply of a specified description of goods or services by a |
|
| specified description of person where the supply is for the purpose |
|
| of enabling or facilitating anything to be done by electronic means. |
|
|
|
| |
| | |
|
| (3) | The power to make an order under this section includes power to make |
|
| incidental, supplementary, consequential, transitional or saving provision, |
|
| including doing so by amending any enactment. |
|
| (4) | An order under this section must be made by statutory instrument. |
|
| (5) | A statutory instrument containing an order under this section may not be |
|
| made unless a draft of the instrument has been laid before, and approved |
|
| by a resolution of, each House of Parliament. |
|
| |
| |
| (a) | an enactment contained in subordinate legislation (within |
|
| the meaning of the Interpretation Act 1978), |
|
| (b) | an enactment contained in, or in an instrument made under, |
|
| an Act of the Scottish Parliament, and |
|
| (c) | an enactment contained in, or in an instrument made under, |
|
| a Measure or Act of the National Assembly for Wales; and |
|
| “specified” means specified in the order.” |
|
68 | Insert the following new Clause— |
|
| “Corporate insolvency: power to give further protection to essential supplies |
|
| (1) | The Secretary of State may by order make provision for insolvency-related |
|
| terms of a contract for the supply of essential goods or services to a |
|
| company to cease to have effect where— |
|
| (a) | the company enters administration or a voluntary arrangement |
|
| under Part 1 of the Insolvency Act 1986 takes effect in relation to it, |
|
| |
| (b) | any conditions specified in the order are met. |
|
| (2) | The order must include provision for securing that, where an insolvency- |
|
| related term of a contract ceases to have effect under the order, the contract |
|
| may be terminated by the supplier if— |
|
| (a) | an insolvency office-holder consents to the termination, |
|
| (b) | a court grants permission for the termination, or |
|
| (c) | any charges in respect of the supply that are incurred after the |
|
| company enters administration or the voluntary arrangement takes |
|
| effect are not paid within the period of 28 days beginning with the |
|
| day on which payment is due. |
|
| (3) | The order must include provision for securing that, where an insolvency- |
|
| related term of a contract ceases to have effect under the order, the supplier |
|
| may terminate the supply unless an insolvency office-holder personally |
|
| guarantees the payment of any charges in respect of the continuation of the |
|
| |
| (4) | The order may provide for exceptions to the right of a supplier to terminate |
|
| a supply under provision made by virtue of subsection (3). |
|
| (5) | The order must (in addition to the provision mentioned in subsections (2) |
|
| and (3)) include such other provision as the Secretary of State considers |
|
| appropriate for securing that the interests of suppliers are protected. |
|
| (6) | A contract for the supply of essential goods or services is a contract for a |
|
| supply mentioned in section 233(3) of the Insolvency Act 1986. |
|
|
|
| |
| | |
|
| (7) | An insolvency-related term of a contract for the supply of essential goods |
|
| or services to a company is a provision of the contract under which— |
|
| (a) | the contract or the supply would terminate, or any other thing |
|
| would take place, because the company enters administration or |
|
| the voluntary arrangement takes effect, |
|
| (b) | the supplier would be entitled to terminate the contract or the |
|
| supply, or to do any other thing, because the company enters |
|
| administration or the voluntary arrangement takes effect, or |
|
| (c) | the supplier would be entitled to terminate the contract or the |
|
| supply because of an event that occurred before the company enters |
|
| administration or the voluntary arrangement takes effect. |
|
| (8) | In this section, “insolvency office-holder” means— |
|
| (a) | in a case where a company enters administration, the administrator; |
|
| (b) | in the case where a voluntary arrangement under Part 1 of the |
|
| Insolvency Act 1986 takes effect in relation to a company, the |
|
| supervisor of the voluntary arrangement.” |
|
69 | Insert the following new Clause— |
|
| “Individual insolvency: power to give further protection to essential supplies |
|
| (1) | The Secretary of State may by order make provision for insolvency-related |
|
| terms of a contract for the supply of essential goods or services to an |
|
| individual to cease to have effect where— |
|
| (a) | a voluntary arrangement proposed by the individual is approved |
|
| under Part 8 of the Insolvency Act 1986, and |
|
| (b) | any conditions specified in the order are met. |
|
| (2) | The order must include a condition that ensures that an insolvency-related |
|
| term of a contract for the supply of essential goods or services to an |
|
| individual does not cease to have effect unless the supply is for the purpose |
|
| of a business that is or has been carried on by the individual or with which |
|
| the individual has or had another connection of a kind specified in the |
|
| |
| (3) | The order must include provision for securing that, where an insolvency- |
|
| related term of a contract ceases to have effect under the order, the contract |
|
| may be terminated by the supplier if— |
|
| (a) | the supervisor of the voluntary arrangement consents to the |
|
| |
| (b) | a court grants permission for the termination, or |
|
| (c) | any charges in respect of the supply that are incurred after the |
|
| voluntary arrangement proposed by the individual is approved are |
|
| not paid within the period of 28 days beginning with the day on |
|
| |
| (4) | The order must include provision for securing that, where an insolvency- |
|
| related term of a contract ceases to have effect under the order, the supplier |
|
| may terminate the supply unless the supervisor of the voluntary |
|
| arrangement personally guarantees the payment of any charges in respect |
|
| of the continuation of the supply. |
|
| (5) | The order may provide for exceptions to the right of a supplier to terminate |
|
| a supply under provision made by virtue of subsection (4). |
|
|