13152.20-26

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Lords Amendments to the Enterprise and Regulatory Reform Bill

20

(6)
The order must (in addition to the provision mentioned in subsections (3)

and (4)) include such other provision as the Secretary of State considers

appropriate for securing that the interests of suppliers are protected.

(7)
A contract for the supply of essential goods or services is a contract for a

supply mentioned in section 372(4) of the Insolvency Act 1986.

(8)
An insolvency-related term of a contract for the supply of essential goods

or services to an individual 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 voluntary arrangement proposed by

the individual is approved,

(b)
the supplier would be entitled to terminate the contract or the

supply, or to do any other thing, because the voluntary

arrangement proposed by the individual is approved, or

(c)
the supplier would be entitled to terminate the contract or the

supply because of an event that occurred before the voluntary

arrangement proposed by the individual is approved.”
70
Insert the following new Clause—

“Sections (Corporate insolvency: power to give further protection to essential

supplies) and (Individual insolvency: power to give further protection to

essential supplies): supplemental

(1)
The power to make an order under section (Corporate insolvency: power to

give further protection to essential supplies) or (Individual insolvency: power to

give further protection to essential supplies) includes—

(a)
power to make different provision for different cases;

(b)
power to provide for a person to exercise a discretion in a matter;

(c)
power to make incidental, supplementary, consequential,

transitional or saving provision;

(d)
power to make any provision that may be made by the order by

amending the Insolvency Act 1986 or any other enactment.

(2)
An order under either of those sections may not be made so as to have effect

in relation to contracts entered into before the order come into force.

(3)
An order under either of those sections must be made by statutory

instrument.

(4)
A statutory instrument containing an order under either of those sections

may not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.

(5)
In this section, “enactment” has the same meaning as in section (Power to

add to supplies protected under Insolvency Act 1986).”
71
Insert the following new Clause—

“Royal Charters

Royal Charters: requirements for Parliamentary approval

Where a body is established by Royal Charter after 1 March 2013 with

functions relating to the carrying on of an industry, no recommendation

may be made to Her Majesty in Council to amend the body’s Charter or

21

dissolve the body unless any requirements included in the Charter on the

date it is granted for Parliament to approve the amendment or dissolution

have been met.”
Clause 74
72
Page 73, leave out lines 34 to 36 and insert—

“(6)
The regulations may provide for an employment tribunal to have

power, where a person fails to comply with an order to carry out an

equal pay audit, to order that person to pay a penalty to the

Secretary of State of not more than an amount specified in the

regulations.

(6A)
The regulations may provide for that power—

(a)
to be exercisable in prescribed circumstances;

(b)
to be exercisable more than once, if the failure to comply

continues.

(6B)
The first regulations made by virtue of subsection (6) must not

specify an amount of more than £5,000.

(6C)
Sums received by the Secretary of State under the regulations must

be paid into the Consolidated Fund.”
73
Page 73, leave out lines 37 to 41 and insert—

“(7)
The first regulations under this section must specify an exemption

period during which the requirement to order an equal pay audit

does not apply in the case of a business that—

(a)
had fewer than 10 employees immediately before a

specified time, or

(b)
was begun as a new business in a specified period.

(8)
For the purposes of subsection (7)—

(a)
“specified” means specified in the regulations, and

(b)
the number of employees a business had or the time when a

business was begun as a new business is to be determined

in accordance with the regulations.”
74
Page 73, line 41, at end insert—

“( )
Before making regulations under this section, a Minister of the

Crown must consult any other Minister of the Crown with

responsibility for employment tribunals.””
Clause 78
75
Page 75, line 39, after “19” insert “(and section 63(3) so far as it relates to those

paragraphs)”
76
Page 75, line 40, leave out “and 63” and insert “, 63(1) and (2) and (Abolition of

Agricultural Wages Board and related English bodies)(1) to (3)”
77
Page 75, line 41, after “19” insert “(and section 63(3) so far as it relates to those

paragraphs)”
78
Page 75, line 42, at end insert “, and

22

(e)
an amendment, repeal or revocation made by Schedule (Abolition of

Agricultural Wages Board and related English bodies: consequential

provision) has the same extent as the provision amended, repealed

or revoked, subject to subsection (5A).

(5A)
The repeals of the following provisions in Schedule (Abolition of

Agricultural Wages Board and related English bodies: consequential provision)

extend to England and Wales only—

(a)
section 67 of the Agriculture Act 1967,

(b)
paragraph 32 of Schedule 2 to the Social Security (Consequential

Provisions) Act 1975,

(c)
paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,

(d)
paragraph 12 of Schedule 17 to the Employment Protection Act

1975, and

(e)
paragraph 4 of Schedule 2 to the Social Security (Consequential

Provisions) Act 1992.”
79
Page 76, line 2, leave out “section 74 extends” and insert “—

( )
sections (Power to add to supplies protected under Insolvency Act 1986),

(Corporate insolvency: power to give further protection to essential

supplies), (Sections (Corporate insolvency: power to give further

protection to essential supplies) and (Individual insolvency: power to give

further protection to essential supplies): supplemental) and 74 extend”
80
Page 76, line 2, at end insert—

“( )
section (Individual insolvency: power to give further protection to

essential supplies) extends only to England and Wales”
81
Page 76, line 2, at end insert—

“( )
section (Royal Charters: requirements for Parliamentary approval)

extends only to England and Wales”
Clause 79
82
Page 76, line 4, leave out “Sections 75 to 80” and insert “The following provisions”
83
Page 76, line 4, at end insert “—

(a)
section (ACAS: prohibition on disclosure of information);

(b)
section 19;

(c)
section (Transitional provision: consultation);

(d)
sections (Power to remove concurrent competition functions of sectoral

regulators) and (Orders under section (Power to remove concurrent

competition functions of sectoral regulators): procedural requirements);

(e)
section 51;

(f)
sections 66 to 69 and Schedule 21;

(g)
sections (Power to add to supplies protected under Insolvency Act 1986),

(Corporate insolvency: power to give further protection to essential

supplies), (Individual insolvency: power to give further protection to

essential supplies) and (Sections (Corporate insolvency: power to give

further protection to essential supplies) and (Individual insolvency: power

to give further protection to essential supplies): supplemental;

(h)
section (Royal Charters: requirements for Parliamentary approval);

(i)
sections 74 to 80;

(j)
any other provision so far as is necessary for enabling the exercise

on or after the day on which this Act is passed of any power (arising

23

under or by virtue of that provision) to make provision by

regulations, rules or order made by statutory instrument.”
84
Page 76, line 5, after “provisions” insert “(so far as not already in force by virtue of

subsection (1)(j))”
85
Page 76, line 6, at end insert—

“( )
Part 1;

( )
sections 11, (Dismissal for political opinions etc: no qualifying period of

employment), 13, (Disclosures not protected unless believed to be made in

the public interest), (Power to reduce compensation where disclosure not

made in good faith), (Extension of meaning of “worker”), 16 and 17;”
86
Page 76, line 9, leave out paragraph (c)
87
Page 76, line 13, leave out “The remaining provisions” and insert “Except as

provided by subsections (1) and (2), the provisions”
Schedule 2
88
Page 80, line 33, leave out “Section” and insert “Where the complaint concerns a

failure to comply with a requirement of section 188, section”
Schedule 4
89
Page 103, line 44, after “20” insert “(3)”
90
Page 104, line 17, after “Commission” insert “(excluding any period when he or she

also holds office as a member of the CMA panel)”
91
Page 104, line 20, at end insert—

    “( )
The power conferred by section 76 includes power to make provision for

the appointment of panel members of the Competition Commission as

members of the CMA panel, or for the re-appointment of persons who

are appointed as members of the CMA panel by virtue of sub-paragraph

(2), for the purpose of enabling anything in the process of being done by

or on behalf of the Competition Commission immediately prior to its

abolition to be completed by or on behalf of the CMA; and nothing in

sub-paragraphs (1) to (4) restricts the provision that may be made for

that purpose.”
Schedule 5
92
Page 115, line 19, at end insert “, and

(b)
for “Commission” substitute “CMA”.”
93
Page 115, line 22, leave out sub-paragraph (5)
94
Page 119, line 8, at end insert—

    “( )
In subsection (1), in the words before paragraph (a), for “Commission”

substitute “CMA”.”
Schedule 6
95
Page 171, line 25, at end insert—

24

    “( )
In paragraph 6A, in sub-paragraph (3), for “Competition Commission”

substitute “Competition and Markets Authority”.”
Schedule 8
96
Page 195, line 32, at end insert—

“( )
omit paragraph (b),”
Schedule 15
97
Page 231, line 38, leave out “Omit”
98
Page 231, line 39, at end insert “is amended as follows.

      ( )
Omit subsections (1) to (3).

      ( )
In subsection (4), omit “or subsection (3)(a) above”.

      ( )
In the heading, for “sections 25 and 31” substitute “section 25”.”
Schedule 17
99
Page 239, line 38, at end insert—

“
In section 108 (compensation for refusal or conditional grant of planning

permission formerly granted by order) after subsection (3E) insert—

“(3F)
This section does not apply to the extent that the development

referred to in subsection (1)(b) would, while permitted by a

development order, have required conservation area consent

under the Planning (Listed Buildings and Conservation Areas)

Act 1990.””
100
Page 242, line 36, at end insert—

“
In section 92(2)(b) (application to Isles of Scilly), after “Schedules 1, 2”

insert “, 2A”.”
101
Page 242, line 39, leave out sub-paragraph (3) and insert—

    “(3)
In subsection (5A) after “section” insert “26C or”.”
Schedule 19
102
Page 248, line 14, at end insert—

“
In section 293 (summoning of meeting to appoint first trustee), in

subsections (2) and (3) for “court” substitute “prescribed person”.


In section 295 (failure of meeting to appoint trustee), in subsection (3) for

“court” substitute “prescribed person”.”
103
Page 248, line 18, at end insert—

“
In section 298 (removal of trustee and vacation of office), in subsections

(7) and (8) for “court” substitute “prescribed person”.

    (1)
Section 299 (release of trustee) is amended as follows.

      (2)
In subsection (1)(a) for “to the court” substitute “under this paragraph to

the prescribed person”.

25

      (3)
In subsection (3)(a) for “court” substitute “prescribed person”.”
104
Page 251, line 38, leave out “In section 415 (fees orders), after” and insert—

    “(1)
Section 415 (fees orders) is amended as follows.

      (2)
In subsection (1)—

(a)
after paragraph (a) omit “and”, and

(b)
at the end of paragraph (b) insert “and

(c)
the performance by an adjudicator of functions

under Part 9 of this Act,”.

      (3)
After”
105
Page 252, line 28, after “adjudicators” insert “in the discharge of functions for the

purposes of Part 9 of this Act”
106
Page 252, line 40, at end insert—

““24ZA
Provision requiring adjudicators—

(a)
to keep files and other records relating to bankruptcy

applications and bankruptcies resulting from

bankruptcy applications,

(b)
to make files and records available for inspection by

persons of a prescribed description, and

(c)
to provide files and records, or copies of them, to

persons of a prescribed description.

24ZB
Provision requiring an adjudicator to make returns to the

Secretary of State of the adjudicator’s business under Part 9 of

this Act.”
107
Page 253, line 2, after “applications” insert “and bankruptcies resulting from

bankruptcy applications”
108
Page 253, line 3, leave out “those”
109
Page 253, line 4, at end insert—

“24B
Provision requiring a person to whom notice is given under

section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or

(3)(a)—

(a)
to keep files and other records of notices given under

the section in question, and

(b)
to make files and records available for inspection by

persons of a prescribed description.””
After Schedule 19
110
Insert the following new Schedule—

“Abolition of Agricultural Wages Board and related English bodies:

consequential provision

1
In section 28 of the Rent (Agriculture) Act 1976 (duty of housing

authority upon receiving application that agricultural worker be re-

housed etc), in subsection (3), for “The authority” substitute “If the

dwelling-house is in Wales, the authority”.

26

2
The repeals and revocations in the following table have effect.

Reference
Extent of repeal or revocation

Agricultural Wages Act 1948
Section 1.

(c. 47)

In section 2—

(a)
in subsection (1)—

(a)
the words “England and”, and

(b)
paragraph (a), and

(c)
subsection (4).

Sections 3 to 4.

Sections 6 to 16.

In section 17—

(a)
in subsection (1), the definition of “the

national minimum wage”, and

(b)
subsection (1A).

Sections 17A to 19.

Schedules 1, 2 and 4.

The Agricultural Wages
Regulation 3(2)(a) and the word “and” after it.

Committee Regulations 1949

(S.I. 1949/1885)

Regulation 16.

Public Records Act 1958 (c. 51)
In the table at the end of paragraph 3 of

Schedule 1, the words “Agricultural Wages

Board.”

Parliamentary Commissioner
In Schedule 2, the words “Agricultural Wages

Act 1967 (c. 13)
Board for England and Wales.”

Agriculture Act 1967 (c. 22)
Section 67.

Agriculture (Miscellaneous
Section 46.

Provisions) Act 1968 (c. 34)

Agricultural Wages
The whole instrument.

Committees (Wages

Structure) Regulations 1971

(S.I. 1971/844)

Agricultural Wages
In article 3(1), the words—

Committees (Areas) Order
(a)
“Subject to the provisions of this order”,

1974 (S.I. 1974/515)
and

(b)
“an agricultural wages committee for

each county in England and”.

Article 3(2).

Article 4.

The Schedule.

Social Security (Consequential
In Schedule 2, paragraph 32.

Provisions) Act 1975 (c. 18)

House of Commons
In Part 3 of Schedule 1, the words “Member

Disqualification Act 1975
appointed by a Minister of the Crown of the

(c. 24)
Agricultural Wages Board for England and

Wales.”

Northern Ireland Assembly
In Part 3 of Schedule 1, the words “of the

Disqualification Act 1975
Agricultural Wages Board for England and

(c. 25)
Wales or”.

Social Security Pensions Act
In Schedule 4, paragraph 10.

1975 (c. 60)

Employment Protection Act
Section 97(1) and (2).

1975 (c. 71)

Schedule 9.

In Schedule 17, paragraph 12.

Agriculture (Miscellaneous
In section 4(1)(c), the words from “(including”

Provisions) Act 1976 (c. 55)
to the end.

Agricultural Wages
The whole order.

Committees (New

Combinations of Counties)

Order 1981 (S.I. 1981/179)

Agricultural Wages Committee
The whole order.

(Cleveland, Durham,

Northumberland and Tyne

and Wear) Order 1989

(S.I. 1989/1173)

Social Security (Consequential
In Schedule 2, paragraph 4.

Provisions) Act 1992 (c. 6)

Agricultural Wages
The whole order.

Committees (Areas)

(England) Order 1995

(S.I. 1995/3186)

Employment Rights Act 1996
In section 35—

(c. 18)
(a)
in subsection (2), paragraph (a) and the

word “or” at the end of that paragraph,

and

(b)
in subsection (3), paragraph (b) and the

“and” before that paragraph.

National Minimum Wage Act
In section 16(6)—

1998 (c. 39)
(a)
in the definition of “the agricultural

wages legislation”, paragraph (a), and

(b)
in the definition of “relevant authority”,

paragraphs (a), (b) and (c).

In section 16A(5)—

(a)
in the definition of “enforcement

officer”, paragraph (b), and

(b)
in the definition of “the relevant

legislation”, paragraph (b).

Section 46(4)(a).

In section 47—

(a)
subsection (1)(a),

(b)
subsection (2)(a) and (d),

(c)
subsection (4)(a),

(d)
in subsection (4)(b), the words “(similar

provision for Scotland)”, and

(e)
subsection (6)(a).

In section 55(1), in the definition of

“regulations”, the words “by the Secretary of

State and the Minister of Agriculture,

Fisheries and Food acting jointly or”.

Part 1 of Schedule 2.

National Minimum Wage
Regulation 38(5)(a).

Regulations 1998 (S.I. 1999/

584)

Freedom of Information Act
In Part 6 of Schedule 1, the words “An

2000 (c. 36)
Agricultural Wages Board for England and

Wales”.

Criminal Justice Act 2003 (c. 44)
In Schedule 25, paragraph 28.

Employment Relations Act 2004
Section 47.

(c. 24)

In Schedule 1, paragraph 1.

Public Contracts Regulations
In Schedule 1, in the entry relating to the

2006 (S.I. 2006/5)
Agricultural Wages Board and agricultural

wages committees, the words “Board and”.

Employment Act 2008 (c. 24)
Section 8(6).

Section 9(6).

Public Contracts (Scotland)
In Schedule 1, in the entry relating to the

Regulations 2012 (S.S.I. 2012/
Agricultural Wages Board and agricultural

88)
wages committees, the words “Board and”.”