House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee:
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“let” includes sub-let;

“licensed premises” has the same meaning as in the Licensing Act 2003 (see

section 193 of that Act);

“supply of alcohol” has the same meaning as in the Licensing Act 2003 (see

section 14 of that Act).”

(5)
Subsections (1) to (4) do not apply to—

(a)
a tenancy which is entered into before the day on which this section

comes into force;

(b)
a tenancy which is entered into on or after the day on which this section

comes into force, pursuant to a contract made before that day;

(c)
a tenancy which arises by operation of any enactment or other law when

a tenancy mentioned in paragraph (a) or (b) comes to an end.”

Member’s explanatory statement

This new clause amends the Landlord and Tenant Act 1954 so that its provisions for security of

tenure of business tenancies do not apply to tenancies of dwellings granted to individuals for

occupation as homes when tenants, with their landlords’ permission, carry on businesses of a kind

that might reasonably be carried on at home.

Toby Perkins

Mr Iain Wright

Ian Murray

NC4

To move the following Clause—

“Government impact on small business performance: duty to report

(1)
The Secretary of State must provide for the making of an annual report to each

House of Parliament setting out steps the Government has taken to support British

small and medium-sized businesses over the previous 12 months.

(2)
The statement mentioned in subsection (1) must be made no more than 10 sitting

days before, or after, the end of each financial year following the coming into

force of this Act.”.

Member’s explanatory statement

Clause 14 gives the Secretary of State a duty to report on progress towards achieving the objective

in clause 13. This new clause builds on this principle by creating a new duty on the Secretary of

State to report to Parliament on what the Government has done to support British small and

medium-sized businesses.

Toby Perkins

Mr Iain Wright

Ian Murray

Debbie Abrahams

NC5

To move the following Clause—

“Companies: dealing with suppliers

(1)
The Secretary of State may make regulations—

Public Bill Committee:
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(a)
imposing a limit on the number of days after receipt of a supplier’s

invoice a company can seek to challenge that invoice;

(b)
prohibiting the practice of a company seeking to change the payment

terms of a supplier company unilaterally; and

(c)
prohibiting a company from requiring a supplier company to make a

payment in order to join that company’s list of suppliers.

(2)
The regulations may make provision for a prescribed breach by a prescribed

description of person of a requirement or prohibition imposed by the regulations

to be an offence punishable on summary conviction—

(a)
in England and Wales by a fine;

(b)
in Scotland or Northern Ireland, by a fine not exceeding level 5 on the

standard scale.

(3)
The regulations may specify the size of company and supplier company to which

they will apply.

(4)
Before making regulations under this section the Secretary of State must consult

such persons as the Secretary of State considers appropriate.

(5)
Regulations under this section are subject to the affirmative resolution procedure.

(6)
For the purposes of this section—

“company” has the meaning given by section 1(1) of the Companies Act

2006;

“prescribed” means prescribed by the regulations.”.

Member’s explanatory statement

This new clause gives the Secretary of State new regulation-making powers to impose a limit on

the number of days after the receipt of a supplier’s invoice a company may challenge that invoice,

to prohibit companies from seeking to change the payment terms of a supplier company

unilaterally or requiring supplier companies to pay to join that company’s list of suppliers.

Matthew Hancock

Jo Swinson

NC6

To move the following Clause—

“Shadow directors: provision for Northern Ireland

(1)
In Article 5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I.

1989/2405 (N.I. 19)) (interpretation), in the definition of “shadow

director”, for the words from “(but” to the end substitute “, but so that a

person is not deemed a shadow director by reason only that the directors

act—

(a)
on advice given by that person in a professional capacity;

(b)
in accordance with instructions, a direction, guidance or advice

given by that person in the exercise of a function conferred by or

under a statutory provision;

(c)
in accordance with guidance or advice given by that person in

that person’s capacity as a Minister of the Crown (within the

meaning of the Ministers of the Crown Act 1975)”.

(2)
In Article 2(2) of the Company Directors Disqualification (Northern

Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)) (interpretation), in the

definition of “shadow director”, for the words from “(but” to the end

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substitute “, but so that a person is not deemed a shadow director by

reason only that the directors act—

(a)
on advice given by that person in a professional capacity;

(b)
in accordance with instructions, a direction, guidance or advice

given by that person in the exercise of a function conferred by or

under a statutory provision;

(c)
in accordance with guidance or advice given by that person in

that person’s capacity as a Minister of the Crown (within the

meaning of the Ministers of the Crown Act 1975)”.”

Member’s explanatory statement

The new clause replicates in the relevant Northern Ireland legislation the changes made by

amendment 146 to the definition of “shadow director” in the Insolvency Act 1986 and the

Company Directors Disqualification Act 1986.

Matthew Hancock

Jo Swinson

NC7

To move the following Clause—

“Funding for free of charge early years provision

(1)
In section 13A of the Childcare Act 2006 (supply of information: free of

charge early years provision)—

(a)
in subsection (3), after “provision” insert “or for funding related

to free of charge early years provision”;

(b)
in subsection (6), after “provision” insert “or for funding related

to free of charge early years provision”.

(2)
In section 13B of that Act (unauthorised disclosure of information

received under section 13A), in subsection (2)(b), after “provision” insert

“or for funding related to free of charge early years provision”.”

Member’s explanatory statement

This amendment allows disclosure of tax credit and social security information to the Secretary of

State and English local authorities for determining eligibility for funding related to free early years

childcare provision. Disclosure for this purpose is also included as an exception to the existing

offence of unauthorised disclosure.

Matthew Hancock

Jo Swinson

NC8

To move the following Clause—

“Sections 110 to 113: further amendments

Schedule (Abolition of requirements to hold meetings; opted-out creditors)—

(a)
makes amendments relating to sections 110 to 113, and

(b)
removes requirements to hold a general meeting of a company when the

company’s affairs are fully wound up.”

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Member’s explanatory statement

This amendment replaces clause 114. That clause provides a “Henry VIII” power to introduce the

changes now being made through NS1. The Schedule abolishes requirements to hold meetings and

makes provision in respect of creditors who opt out of receiving correspondence.

Mr Iain Wright

Ian Murray

Toby Perkins

NC9

To move the following Clause—

“Duty to keep register updated

(1)
The Secretary of State may by regulations make provision prescribing the steps

to be taken by Companies House to ensure that the information on PSC registers

or, as the case may be, the central register is as accurate, reliable and up to date

as possible.

(2)
Regulations under this section are subject to the affirmative resolution

procedure.”

Andrew Griffiths

NC10

To move the following Clause—

“Definition of tenancy: restriction

For the purposes of Part 4 of this Act, and the avoidance of doubt, franchise

agreements accredited by the British Franchise Association shall be excluded

from the definition of “tenancy” mentioned in section 61, subsection (2).”

Ian Murray

Mr Iain Wright

Toby Perkins

NC12

To move the following Clause—

“National Minimum Wage

(1)
Section 17 of the National Minimum Wage Act 1998 (Non-compliance: worker

entitled to additional remuneration) is amended as follows—

(2)
In subsection (2) after paragraph (a) insert—

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“(b)
the relevant remuneration related to any holiday pay or other

related pay connected to the worker, and”.”

New Schedules

Matthew Hancock

Jo Swinson

NS1

To move the following Schedule—

“Abolition of requirements to hold meetings; opted-out creditors

Part 1

Company insolvency

Introductory

1
The Insolvency Act 1986 is amended in accordance with this Part of this

Schedule.

Company voluntary arrangements

2
In section 2(2) (nominee’s report on company’s proposal), for paragraphs (aa)

and (b) substitute—

“(b)
whether, in his opinion, the proposal should be considered by

a meeting of the company and by the company’s creditors, and

(c)
if in his opinion it should, the date on which, and time and

place at which, he proposes a meeting of the company should

be held.”

3    (1)
Section 3 (summoning of meetings) is amended as follows.

      (2)
In subsection (1)—

(a)
for the words from “that” to “summoned” substitute “under section

2(2) that the proposal should be considered by a meeting of the

company and by the company’s creditors”;

(b)
for the words from “directs)” to the end substitute “directs)—

(a)
summon a meeting of the company to consider the

proposal for the time, date and place proposed in the

report, and

(b)
seek a decision from the company’s creditors as to

whether they approve the proposal.”

      (3)
In subsection (2), for the words from “shall” to the end substitute “shall—

(a)
summon a meeting of the company to consider the proposal

for such time, date and place as he thinks fit, and

(b)
seek a decision from the company’s creditors as to whether

they approve the proposal.”

      (4)
For subsection (3) substitute—

“(3)
A decision of the company’s creditors as to whether they approve the

proposal is to be made by a qualifying decision procedure.

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(4)
Notice of the qualifying decision procedure must be given to every

creditor of the company of whose claim and address the person

seeking the decision is aware.”

      (5)
For the heading substitute “Consideration of proposal”.

4    (1)
Section 4 (decisions of meetings) is amended as follows.

      (2)
For subsection (1) substitute—

“(1)
This section applies where, under section 3—

(a)
a meeting of the company is summoned to consider the

proposed voluntary arrangement, and

(b)
the company’s creditors are asked to decide whether to

approve the proposed voluntary arrangement.

(1A)
The company and its creditors may approve the proposed voluntary

arrangement with or without modifications.”

      (3)
In subsection (3) for “A meeting so summoned shall not” substitute “Neither

the company nor its creditors may”.

      (4)
In subsection (4)—

(a)
for “a meeting so summoned shall not” substitute “neither the

company nor its creditors may”;

(b)
omit “the meeting may approve”;

(c)
after “such a proposal or modification” insert “may be approved”.

      (5)
In subsection (5) for “each of the meetings” substitute “the meeting of the

company and the qualifying decision procedure”.

      (6)
In subsection (6) for “either” substitute “the company”.

      (7)
After subsection (6) insert—

“(6A)
After the company’s creditors have decided whether to approve the

proposed voluntary arrangement the person who sought the decision

must—

(a)
report the creditors’ decision to the court, and

(b)
immediately after reporting to the court, give notice of the

creditors’ decision to such persons as may be prescribed.”

      (8)
In the heading, for “meetings” substitute “the company and its creditors”.

5    (1)
Section 4A (approval of arrangement) is amended as follows.

      (2)
In subsection (2)—

(a)
in paragraph (a) for “both meetings summoned under section 3”

substitute “the meeting of the company summoned under section 3 and

by the company’s creditors pursuant to that section”;

(b)
in paragraph (b) for “creditors’ meeting summoned under” substitute

“company’s creditors pursuant to”.

      (3)
In subsections (3), (4)(a) and (6)(a) for “creditors’ meeting” substitute

“company’s creditors”.

6    (1)
Section 5 (effect of approval) is amended as follows.

      (2)
In subsection (2)—

(a)
in paragraph (a) for “creditors’ meeting” substitute “time the creditors

decided to approve the voluntary arrangement”;

(b)
in paragraph (b)(i) for the words from “at that” to “it)” substitute “in

the qualifying decision procedure by which the creditors’ decision to

approve the voluntary arrangement was made”.

      (3)
In subsection (4)(a) after “4(6)” insert “and (6A)”.

7    (1)
Section 6 (challenge of decisions) is amended as follows.

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      (2)
In subsection (1)(b) for “either of the meetings” substitute “the meeting of the

company, or in relation to the relevant qualifying decision procedure”.

      (3)
After subsection (1) insert—

“(1A)
In this section—

(a)
the “relevant qualifying decision procedure” means the

qualifying decision procedure in which the company’s

creditors decide whether to approve a voluntary arrangement;

(b)
references to a decision made in the relevant qualifying

decision procedure include any other decision made in that

qualifying decision procedure.”

      (4)
In subsection (2)—

(a)
in paragraph (a) for “either of the meetings” substitute “the meeting of

the company or in the relevant qualifying decision procedure”;

(b)
in paragraph (aa) for “at the creditors’ meeting” substitute “in the

relevant qualifying decision procedure”.

      (5)
In subsection (3)(a) after “4(6)” insert “and (6A)”.

      (6)
In subsection (3)(b)—

(a)
for “creditors’ meeting” substitute “relevant qualifying decision

procedure”;

(b)
for “the meeting” substitute “the relevant qualifying decision

procedure”.

      (7)
In subsection (4), for “one or both” substitute “any”.

      (8)
In subsection (4)(a), for “in question” substitute “of the company, or in the

relevant qualifying decision procedure,”.

      (9)
In subsection (4)(b)—

(a)
for “further meetings” substitute “a further company meeting”;

(b)
for “, a further company or (as the case may be) creditors’” substitute

“and relating to the company meeting, a further company”.

    (10)
In subsection (4), after paragraph (b) insert—

“(c)
direct any person—

(i)
to seek a decision from the company’s creditors

(using a qualifying decision procedure) as to whether

they approve any revised proposal the person who

made the original proposal may make, or

(ii)
in a case falling within subsection (1)(b) and relating

to the relevant qualifying decision procedure, to seek

a decision from the company’s creditors (using a

qualifying decision procedure) as to whether they

approve the original proposal.”

    (11)
In subsection (5) for “for the summoning of meetings to consider” substitute

“or (c) in relation to”.

    (12)
In subsection (6)—

(a)
after “meeting” insert “or relevant qualifying decision procedure”;

(b)
in paragraph (a) after “(4)(b)” insert “or (c)”.

    (13)
In subsection (7)—

(a)
the words from “a decision” to the end become paragraph (a);

(b)
in that paragraph (a), after “at a” insert “company”;

(c)
after that paragraph (a) insert “, and

(b)
a decision of the company’s creditors made in the

relevant qualifying decision procedure is not



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