Session 2014 - 15
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Other Bills before Parliament




House of Commons


Notices of Amendments


given on


Thursday 6 November 2014


Consideration of Bill


Small Business, Enterprise and Employment Bill, As Amended


Debbie Abrahams




To move the following Clause



“Payment practices: retention of monies



The Secretary of State may by regulations impose requirements on certain


companies to publish information about their policies, practices and performance


in holding, safeguarding and releasing sums withheld by, or in behalf of, a payer


from monies which would otherwise be due under a contract, the effect of which


would provide the payer with security for the current and future performance by


the payee of any or all of the payee’s obligations under the contract (“retention





The regulations under subsection (2) may prescribe—



the companies or type of companies to which the regulations apply;



the information required to be published;



the intervals at which, and format and manner in which, publication must


take place; and



the type of description of contractual provision to which the regulations





The restrictions on regulations in subsection (3) of section 3 of this Act shall


apply to regulations made under subsection (1) of this section.



The Secretary of State shall arrange a review of the operation of the type of


contractual provisions mentioned in subsection (1) after a period of 18 months


following the coming into force of the first regulations made under subsection (1).


He shall lay a copy of the report of the review before each House of Parliament.



The review provided for under subsection (3) may make recommendations for


requirements and obligations to be imposed upon certain types or descriptions of


companies in relation to the practice of retaining monies as described in


subsection (1). After public consultation, the Secretary of State may by


regulations impose such requirements and obligations on prescribed companies


as were recommended by the review, in whole or in part and with such


amendments as the Secretary of State believes to be required in order to—



ensure that the practice of withholding retention monies does not give


rise to unfair treatment of payees;


Notices of Amendments:                               



, continued



provide assurance that retention monies are held securely; and



ensure that the position of a payee company from whom retention monies


are being withheld is protected when a payer company becomes





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Revised 7 November 2014