House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

131

House of Commons

Notices of Amendments

given on

Thursday 23 October 2014

For other Amendment(s) see the following page(s):

Small Business, Enterprise and Employment Bill Committee 103-130

Public Bill Committee

Small Business, Enterprise

and Employment Bill

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  59,  page  40,  line  30,  leave out “D” and insert “E”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  59,  page  40,  line  40,  at end insert—

“(6)
Condition E is that the premises is owned by a “pub owning business” or a “large

pub owning business” as defined in section 60 (1) (2) and (3).

(7)
A premises which may meet conditions A-E, but is a premises that was not

intended to be subject to the pubs code as defined in section 36(1) and (2) is

excluded”

Member’s explanatory statement

This amendment further clarifies the subject of the Code as being a premises which is part of a pub

owning company or a large pub owning company.

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  60,  page  41,  line  10,  leave out “tied”

Notices of Amendments:
132

, continued

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  60,  page  41,  line  15,  leave out “tied”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  60,  page  41,  line  16,  leave out subsection (4)

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  36,  page  31,  line  4,  at end insert—

‘(b)
the Secretary of State shall ensure that provisions of the Pubs Code which

carry costs which smaller businesses would find difficult to absorb, as

prescribed, do not fall upon those pub-owning companies who own less

than 500 premises,

(c)
such provisions to be prescribed may include—

(i)
the duty to employ a Code Compliance Officer, and to file annual

Code Compliance Reports,

(ii)
the duty to employ a business development manager and provide

training thereto,

(iii)
the duty to provide parallel free of tie rent assessments”

Member’s explanatory statement

This amendment exempts small family brewers from certain aspects of the draft Pub Companies

Code published in “Pub Companies and Tenants: Government Response to the Consultation” by

BIS in June 2014.

Matthew Hancock

Jo Swinson

Clause  107,  page  84,  line  3,  after “assignment” insert “(or, in Scotland,

assignation)”

Member’s explanatory statement

This amendment and amendment 164 make technical changes to reflect different legal terminology

in Scotland.

Matthew Hancock

Jo Swinson

Clause  107,  page  84,  line  5,  after “assignment” insert “(or, in Scotland,

assignation)”

Member’s explanatory statement

See the explanatory statement to amendment 192.

Matthew Hancock

Jo Swinson

Clause  110,  page  85,  line  30,  leave out from beginning to end of line 33 and

insert—

Notices of Amendments:
133

, continued

“( )
Subsection (2) is subject to any provision of this Act, the rules or any other

legislation, or any order of the court—

(a)
requiring a decision to be made, or prohibiting a decision from being

made, by a particular qualifying decision procedure (other than a

creditors’ meeting or a contributories’ meeting);

(b)
permitting or requiring a decision to be made by a creditors’ meeting or

a contributories’ meeting.”

Member’s explanatory statement

This amendment enables the Insolvency Rules to make provision for particular decisions by

creditors and contributories to be made by specific decision making processes, including by way

of a physical meeting.

Matthew Hancock

Jo Swinson

Clause  110,  page  86,  line  6,  leave out from “decision” to end of line 16 and insert

“about any matter, unless—

(a)
a decision about the matter is required by virtue of this Act, the rules, or

any other legislation to be made by a qualifying decision procedure, or

(b)
the court orders that a decision about the matter is to be made by a

qualifying decision procedure.

( )
If the rules provide for a company’s creditors or contributories to make a decision

about the remuneration of any person, they must provide that the decision is to be

made by a qualifying decision procedure.”

Member’s explanatory statement

This amendment clarifies that a process of deemed consent may not be used to make a decision

where the Insolvency Act 1986, the Insolvency Rules, other legislation or the court specify that it

may not, or where the creditors or contributories make a decision about an office-holder’s

remuneration.

Matthew Hancock

Jo Swinson

Clause  110,  page  86,  line  30,  leave out from “Otherwise” to the end of line 31 and

insert—

“(a)
the creditors or (as the case may be) the contributories are to be treated as

not having made a decision about the matter in question, and

(b)
if a decision about that matter is again sought from the creditors or (as the

case may be) the contributories, it must be sought using a qualifying

decision procedure.”

Member’s explanatory statement

This amendment clarifies that where a deemed consent procedure fails to produce a decision on a

matter, there is a power but not a duty to seek a decision on the matter using a qualifying decision

procedure.

Matthew Hancock

Jo Swinson

Clause  110,  page  86,  line  34,  leave out “participate” and insert “vote”

Member’s explanatory statement

This amendment and amendments 169, 172, 173, 180, 183, 184, 185 and 186 draw a distinction

between the rights of creditors and contributories to vote in decision making procedures and the

rights of other parties, such as company officers and bankrupt individuals, to participate but not

to vote.

Notices of Amendments:
134

, continued

Matthew Hancock

Jo Swinson

Clause  110,  page  86,  line  37,  leave out “participate” and insert “vote”

Matthew Hancock

Jo Swinson

Clause  110,  page  86,  leave out lines 38 to 43

Member’s explanatory statement

This amendment removes the definition of “office-holder” from clause 110. This definition is no

longer required in consequence of the amendments made by amendment 166.

Matthew Hancock

Jo Swinson

Clause  110,  page  87,  line  15,  at end insert—

“( )
the rights of creditors, contributories and others to be given notice of,

and participate in, procedures,”

Member’s explanatory statement

This amendment clarifies that the Insolvency Rules may determine who receives notice of decision

making processes in order to participate and vote in them. The Rules will provide for cases where

creditors who have opted out of receiving further correspondence will not be sent notices.

Matthew Hancock

Jo Swinson

Clause  110,  page  87,  line  16,  leave out “participate” and insert “vote”

Matthew Hancock

Jo Swinson

Clause  110,  page  87,  line  18,  after “participate” insert “or vote”

Matthew Hancock

Jo Swinson

Clause  111,  page  87,  line  38,  after “where” insert “, for the purposes of this Group

of Parts,”

Member’s explanatory statement

This amendment inserts a reference to a Group of Parts into clause 111. This is to make the

language used in clause 111 consistent with that used in clause 110.

Matthew Hancock

Jo Swinson

Clause  111,  page  87,  line  38,  leave out “a person’s” and insert “an individual’s”

Member’s explanatory statement

This amendment changes the way to which a natural person is referred in clause 111 in order to

make it consistent with the language used elsewhere in the Insolvency Act 1986.

Notices of Amendments:
135

, continued

Matthew Hancock

Jo Swinson

Clause  111,  page  88,  line  5,  leave out from beginning to end of line 7 and insert—

“( )
Subsection (2) is subject to any provision of this Act, the rules or any other

legislation, or any order of the court—

(a)
requiring a decision to be made, or prohibiting a decision from being

made, by a particular creditors’ decision procedure (other than a

creditors’ meeting);

(b)
permitting or requiring a decision to be made by a creditors’ meeting.”

Member’s explanatory statement

This amendment enables the Insolvency Rules to make provision for particular decisions by

creditors to be made by specific decision making procedures, including by way of a physical

meeting.

Matthew Hancock

Jo Swinson

Clause  111,  page  88,  line  21,  leave out “a person’s” and insert “an individual’s”

Member’s explanatory statement

This amendment changes the way to which a natural person is referred in clause 111 in order to

make it consistent with the language used elsewhere in the Insolvency Act 1986.

Matthew Hancock

Jo Swinson

Clause  111,  page  88,  line  22,  leave out from first “matter” to end of line 30 and

insert “, unless—

(a)
a decision about the matter is required by virtue of this Act, the rules or

any other legislation to be made by a creditors’ decision procedure, or

(b)
the court orders that a decision about the matter is to be made by a

creditors’ decision procedure.

( )
If the rules provide for an individual’s creditors to make a decision about the

remuneration of any person, they must provide that the decision is to be made by

a creditors’ decision procedure.”

Member’s explanatory statement

This amendment clarifies that a process of deemed consent may not be used to make a decision

where the Insolvency Act 1986, the Insolvency Rules, other legislation or the court specify that it

may not, or where the creditors make a decision about an office-holder‘s remuneration.

Matthew Hancock

Jo Swinson

Clause  111,  page  88,  line  42,  leave out from “Otherwise” to end of line 43 and

insert—

“(a)
the creditors are to be treated as not having made a decision about the

matter in question, and

(b)
if a decision about that matter is again sought from the creditors, it must

be sought using a creditors’ decision procedure.”

Member’s explanatory statement

This amendment clarifies that where a deemed consent procedure fails to produce a decision on a

matter, there is a power but not a duty to seek a decision on the matter using a creditors’ decision

procedure.

Notices of Amendments:
136

, continued

Matthew Hancock

Jo Swinson

Clause  111,  page  89,  line  3,  leave out “participate” and insert “vote”

Matthew Hancock

Jo Swinson

Clause  111,  page  89,  leave out lines 4 to 8

Member’s explanatory statement

This amendment removes the definition of “office-holder” from clause 111. This definition is no

longer required in consequence of the amendments made by amendment 178.

Matthew Hancock

Jo Swinson

Clause  111,  page  89,  line  24,  at end insert—

“( )
the rights of creditors and others to be given notice of, and participate

in, procedures,”

Member’s explanatory statement

This amendment clarifies that the Insolvency Rules may determine who receives notice of decision

making processes in order to participate and vote in them. The Rules will provide for cases where

creditors who have opted out of receiving further correspondence will not be sent notices.

Matthew Hancock

Jo Swinson

Clause  111,  page  89,  line  25,  leave out “participate” and insert “vote”

Matthew Hancock

Jo Swinson

Clause  111,  page  89,  line  26,  after “participate” insert “or vote”

Matthew Hancock

Jo Swinson

Clause  112,  page  90,  line  14,  after “participate” insert “and vote”

Matthew Hancock

Jo Swinson

Clause  113,  page  91,  line  28,  after “participate” insert “and vote”

Matthew Hancock

Jo Swinson

Page  92,  line  29,  leave out Clause 114

Member’s explanatory statement

This amendment indicates the Government’s intention to oppose the question that clause 114 stand

part. Clause 114 is being replaced by NC8.

Notices of Amendments:
137

, continued

Matthew Hancock

Jo Swinson

Clause  122,  page  96,  line  17,  leave out “approved the” and insert “decided whether

to approve the proposed voluntary”

Member’s explanatory statement

Clause 122 as drafted introduced a time limit for the challenge of the approval by creditors of an

individual voluntary arrangement (“IVA”). A decision may, in fact, be challenged whether or not

the IVA was approved, and the amendment changes clause 122 to reflect this.

Matthew Hancock

Jo Swinson

Clause  145,  page  131,  line  21,  leave out “or 114”

Member’s explanatory statement

This amendment removes a reference to clause 114 from a provision in the Bill about making

regulations and is consequential on amendment 187.

Matthew Hancock

Jo Swinson

Clause  147,  page  132,  line  14,  leave out “114 and”

Member’s explanatory statement

This amendment removes a reference to clause 114 from a provision in the Bill about territorial

extent and is consequential on amendment 187.

Matthew Hancock

Jo Swinson

Clause  148,  page  132,  line  22,  at end insert—

“( )
in Part 5, section (Funding for free of charge early years provision);”

Member’s explanatory statement

This amendment provides that NC7 will come into force on Royal Assent.

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”.”



© Parliamentary copyright	Revised 24 October 2014