Session 2014 - 15
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Other Bills before Parliament


 
 

Public Bill Committee:                               

127

 

, continued

 
 

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—

 

(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.”.


 
 

Public Bill Committee:                               

128

 

, continued

 
 

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

 

Parliamentary Star - white    

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

 

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.

 

 

Order of the House [16 July 2014]

 

That the following provision shall apply to the Small Business, Enterprise and

 

Employment Bill—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.


 
 

Public Bill Committee:                               

129

 

, continued

 
 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 6 November 2014.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other Proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [14 October 2014]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 14

 

October) meet—

 

(a)  

at 2.00 pm on Tuesday 14 October; 

 

(b)  

at 11.30 am and 2.00 pm on Thursday 16 October;

 

(c)  

at 8.55 am and 2.00 pm on Tuesday 21 October;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 23 October;

 

(e)  

at 8.55 am and 2.00 pm on Tuesday 28 October;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 30 October;

 

(g)  

at 8.55 am and 2.00 pm on Tuesday 4 November;

 

(h)  

at 11.30 am and 2.00 pm on Thursday 6 November;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 14 October

Until no later than

Confederation of British

 
  

10.15 am

Industry; Federation of Small

 
   

Businesses; British Chambers of

 
   

Commerce; Institute of

 
   

Directors

 
 

Tuesday 14 October

Until no later than

Thompsons Solicitors

 
  

10.45 am

  
 

Tuesday 14 October

Until no later than

Forum of Private

 
  

11.25 am

Business; Institute of Credit

 
   

Management

 
 

Tuesday 14 October

Until no later than

The Law Society

 
  

2.30 pm

  
 

Tuesday 14 October

Until no later than

GMB; Unison; Unite

 
  

3.15 pm

  
 

Tuesday 14 October

Until no later than

Toynbee Hall; Met Police

 
  

3.45 pm

International Corruption

 
   

Division

 
 

Tuesday 14 October

Until no later than

Trades Union Congress;

 
  

4.15 pm

Chartered Institute of Personnel

 
   

and Development

 
 

Thursday 16 October

Until no later than

British Beer and Pub

 
  

12.30 pm

Association; Association of

 
   

Licensed Multiple Retailers;

 
   

Campaign for Real Ale; Fair

 
   

Pint

 
 

Thursday 16 October

Until no later than

Ofsted

 
  

1.00 pm

  
 

Thursday 16 October

Until no later than

R3: Association of Business

 
  

2.30 pm

Recovery Professionals

 
 

Thursday 16 October

Until no later than

Family and Childcare Trust;

 
  

3.15 pm

National Day Nurseries

 
   

Association; National

 
   

Association of Head Teachers

 
 

Thursday 16 October

Until no later than

Department for Business,

 
  

4.00 pm

Innovation and Skills; Her

 
   

Majesty‘s Treasury

 

 
 

Public Bill Committee:                               

130

 

, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 35; Schedule 1; Clauses 36 to 66; Schedule 2;

 

Clauses 67 to 70; Schedule 3; Clauses 71 to 73; Schedule 4; Clauses 74 to 82;

 

Schedule 5; Clauses 83 to 85; Schedule 6; Clauses 86 to 99; Schedule 7;

 

Clause 100; Schedule 8; Clauses 101 to 121; Schedule 9; Clauses 122 to 132;

 

Schedule 10; Clauses 133 to 149; new Clauses; new Schedules; remaining

 

proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Thursday 6 November.

 


 
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