House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee:
274

, continued

clause.

Matthew Hancock

Jo Swinson

NC3

To move the following Clause—

“Small and micro business regulations: further provision

(1)
The small and micro business regulations may make provision—

(a)
about the calculation of the headcount of staff, turnover and

balance sheet total of an undertaking, including provision about

the period (“assessment period”) in respect of which they are to

be calculated;

(b)
for the headcount of staff, turnover and balance sheet total, or a

proportion of such, of any undertaking which satisfies such

conditions as may be prescribed in relation to another

undertaking (the “principal undertaking”) to be treated as part of

the principal undertaking’s headcount of staff, turnover and

balance sheet total.

(2)
Conditions which may be prescribed under subsection (1)(b) include, in

particular, conditions relating to—

(a)
the extent of ownership (whether direct or indirect) of one

undertaking by one or more other undertakings;

(b)
the degree of control exercised (whether directly or indirectly)

by one or more undertakings over another.

(3)
The small and micro business regulations may make provision about—

(a)
the assessment period or periods in respect of which an

undertaking must meet the small business size conditions or the

micro business size conditions in order to be a small business or

(as the case may be) micro business;

(b)
the circumstances in which an undertaking which has been

established for less than a complete assessment period is to be

regarded as meeting the small business size conditions or the

micro business size conditions.

(4)
Provision made by virtue of subsection (3) may, in particular, provide

that—

(a)
an undertaking is a small business or a micro business if it meets

the relevant size conditions in respect of each of its two most

recent assessment periods;

(b)
where there has been only one complete assessment period since

an undertaking was established, the undertaking is a small

business or a micro business if it meets the relevant size

conditions in respect of that period;

(c)
an undertaking which is a small business or a micro business

does not cease to be such unless it fails to meet the relevant size

conditions in respect of two consecutive assessment periods.

Public Bill Committee:
275

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(5)
The small and micro business regulations may make provision for one

undertaking (“undertaking A”) which satisfies such conditions as may be

prescribed in relation to another undertaking (“undertaking B”), to be

treated as being undertaking B (whether or not undertaking B is still in

existence) for such purposes as may be prescribed.

(6)
Conditions which may be prescribed under subsection (5) include, in

particular, conditions relating to—

(a)
the transfer of a business from undertaking B to undertaking A;

(b)
the carrying on by undertaking A of a business on undertaking B

ceasing to carry on the activities, or most of the activities, of

which the business consists in consequence of arrangements

involving both undertakings;

(c)
the existence of some other connection between undertaking A

and undertaking B.

(7)
The purposes which may be prescribed under subsection (5) include, in

particular—

(a)
determining the date on which undertaking A was established

(and so the number of assessment periods there have been since

it was established);

(b)
determining which periods are assessment periods in respect of

undertaking A;

(c)
calculating the headcount of staff, turnover and balance sheet

total of undertaking A.

(8)
The small and micro business regulations may provide that an

undertaking of such description as may be prescribed is not a small

business or a micro business even if it falls within the relevant definition.

(9)
In this section—

“micro business size conditions”, “small business size conditions” and

“undertaking” have the same meanings as in section 30;

“prescribed” means prescribed in the small and micro business regulations.”

Member’s explanatory statement

This new clause sets out the permitted content of regulations under amendments 22 and 23

supplementing the definitions of “small” and “micro” business. This includes provision about

calculating staff headcount, turnover and balance sheet totals, aggregating data of connected

undertakings, assessment periods, anti-avoidance and exceptions.

Matthew Hancock

Jo Swinson

NC11


To move the following Clause—

“Exclusion of home businesses from Part 2 of the Landlord and Tenant Act 1954

(1)
Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business,

professional and other tenants) is amended as follows.

(2)
In section 23(4) (tenancies to which Part 2 applies) at the beginning insert

“Subject to subsection (5),”.

(3)
After section 23(4) insert—

Public Bill Committee:
276

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“(5)
Where the tenant’s breach of a prohibition (however expressed) of use for

business purposes which subsists under the terms of the tenancy and

extends to the whole of that property consists solely of carrying on a

home business, this Part of this Act does not apply to the tenancy, even

if the immediate landlord or the immediate landlord’s predecessor in title

has consented to the breach or the immediate landlord has acquiesced in

the breach.

(6)
In subsection (5) “home business” has the same meaning as in section

43ZA.”

(4)
After section 43 (tenancies excluded from Part 2), insert—

“43ZA
Further exclusion of home business tenancies from Part 2

(1)
This Part of this Act does not apply to a home business tenancy.

(2)
A home business tenancy is a tenancy under which—

(a)
a dwelling-house is let as a separate dwelling,

(b)
the tenant or, where there are joint tenants, each of them, is an

individual, and

(c)
the terms of the tenancy—

(i)
require the tenant or, where there are joint tenants, at

least one of them, to occupy the dwelling-house as a

home (whether or not as that individual’s only or

principal home),

(ii)
permit a home business to be carried on in the dwelling-

house, or permit the immediate landlord to give consent

for a home business to be carried on in the dwelling-

house, and

(iii)
do not permit a business other than a home business to

be carried on in the dwelling-house.

(3)
The terms of a tenancy permit the carrying on of a home business if they

permit the carrying on of a particular home business, a particular

description of home business or any home business.

(4)
A “home business” is a business of a kind which might reasonably be

carried on at home.

(5)
A business is not to be treated as a home business if it involves the supply

of alcohol for consumption on licensed premises which form all or part

of the dwelling-house.

(6)
The appropriate national authority may by regulations prescribe cases in

which businesses are, or are not, to be treated as home businesses.

(7)
Regulations under this section—

(a)
may include transitional or saving provision,

(b)
may make different provision for different purposes,

(c)
are to be made by statutory instrument which—

(i)
in the case of an instrument made by the Secretary of

State, is subject to annulment in pursuance of a

resolution of either House of Parliament, and

(ii)
in the case of an instrument made by the Welsh

Ministers, is subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

Public Bill Committee:
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(8)
For the purposes of this section, a dwelling-house which is let for mixed

residential and business use is capable of being let as a dwelling.

(9)
If, under a tenancy, a dwelling-house is let together with other land, then,

for the purposes of this section—

(a)
if the main purpose of the letting is the provision of a home for

the tenant, the other land is to be treated as part of the dwelling-

house, and

(b)
if the main purpose of the letting is not as mentioned in

paragraph (a), the tenancy is to be treated as not being one under

which a dwelling-house is let as a separate dwelling.

(10)
In this section—

“the appropriate national authority” means—

(a)
in relation to England, the Secretary of State, and

(b)
in relation to Wales, the Welsh Ministers;

“dwelling-house” may be a house or part of a house;

“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

Public Bill Committee:
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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.”.

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.

Public Bill Committee:
279

, continued

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

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”.

Public Bill Committee:
280

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(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.”

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.”



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