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Small Business, Enterprise and Employment BillPage 40

(5) A review may consider whether it would be desirable to amend or replace any
regulations for the time being in force under section 42(2) or (7) or 49(6).

(6) As soon as practicable after a review period, the Secretary of State must—

(a) publish a report of the findings of the review for that period, and

(b) 5lay a copy of the report before Parliament.

(7) As a result of the findings of a review, the Secretary of State may give guidance
to the Adjudicator about any matter relating to the Adjudicator’s functions.

(8) The Adjudicator must take account of the guidance in carrying out functions.

57 Abolition of Adjudicator

(1) 10The Secretary of State may by regulations abolish the Adjudicator—

(a) if, as a result of the findings of a review, the Secretary of State is
satisfied that the Adjudicator has not been sufficiently effective in
securing compliance with the Pubs Code to justify the continued
existence of an Adjudicator,

(b) 15if, as a result of the findings of a review, the Secretary of State is
satisfied that it is no longer necessary for there to be an Adjudicator to
secure compliance with the Pubs Code, or

(c) if the Pubs Code is revoked and not replaced.

(2) The regulations may include provision transferring the Adjudicator’s
20property, rights and liabilities.

(3) For the purpose of giving effect to the abolition of the Adjudicator, the
regulations may amend or repeal this Part or any other enactment, including
an enactment comprised in subordinate legislation within the meaning of the
Interpretation Act 1978.

58 25Information to Secretary of State

The Secretary of State may require the Adjudicator to provide information to
assist the Secretary of State in carrying out functions under this Part.

Interpretation of this Part

59 “Tied pub”

(1) 30In this Part a “tied pub” means premises in relation to which conditions A to D
are met.

(2) Condition A is that the premises have a premises licence authorising the retail
sale of alcohol for consumption on the premises.

(3) Condition B is that the main activity or one of the main activities carried on at
35the premises is the retail sale of alcohol to members of the public for
consumption on the premises.

(4) Condition C is that the premises are occupied under a tenancy.

(5) Condition D is that the tenant of the premises is contractually obliged to buy
from the landlord, or from a person nominated by the landlord, some or all of
40the alcohol to be sold at the premises.

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(6) In this section—

60 “Pub-owning business” and “large pub-owning business”

(1) 5In this Part a “pub-owning business” means a person who is the landlord of
one or more tied pubs.

(2) In the period beginning with the day on which the Pubs Code comes into force
and ending with the following 31 March, a pub-owning business is a “large
pub-owning business” for the purposes of this Part if, immediately before the
10Pubs Code comes into force, the business was the landlord of 500 or more tied
pubs.

(3) In any subsequent financial year, a pub-owning business is a “large pub-
owning business” for the purposes of this Part if, for a period of at least 6
months in the previous financial year, the business was the landlord of 500 or
15more tied pubs.

(4) For the purposes of calculating a number of tied pubs as referred to in
subsections (2) and (3), any tied pub of which a subsidiary of the pub-owning
business is the landlord is treated as a tied pub of which the pub-owning
business is the landlord.

(5) 20The Secretary of State may by regulations—

(a) amend subsections (2) and (3) so as to substitute a different number of
tied pubs, or a different period, from the number or period for the time
being specified there,

(b) make provision in relation to the calculation of the number of tied pubs,
25whether by amending subsection (4) or otherwise.

(6) In this section “subsidiary” has the same meaning as in section 1159 of the
Companies Act 2006.

61 “Tied pub tenant”, “landlord” and “tenancy”

(1) In this Part a “tied pub tenant” means a person—

(a) 30who is the tenant of a tied pub, or

(b) who is a party to negotiations relating to the prospective tenancy of
premises which are, or on completion of the negotiations are expected
to be, a tied pub.

(2) In this Part—

and references in this Part to the landlord and the tenant are to be interpreted
accordingly.

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(3) Where two or more persons jointly constitute either the landlord or the tenant,
any reference in this Part to the landlord or to the tenant is a reference to both
or all of the persons who jointly constitute the landlord or the tenant, as the
case may require.

62 5Interpretation: other provision

(1) In this Part—

(2) 25In this Part, a reference to a pub-owning business complying with, or failing to
comply with, the Pubs Code is to be interpreted as a reference to complying
with or failing to comply with—

(a) a provision of the Code with which that business is bound to comply,

(b) a provision of the Code which relates to—

(i) 30a tied pub of which that business is the landlord, or

(ii) negotiations which are expected to result in premises becoming
a tied pub of which that business would be the landlord.

Regulations under this Part

63 Regulations under this Part

(1) 35Regulations under section 36(1), 38(1) or (7), 42(2) or (7), 49(6), 57(1)(a) or (b) or
60(5) are subject to affirmative resolution procedure.

(2) Regulations under section 57(1)(c) are subject to negative resolution procedure.

Part 5 Childcare and schools

64 40Exemption from requirement to register as early years provider

(1) In section 34(2) of the Childcare Act 2006 (requirement to register as early years
provider) for “three” substitute “two”.

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(2) In section 40(1)(b) of that Act (duty to implement Early Years Foundation
Stage) for “3” substitute “2”.

(3) In section 63(3) of that Act (applications for registration on the general
register)—

(a) 5in the words before paragraph (a), for “three” substitute “two”;

(b) in paragraph (c) (as it has effect prior to the coming into force of
paragraph 35(4) of Schedule 1 to the Education and Skills Act 2008) for
“three” substitute “two”.

(4) In section 99(1)(b) of that Act (provision of information about young children:
10England) for “3” substitute “2”.

(5) In section 157(2)(b) of the Education Act 2002 (independent school standards),
(as that provision has effect until the repeal by paragraph 16 of Schedule 1 to
the Education and Skills Act 2008 comes into force) for “three” substitute
“two”.

(6) 15In section 94(5)(b) of the Education and Skills Act 2008 (independent
educational institution standards) for “three” substitute “two”.

65 Childminding other than on domestic premises

(1) Section 96 of the Childcare Act 2006 (meaning of early years and later years
provision etc.) is amended in accordance with subsections (2) to (5).

(2) 20In subsection (4) (definition of “early years childminding”)—

(a) omit “on domestic premises”, and

(b) after “reward” insert “, where at least half of the provision is on
domestic premises”.

(3) In subsection (5) (exception to subsection (4))—

(a) 25for “on domestic premises for reward” substitute “which would
otherwise fall within subsection (4)”, and

(b) omit “on the premises”.

(4) In subsection (8) (definition of “later years childminding”)—

(a) omit “on domestic premises”, and

(b) 30after “reward” insert “, where at least half of the provision is on
domestic premises”.

(5) In subsection (9) (exception to subsection (8))—

(a) for “on domestic premises for reward” substitute “which would
otherwise fall within subsection (8)”, and

(b) 35omit “on the premises”.

(6) In section 34 of that Act (requirement to register: other early years providers)—

(a) after subsection (1) insert—

(1ZA) Subsection (1) does not apply in relation to early years
provision—

(a) 40if it is early years childminding in respect of which the
person providing it is required to be registered under
section 33(1), or

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(b) if it would be early years childminding but for section
96(5) and in respect of which the person providing it is
required to be registered under subsection (1A)., and

(b) in subsection (1A) omit “on domestic premises”.

(7) 5In section 53 of that Act (requirement to register: other later years providers)—

(a) after subsection (1) insert—

(1ZA) Subsection (1) does not apply in relation to later years
provision—

(a) if it is later years childminding in respect of which the
10person providing it is required to be registered under
section 52(1), or

(b) if it would be later years childminding but for section
96(9) and in respect of which the person providing it is
required to be registered under subsection (1A)., and

(b) 15in subsection (1A) omit “on domestic premises”.

66 Registration of childcare: premises

Schedule 2 makes amendments for the purpose of removing the requirement
for certain childcare providers to be registered under the Childcare Act 2006 in
respect of each premises from which they operate.

20Part 6 Education evaluation

67 Assessments of effectiveness

(1) Part 3 of the Education and Skills Act 2008 is amended as follows.

(2) In section 87 (benefit and training information)—

(a) 25in each of subsections (2)(a) and (3)(a) omit “who has attained the age
of 19”;

(b) in subsection (3)(c) omit “(whether before or after the individual
attained the age of 19)”;

(c) in subsection (4)(a) omit “provided for persons who have attained the
30age of 19”;

(d) in subsection (4)(b) and (c) omit “such”, in each place.

(3) Omit section 91(6) (references to training or education do not include
references to higher education).

(4) In consequence of the amendments made by subsections (1) to (3)—

(a) 35for the Part title substitute “Assessments of effectiveness of education
and training etc”;

(b) omit the italic heading before section 87.

68 Qualifications

(1) After section 253 of the Apprenticeships, Skills, Children and Learning Act

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2009 insert—

Qualifications

253A Qualifications

(1) A person in England may, in prescribed circumstances, provide
5student information of a prescribed description to—

(a) the Secretary of State,

(b) an information collator,

(c) a prescribed person, or

(d) a person falling within a prescribed category.

(2) 10A person in Wales may, in prescribed circumstances, provide student
information of a prescribed description to—

(a) the Welsh Ministers,

(b) an information collator,

(c) a prescribed person, or

(d) 15a person falling within a prescribed category.

(3) In subsection (2) “prescribed” means prescribed in regulations made by
the Welsh Ministers.

(4) Subject to subsection (5)(a), information received under or by virtue of
this section is not to be published in any form which identifies the
20individual to whom it relates.

(5) This section—

(a) does not affect any power to provide or publish information
which exists apart from this section, and

(b) is subject to any express restriction on the provision of
25information imposed by another enactment.

(6) In this section—

(2) In section 262 of the Apprenticeships, Skills, Children and Learning Act 2009
40(orders and regulations)—

(a) in subsection (1) (orders and regulations to be made by statutory
instrument etc) after “Part 3 or 4” insert “, or section 253A”, and

(b) in subsection (9) (statutory instruments which are subject to annulment
in pursuance of a resolution of the National Assembly for Wales if
45containing regulations etc made by the Welsh Ministers) for “or 107”
substitute “, 107 or 253A”.

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69 Destinations

Before section 50 of the Further and Higher Education Act 1992 insert—

49B Destinations

(1) The Secretary of State may provide destination information to the
5governing body of an institution in England within the further
education sector.

(2) The Welsh Ministers may provide destination information to the
governing body of an institution in Wales within the further education
sector.

(3) 10In this section “destination information”, in relation to an institution,
means information which—

(a) relates to a former student of the institution, and

(b) includes information as to prescribed activities of the former
student after leaving the institution.

(4) 15Regulations under subsection (3)(b) which prescribe activities as to
which the Welsh Ministers may provide information are to be made by
the Welsh Ministers.

(5) Subject to subsection (6)(a), information received under this section is
not to be published in any form which identifies the individual to
20whom it relates.

(6) This section—

(a) does not affect any power to provide or publish information
which exists apart from this section, and

(b) is subject to any express restriction on the provision of
25information imposed by another enactment.

Part 7 Companies: Transparency

Register of people with significant control

70 Register of people with significant control

30Schedule 3 amends the Companies Act 2006 to require companies to keep a
register of people who have significant control over the company.

71 Review of provisions about PSC registers

(1) The Secretary of State must before the end of the review period—

(a) carry out a review of Part 21A of the Companies Act 2006 (inserted by
35Schedule 3 to this Act) and of other provisions of the Companies Act
2006 inserted by this Act that relate to that Part, and

(b) prepare and publish a report setting out the conclusions of the review.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the provisions of the
40Companies Act 2006 mentioned in subsection (1)(a),

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(b) assess the extent to which those objectives have been achieved, and

(c) assess whether those objectives remain appropriate and, if so, the
extent to which they could be achieved in another way that imposed
less regulation.

(3) 5The Secretary of State must lay the report before Parliament.

(4) The “review period” is the period of 3 years beginning with the day on which
section 80 (duty to deliver confirmation statement instead of annual return)
comes into force.

Register of interests disclosed

72 10Amendment of section 813 of the Companies Act 2006

In section 813 of the Companies Act 2006 (register of interests disclosed: refusal
of inspection or default in providing copy), in subsection (1), for the words “an
order of the court” substitute “section 812”.

Abolition of share warrants to bearer

73 15Abolition of share warrants to bearer

(1) In section 779 of the Companies Act 2006 (issue and effect of share warrant to
bearer), after subsection (3) insert—

(4) No share warrant may be issued by a company (irrespective of whether
its articles purport to authorise it to do so) on or after the day on which
20section 73 of the Small Business, Enterprise and Employment Act 2015
comes into force.

(2) For the title of that section substitute “Prohibition on issue of new share
warrants and effect of existing share warrants”.

(3) Schedule 4—

(a) 25makes provision for arrangements by which share warrants issued
before this section comes into force are to be converted into registered
shares or cancelled, and

(b) makes amendments consequential on that provision.

74 Amendment of company’s articles to reflect abolition of share warrants

(1) 30This section applies in the case of a company limited by shares if, immediately
before the day on which section 73 comes into force, the company’s articles
contain provision authorising the company to issue share warrants (“the
offending provision”).

(2) The company may amend its articles for the purpose of removing the
35offending provision—

(a) without having passed a special resolution as required by section 21 of
the Companies Act 2006;

(b) without complying with any provision for entrenchment which is
relevant to the offending provision (see section 22 of that Act).

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(3) Section 26 of the Companies Act 2006 sets out the duty of a company to send
the registrar a copy of its articles where they have been amended.

(4) Expressions defined for the purposes of the Companies Act 2006 have the same
meaning in this section as in that Act.

75 5Review of section 73

(1) The Secretary of State must, as soon as reasonably practicable after the end of
the period of 5 years beginning with the day on which section 73 comes into
force—

(a) carry out a review of section 73, and

(b) 10prepare and publish a report setting out the conclusions of the review.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the section, and

(b) assess the extent to which those objectives have been achieved.

(3) The Secretary of State must lay the report before Parliament.

15Corporate directors

76 Requirement for all company directors to be natural persons

(1) The Companies Act 2006 is amended as follows.

(2) Omit section 155 (companies required to have at least one director who is a
natural person).

(3) 20In section 156 (direction requiring company to make appointment)—

(a) in subsection (1), for “section 155” substitute “provision by virtue of
section 156B(3)”;

(b) in subsection (4), for “of section 154 or 155” substitute “as mentioned in
subsection (1)”.

(4) 25Before section 157 (and after the preceding cross-heading) insert—

156A Each director to be a natural person

(1) A person may not be appointed a director of a company unless the
person is a natural person.

(2) Subsection (1) does not prohibit the holding of the office of director by
30a natural person as a corporation sole or otherwise by virtue of an
office.

(3) An appointment made in contravention of this section is void.

(4) Nothing in this section affects any liability of a person under any
provision of the Companies Acts or any other enactment if the person—

(a) 35purports to act as director, or

(b) acts as shadow director,

although the person could not, by virtue of this section, be validly
appointed as a director.

(5) This section has effect subject to section 156B (power to provide for
40exceptions from requirement that each director be a natural person).

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(6) If a purported appointment is made in contravention of this section an
offence is committed by—

(a) the company purporting to make the appointment,

(b) where the purported appointment is of a body corporate or a
5firm that is a legal person under the law by which it is governed,
that body corporate or firm, and

(c) every officer of a person falling within paragraph (a) or (b) who
is in default.

For this purpose a shadow director is treated as an officer of a company.

(7) 10A person guilty of an offence under this section is liable on summary
conviction—

(a) in England and Wales, to a fine;

(b) in Scotland or Northern Ireland, to a fine not exceeding level 5
on the standard scale.

156B 15Power to provide for exceptions from requirement that each director
be a natural person

(1) The Secretary of State may make provision by regulations for cases in
which a person who is not a natural person may be appointed a director
of a company.

(2) 20The regulations must specify the circumstances in which, and any
conditions subject to which, the appointment may be made.

(3) The regulations must include provision that a company must have at
least one director who is a natural person (and for this purpose the
requirement is met if the office of director is held by a natural person as
25a corporation sole or otherwise by virtue of an office).

(4) Regulations under this section may amend section 164 so as to require
particulars relating to exceptions to be contained in a company’s
register of directors.

(5) The regulations may make different provision for different parts of the
30United Kingdom.

This is without prejudice to the general power to make different
provision for different cases.

(6) Regulations under this section are subject to negative resolution
procedure.

156C 35Existing director who is not a natural person

(1) In this section “the relevant day” is the day after the end of the period
of 12 months beginning with the day on which section 156A comes into
force.

(2) Where—

(a) 40a person appointed a director of a company before section 156A
comes into force is not a natural person, and

(b) the case is not one excepted from that section by regulations
under section 156B,

that person ceases to be a director on the relevant day.

(3) 45The company must—

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