House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

45

House of Commons

Tuesday 4 November 2014

Public Bill Committee Proceedings

Small Business, Enterprise and

Employment Bill

[Thirteenth and Fourteenth Sittings]

Clauses 92 to 99 Agreed to.

Schedule 7 Agreed to.

Clause 100 Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  33

Schedule  8,  page  214,  line  27,  leave out “11C” and insert “11E”

Schedule, as amended, Agreed to.

Clauses 101 to 104 Agreed to.

Toby Perkins

Mr Iain Wright

Ian Murray

Withdrawn  217

Clause  105,  page  83,  line  10,  at end insert—

“(3)
This section shall not come into force until the Secretary of State has carried out

a full review of the impacts of abolishing the time limits for administration and

the effect of such a change on this section.”

Clause Agreed to.

:
46

, continued

Clause 106 Agreed to on division.

Matthew Hancock

Jo Swinson

Agreed to  163

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

assignation)”

Matthew Hancock

Jo Swinson

Agreed to  164

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

assignation)”

Clause, as amended, Agreed to.

Clause 108 Agreed to.

Toby Perkins

Mr Iain Wright

Ian Murray

Negatived on division  218

Clause  109,  page  85,  line  7,  leave out “creditors’ committee or”

Clause Agreed to.

Toby Perkins

Mr Iain Wright

Ian Murray

Agreed to  219

Clause  110,  page  85,  line  24,  leave out from “least” to “a” in line 25 and insert “one

creditor makes”

Matthew Hancock

Jo Swinson

Agreed to  165

Clause  110,  page  85,  line  30,  leave out from beginning to end of line 33 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 qualifying decision procedure (other than a

creditors’ meeting or a contributories’ meeting);

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47

, continued

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

a contributories’ meeting.”

Matthew Hancock

Jo Swinson

Agreed to  166

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.”

Matthew Hancock

Jo Swinson

Agreed to  167

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.”

Matthew Hancock

Jo Swinson

Agreed to  168

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

Matthew Hancock

Jo Swinson

Agreed to  169

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

Matthew Hancock

Jo Swinson

Agreed to  170

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

Matthew Hancock

Jo Swinson

Agreed to  171

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,”

Matthew Hancock

Jo Swinson

Agreed to  172

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

:
48

, continued

Matthew Hancock

Jo Swinson

Agreed to  173

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

Clause, as amended, Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  174

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

of Parts,”

Matthew Hancock

Jo Swinson

Agreed to  175

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

Matthew Hancock

Jo Swinson

Agreed to  176

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.”

Matthew Hancock

Jo Swinson

Agreed to  177

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

Matthew Hancock

Jo Swinson

Agreed to  178

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.”

:
49

, continued

Toby Perkins

Mr Iain Wright

Ian Murray

Negatived on division  220

Clause  111,  page  88,  line  41,  at end insert—

“(4A)
The deemed consent procedure may not be used where the insolvency practitioner

judges that a face-to-face meeting would incur no additional cost saving to

creditors.”

Matthew Hancock

Jo Swinson

Agreed to  179

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.”

Matthew Hancock

Jo Swinson

Agreed to  180

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

Matthew Hancock

Jo Swinson

Agreed to  181

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

Matthew Hancock

Jo Swinson

Agreed to  182

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

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

in, procedures,”

Matthew Hancock

Jo Swinson

Agreed to  183

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

Matthew Hancock

Jo Swinson

Agreed to  184

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

Clause, as amended, Agreed to.

:
50

, continued

Matthew Hancock

Jo Swinson

Agreed to  185

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

Clause, as amended, Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  186

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

Clause, as amended, Agreed to.

Matthew Hancock

Jo Swinson

Not selected  187

Page  92,  line  29,  leave out Clause 114

Clause Disagreed to.

Clauses 115 and 116 Agreed to.

Toby Perkins

Mr Iain Wright

Ian Murray

Negatived on division  221

Clause  117,  page  93,  line  28,  after “(administration)”, insert “which relates to pre

pack administrations,”

Toby Perkins

Mr Iain Wright

Ian Murray

Negatived on division  222

Clause  117,  page  93,  leave out line 36.

Toby Perkins

Mr Iain Wright

Ian Murray

Withdrawn  216

Clause  117,  page  94,  line  27,  after sub-paragraph (6) insert—

“(6A)
Regulations under this paragraph may only be made in relation to pre-packaged

sales by administrators.

(6B)
For the purposes of this paragraph a pre-packaged sale is an arrangement under

which the sale of all or part of a company’s business or assets is negotiated with

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51

, continued

a purchaser prior to the appointment of the administrator and the administrator

effects the sale immediately on, or shortly after, his appointment.”

Clause Agreed to.

Clause 118 Agreed to.

Toby Perkins

Mr Iain Wright

Ian Murray

Withdrawn  223

Clause  119,  page  95,  line  21,  leave out “an amount prescribed by the rules” and

insert “£100”

Clause Agreed to.

Toby Perkins

Mr Iain Wright

Ian Murray

Negatived on division  224

Clause  120,  page  95,  line  30,  leave out “an amount prescribed by the rules” and

insert “£100”

Clause Agreed to.

Clause 121 Agreed to.

Toby Perkins

Mr Iain Wright

Ian Murray

Negatived on division  225

Schedule  9,  page  215,  line  41,  leave out paragraph 6

Schedule Agreed to.

Matthew Hancock

Jo Swinson

Agreed to  188

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

to approve the proposed voluntary”

Clause, as amended, Agreed to.



© Parliamentary copyright	Revised 5 November 2014