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| |
| |
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| | “designated bank” means a bank that has been designated by the Treasury |
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| | by virtue of section 4(7) or (Small and medium sized businesses: |
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| | information to finance platforms)(9); |
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| | “designated credit reference agency” means a credit reference agency that |
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| | has been designated by the Treasury by virtue of section 4(7); |
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| | “designated finance platform” means a finance platform that has been |
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| | designated by the Treasury by virtue of section (Small and medium sized |
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| | businesses: information to finance platforms)(9); |
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| | “finance platform” means a person that provides a service for the exchange |
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| | of information between finance providers and businesses that require |
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| | |
| | “finance provider” means a body corporate that lends money or provides |
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| | credit, or arranges or facilitates the provision of debt or equity finance, in |
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| | the course of a business (and regulations under sections 4 and (Small and |
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| | medium sized businesses: information to finance platforms) may make |
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| | further provision for the purpose of determining which finance providers |
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| | |
| | “public authority” has the same meaning as in the Freedom of Information |
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| | Act 2000 (see section 3 of that Act); |
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| | “regulated activities” has the same meaning as in the Financial Services and |
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| | Markets Act 2000 (see section 22 of that Act); |
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| | “subordinate legislation” has the same meaning as in the Interpretation Act |
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| | 1978 (see section 21 of that Act). |
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| | (3) | The Treasury may by regulations change the figure for the time being |
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| | specified in subsection (1)(a). |
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| | (4) | Before making regulations under subsection (3) the Treasury must |
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| | consult such persons as they consider appropriate. |
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| | (5) | Regulations under subsection (3) are subject to negative resolution |
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| | |
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| |
| |
| | |
| | To move the following Clause— |
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| | | “Small and micro business regulations: further provision |
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| | (1) | The small and micro business regulations may make provision— |
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| | (a) | about the calculation of the headcount of staff, turnover and |
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| | balance sheet total of an undertaking, including provision about |
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| | the period (“assessment period”) in respect of which they are to |
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| | |
| | (b) | for the headcount of staff, turnover and balance sheet total, or a |
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| | proportion of such, of any undertaking which satisfies such |
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| | conditions as may be prescribed in relation to another |
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| | undertaking (the “principal undertaking”) to be treated as part of |
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| | the principal undertaking’s headcount of staff, turnover and |
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| | |
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| |
| |
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| | (2) | Conditions which may be prescribed under subsection (1)(b) include, in |
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| | particular, conditions relating to— |
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| | (a) | the extent of ownership (whether direct or indirect) of one |
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| | undertaking by one or more other undertakings; |
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| | (b) | the degree of control exercised (whether directly or indirectly) |
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| | by one or more undertakings over another. |
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| | (3) | The small and micro business regulations may make provision about— |
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| | (a) | the assessment period or periods in respect of which an |
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| | undertaking must meet the small business size conditions or the |
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| | micro business size conditions in order to be a small business or |
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| | (as the case may be) micro business; |
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| | (b) | the circumstances in which an undertaking which has been |
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| | established for less than a complete assessment period is to be |
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| | regarded as meeting the small business size conditions or the |
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| | micro business size conditions. |
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| | (4) | Provision made by virtue of subsection (3) may, in particular, provide |
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| | |
| | (a) | an undertaking is a small business or a micro business if it meets |
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| | the relevant size conditions in respect of each of its two most |
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| | recent assessment periods; |
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| | (b) | where there has been only one complete assessment period since |
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| | an undertaking was established, the undertaking is a small |
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| | business or a micro business if it meets the relevant size |
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| | conditions in respect of that period; |
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| | (c) | an undertaking which is a small business or a micro business |
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| | does not cease to be such unless it fails to meet the relevant size |
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| | conditions in respect of two consecutive assessment periods. |
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| | (5) | The small and micro business regulations may make provision for one |
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| | undertaking (“undertaking A”) which satisfies such conditions as may be |
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| | prescribed in relation to another undertaking (“undertaking B”), to be |
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| | treated as being undertaking B (whether or not undertaking B is still in |
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| | existence) for such purposes as may be prescribed. |
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| | (6) | Conditions which may be prescribed under subsection (5) include, in |
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| | particular, conditions relating to— |
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| | (a) | the transfer of a business from undertaking B to undertaking A; |
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| | (b) | the carrying on by undertaking A of a business on undertaking B |
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| | ceasing to carry on the activities, or most of the activities, of |
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| | which the business consists in consequence of arrangements |
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| | involving both undertakings; |
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| | (c) | the existence of some other connection between undertaking A |
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| | |
| | (7) | The purposes which may be prescribed under subsection (5) include, in |
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| | |
| | (a) | determining the date on which undertaking A was established |
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| | (and so the number of assessment periods there have been since |
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| | |
| | (b) | determining which periods are assessment periods in respect of |
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| | |
| | (c) | calculating the headcount of staff, turnover and balance sheet |
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| | |
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|
| |
| |
|
| | (8) | The small and micro business regulations may provide that an |
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| | undertaking of such description as may be prescribed is not a small |
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| | business or a micro business even if it falls within the relevant definition. |
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| | |
| | “micro business size conditions”, “small business size conditions” and |
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| | “undertaking” have the same meanings as in section 30; |
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| | “prescribed” means prescribed in the small and micro business regulations.” |
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| |
| |
| |
| | |
| | To move the following Clause— |
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| | | “Exclusion of home businesses from Part 2 of the Landlord and Tenant Act |
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| | |
| | (1) | Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business, |
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| | professional and other tenants) is amended as follows. |
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| | (2) | In section 23(4) (tenancies to which Part 2 applies) at the beginning insert |
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| | “Subject to subsection (5),”. |
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| | (3) | After section 23(4) insert— |
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| | “(5) | Where the tenant’s breach of a prohibition (however expressed) of use for |
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| | business purposes which subsists under the terms of the tenancy and |
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| | extends to the whole of that property consists solely of carrying on a |
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| | 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 |
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| | has consented to the breach or the immediate landlord has acquiesced in |
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| | |
| | (6) | In subsection (5) “home business” has the same meaning as in section |
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| | |
| | (4) | After section 43 (tenancies excluded from Part 2), insert— |
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| | “43ZA | Further exclusion of home business tenancies from Part 2 |
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| | (1) | This Part of this Act does not apply to a home business tenancy. |
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| | (2) | A home business tenancy is a tenancy under which— |
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| | (a) | a dwelling-house is let as a separate dwelling, |
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| | (b) | the tenant or, where there are joint tenants, each of them, is an |
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| | |
| | (c) | the terms of the tenancy— |
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| | (i) | require the tenant or, where there are joint tenants, at |
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| | least one of them, to occupy the dwelling-house as a |
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| | home (whether or not as that individual’s only or |
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| | |
| | (ii) | permit a home business to be carried on in the dwelling- |
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| | house, or permit the immediate landlord to give consent |
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| | for a home business to be carried on in the dwelling- |
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| | |
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| |
| |
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| | (iii) | do not permit a business other than a home business to |
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| | be carried on in the dwelling-house. |
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| | (3) | The terms of a tenancy permit the carrying on of a home business if they |
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| | permit the carrying on of a particular home business, a particular |
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| | description of home business or any home business. |
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| | (4) | A “home business” is a business of a kind which might reasonably be |
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| | |
| | (5) | A business is not to be treated as a home business if it involves the supply |
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| | of alcohol for consumption on licensed premises which form all or part |
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| | |
| | (6) | The appropriate national authority may by regulations prescribe cases in |
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| | which businesses are, or are not, to be treated as home businesses. |
|
| | (7) | Regulations under this section— |
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| | (a) | may include transitional or saving provision, |
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| | (b) | may make different provision for different purposes, |
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| | (c) | are to be made by statutory instrument which— |
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| | (i) | in the case of an instrument made by the Secretary of |
|
| | State, is subject to annulment in pursuance of a |
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| | resolution of either House of Parliament, and |
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| | (ii) | in the case of an instrument made by the Welsh |
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| | Ministers, is subject to annulment in pursuance of a |
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| | resolution of the National Assembly for Wales. |
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| | (8) | For the purposes of this section, a dwelling-house which is let for mixed |
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| | residential and business use is capable of being let as a dwelling. |
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| | (9) | If, under a tenancy, a dwelling-house is let together with other land, then, |
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| | for the purposes of this section— |
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| | (a) | if the main purpose of the letting is the provision of a home for |
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| | the tenant, the other land is to be treated as part of the dwelling- |
|
| | |
| | (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. |
|
| | |
| | “the appropriate national authority” means— |
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| | (a) | in relation to England, the Secretary of State, and |
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| | (b) | in relation to Wales, the Welsh Ministers; |
|
| | “dwelling-house” may be a house or part of a house; |
|
| | |
| | “licensed premises” has the same meaning as in the Licensing Act 2003 (see |
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| | section 193 of that Act); |
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| | “supply of alcohol” has the same meaning as in the Licensing Act 2003 (see |
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| | 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 |
|
| | |
| | (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; |
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|
|
| |
| |
|
| | (c) | a tenancy which arises by operation of any enactment or other law when |
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| | a tenancy mentioned in paragraph (a) or (b) comes to an end.” |
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| |
| |
| |
| |
| | Negatived on division NC4 |
|
| | To move the following Clause— |
|
| | | “Government impact on small business performance: duty to report |
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| | (1) | The Secretary of State must provide for the making of an annual report to each |
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| | House of Parliament setting out steps the Government has taken to support British |
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| | small and medium-sized businesses over the previous 12 months. |
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| | (2) | The statement mentioned in subsection (1) must be made no more than 10 sitting |
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| | days before, or after, the end of each financial year following the coming into |
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| | |
| |
| |
| |
| |
| |
| | Negatived on division NC5 |
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| | To move the following Clause— |
|
| | | “Companies: dealing with suppliers |
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| | (1) | The Secretary of State may make regulations— |
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| | (a) | imposing a limit on the number of days after receipt of a supplier’s |
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| | invoice a company can seek to challenge that invoice; |
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| | (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 |
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| | 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 |
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| | to be an offence punishable on summary conviction— |
|
| | (a) | in England and Wales by a fine; |
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| | (b) | in Scotland or Northern Ireland, by a fine not exceeding level 5 on the |
|
| | |
| | (3) | The regulations may specify the size of company and supplier company to which |
|
| | |
| | (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— |
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|
|
| |
| |
|
| | “company” has the meaning given by section 1(1) of the Companies Act |
|
| | |
| | “prescribed” means prescribed by the regulations.”. |
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| |
| |
| |
| | |
| | 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 |
|
| | |
| | (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)”.” |
|
| |
| |
| |
| | |
| | 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”.” |
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| |
| |
| |
| | |
| | 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.” |
|
| |
| |
| |
| |
| | Negatived on division 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 |
|
| | |
| | (2) | Regulations under this section are subject to the affirmative resolution |
|
| | |
| |
| |
| | |
| | To move the following Clause— |
|
|