Session 2014 - 15
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Other Bills before Parliament


 
 

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, continued

 
 

“designated bank” means a bank that has been designated by the Treasury

 

by virtue of section 4(7) or (Small and medium sized businesses:

 

information to finance platforms)(9);

 

“designated credit reference agency” means a credit reference agency that

 

has been designated by the Treasury by virtue of section 4(7);

 

“designated finance platform” means a finance platform that has been

 

designated by the Treasury by virtue of section (Small and medium sized

 

businesses: information to finance platforms)(9);

 

“finance platform” means a person that provides a service for the exchange

 

of information between finance providers and businesses that require

 

finance;

 

“finance provider” means a body corporate that lends money or provides

 

credit, or arranges or facilitates the provision of debt or equity finance, in

 

the course of a business (and regulations under sections 4 and (Small and

 

medium sized businesses: information to finance platforms) may make

 

further provision for the purpose of determining which finance providers

 

they apply to);

 

“public authority” has the same meaning as in the Freedom of Information

 

Act 2000 (see section 3 of that Act);

 

“regulated activities” has the same meaning as in the Financial Services and

 

Markets Act 2000 (see section 22 of that Act);

 

“subordinate legislation” has the same meaning as in the Interpretation Act

 

1978 (see section 21 of that Act).

 

(3)    

The Treasury may by regulations change the figure for the time being

 

specified in subsection (1)(a).

 

(4)    

Before making regulations under subsection (3) the Treasury must

 

consult such persons as they consider appropriate.

 

(5)    

Regulations under subsection (3) are subject to negative resolution

 

procedure.”

 


 

Matthew Hancock

 

Jo Swinson

 

Agreed to  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.


 
 

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, continued

 
 

(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.

 

(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.


 
 

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, continued

 
 

(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.”

 


 

Matthew Hancock

 

Jo Swinson

 

Agreed to  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—

 

“(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


 
 

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, continued

 
 

(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.

 

(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;


 
 

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, continued

 
 

(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.”

 


 

Toby Perkins

 

Mr Iain Wright

 

Ian Murray

 

Negatived on division  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.”.

 


 

Toby Perkins

 

Mr Iain Wright

 

Ian Murray

 

Debbie Abrahams

 

Negatived on division  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—


 
 

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, continued

 
 

“company” has the meaning given by section 1(1) of the Companies Act

 

2006;

 

“prescribed” means prescribed by the regulations.”.

 


 

Matthew Hancock

 

Jo Swinson

 

Agreed to  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)”.”

 


 

Matthew Hancock

 

Jo Swinson

 

Agreed to  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)—


 
 

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, continued

 
 

(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”.”

 


 

Matthew Hancock

 

Jo Swinson

 

Agreed to  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.”

 


 

Mr Iain Wright

 

Ian Murray

 

Toby Perkins

 

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

 

as possible.

 

(2)    

Regulations under this section are subject to the affirmative resolution

 

procedure.”

 


 

Andrew Griffiths

 

Not called  NC10

 

To move the following Clause


 
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