Session 2014 - 15
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Other Bills before Parliament


 
 

Consideration of Bill:                               

872

 

, continued

 
 

Secretary Vince Cable

 

Clause  64,  page  47,  leave out from “pubs” in line 27 to the end of line 30 and insert “of

 

which a pub-owning business (“B”) is the landlord, any tied pub the landlord of which is

 

a person who is a group undertaking in relation to B is treated as a tied pub of which B is

 

the landlord.”

 

Member’s explanatory statement

 

See amendment 42.

 

Secretary Vince Cable

 

Clause  64,  page  47,  line  37,  leave out subsection (6)

 

Member’s explanatory statement

 

See amendment 42.

 

Secretary Vince Cable

 

Clause  65,  page  47,  line  41,  after “tenant” insert “or licensee”

 

Member’s explanatory statement

 

See amendment 38.

 

Secretary Vince Cable

 

Clause  65,  page  48,  line  1,  at end insert “or licence to occupy”

 

Member’s explanatory statement

 

See amendment 38.

 

Secretary Vince Cable

 

Clause  65,  page  48,  line  5,  leave out “immediate landlord” and insert “—

 

(a)    

in relation to a tied pub occupied under a tenancy, the immediate

 

landlord, or

 

(b)    

in relation to a tied pub occupied under a licence, the licensor;

 

“licence” means a licence to occupy premises; and “licensee” is to be

 

construed accordingly;”

 

Member’s explanatory statement

 

See amendment 38.

 

Secretary Vince Cable

 

Clause  65,  page  48,  leave out lines 13 and 14

 

Member’s explanatory statement

 

See amendment 38.

 

Secretary Vince Cable

 

Clause  65,  page  48,  line  15,  after second “the” insert “tied pub”

 

Member’s explanatory statement

 

See amendment 38.


 
 

Consideration of Bill:                               

873

 

, continued

 
 

Secretary Vince Cable

 

Clause  65,  page  48,  line  16,  after second “the” insert “tied pub”

 

Member’s explanatory statement

 

See amendment 38.

 

Secretary Vince Cable

 

Clause  65,  page  48,  line  17,  after third “the” insert “tied pub”

 

Member’s explanatory statement

 

See amendment 38.

 

Secretary Vince Cable

 

Clause  66,  page  48,  line  25,  at end insert—

 

““group undertaking” has the meaning given by section 1161 of the

 

Companies Act 2006;”

 

Member’s explanatory statement

 

See amendment 42.

 

Secretary Vince Cable

 

Clause  66,  page  48,  line  26,  leave out from “rent assessment”” to the end of line 30

 

and insert “has such meaning as may be prescribed in regulations made by the Secretary

 

of State”

 

Member’s explanatory statement

 

This amendment gives the Secretary of State a power to define a parallel rent assessment in

 

regulations in order to ensure that there is flexibility in how the Pubs Code deals with parallel rent

 

assessments for different types of tied pub agreements.

 

Secretary Vince Cable

 

Clause  66,  page  48,  line  33,  leave out paragraph (a) and insert—

 

“(a)    

that a product to be sold at the tied pub must be supplied by—

 

(i)    

the landlord of the tied pub or a person who is a group

 

undertaking in relation to the landlord, or

 

(ii)    

a person nominated by the landlord or by a person who is group

 

undertaking in relation to the landlord;”

 

Member’s explanatory statement

 

See amendment 40.


 
 

Consideration of Bill:                               

874

 

, continued

 
 

Secretary Vince Cable

 

Clause  67,  page  49,  line  3,  leave out subsection (1) and insert—

 

“(1)    

Subject to subsection (2), regulations under this Part are subject to affirmative

 

resolution procedure.”

 

Member’s explanatory statement

 

This amendment provides that all regulations under the Part, other than regulations under section

 

61(1)(c), are subject to affirmative resolution procedure.

 

Secretary Vince Cable

 

Clause  67,  page  49,  line  5,  at end insert—

 

“( )    

If a draft of an instrument containing regulations under section (Power to grant

 

exemptions from Pubs Code) would, apart from this subsection, be treated for the

 

purposes of the Standing Orders of either House of Parliament as a hybrid

 

instrument, it is to proceed as if it were not such an instrument.”

 

Member’s explanatory statement

 

This amendment provides that any regulations made under the power to exempt from the Pubs

 

Code which would otherwise be subject to the hybrid instrument procedure in the House of Lords

 

will not be so subject.

 

new clauses, new schedules and amendments relating to part 1

 

Debbie Abrahams

 

Bill Esterson

 

NC1

 

To move the following Clause

 

         

“Payment practices: retention of monies

 

(1)    

The Secretary of State may by regulations impose requirements on certain

 

companies to publish information about their policies, practices and performance

 

in holding, safeguarding and releasing sums withheld by, or in behalf of, a payer

 

from monies which would otherwise be due under a contract, the effect of which

 

would provide the payer with security for the current and future performance by

 

the payee of any or all of the payee’s obligations under the contract (“retention

 

monies”).

 

(2)    

The regulations under subsection (2) may prescribe—

 

(a)    

the companies or type of companies to which the regulations apply;

 

(b)    

the information required to be published;

 

(c)    

the intervals at which, and format and manner in which, publication must

 

take place; and

 

(d)    

the type of description of contractual provision to which the regulations

 

apply.

 

(3)    

The restrictions on regulations in subsection (3) of section 3 of this Act shall

 

apply to regulations made under subsection (1) of this section.

 

(4)    

The Secretary of State shall arrange a review of the operation of the type of

 

contractual provisions mentioned in subsection (1) after a period of 18 months

 

following the coming into force of the first regulations made under subsection (1).

 

He shall lay a copy of the report of the review before each House of Parliament.


 
 

Consideration of Bill:                               

875

 

, continued

 
 

(5)    

The review provided for under subsection (3) may make recommendations for

 

requirements and obligations to be imposed upon certain types or descriptions of

 

companies in relation to the practice of retaining monies as described in

 

subsection (1). After public consultation, the Secretary of State may by

 

regulations impose such requirements and obligations on prescribed companies

 

as were recommended by the review, in whole or in part and with such

 

amendments as the Secretary of State believes to be required in order to—

 

(a)    

ensure that the practice of withholding retention monies does not give

 

rise to unfair treatment of payees;

 

(b)    

provide assurance that retention monies are held securely; and

 

(c)    

ensure that the position of a payee company from whom retention monies

 

are being withheld is protected when a payer company becomes

 

insolvent.”

 


 

Toby Perkins

 

Mr Iain Wright

 

Ian Murray

 

Debbie Abrahams

 

Caroline Lucas

 

Bill Esterson

 

NC3

 

To move the following Clause

 

         

“Prompt Payment Code, duties of the Secretary of State

 

(1)    

The Secretary of State shall—

 

(a)    

ensure that any business with payment terms of more than 60 days cannot

 

sign up to the Prompt Payment Code, and that any existing signatory with

 

payment terms of more than 60 days is removed from the list;

 

(b)    

at the end of each financial year, the Secretary of State shall write to all

 

busineses in the FTSE 350 who are not signatories of the Prompt

 

Payment Code asking them to become so;

 

(c)    

the Secretary of State shall publish a list of those businesses written to

 

prominently on the Government’s website.”

 


 

Toby Perkins

 

Mr Iain Wright

 

Ian Murray

 

Debbie Abrahams

 

Caroline Lucas

 

Bill Esterson

 

NC4

 

To move the following Clause

 

         

“Late payment review

 

(1)    

The Secretary of State shall—

 

(a)    

conduct a review into how the Government can use the payment

 

publishing regime to ensure that small businesses who are paid late by a


 
 

Consideration of Bill:                               

876

 

, continued

 
 

larger supplier are automatically paid compensation, and into how the

 

onus of reporting late payment can be shifted away from the smallest

 

businesses who cannot afford to lose significant customers; and

 

(b)    

report back to both Houses of Parliament on the conclusions of the

 

review.”

 


 

Debbie Abrahams

 

Clause  3,  page  4,  line  33,  at end insert—

 

“(g)    

about the circumstances and process for amending payment terms of the

 

company.”

 

Member’s explanatory statement

 

This is for companies to include details of the circumstances and processs (including who will be

 

involved) by which payment terms would be amended, preventing unilateral and ad hoc changes.

 

Caroline Lucas

 

Clause  11,  page  12,  line  19,  at end insert—

 

“(5)    

The Secretary of State may by order establish a Prohibited List of certain classes

 

of exports that cannot receive UKEF/ECGD support.

 

(6)    

An order establishing , or thereafter amending a list for the purposes mentioned

 

in subsection (5) shall be subject to the affirmative resolution procedure.”

 

Member’s explanatory statement

 

This amendment would grant the Secretary of State the power to prohibit specifed types of exports

 

from receiving government support, thereby enabling UK export finance provision to reflect

 

government policies and priorities, such as preventing arms sales to certain regimes. The content

 

of, or changes to, any such list would need to be approved by Parliament.

 

NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 2

 

Secretary Vince Cable

 

NC5

 

To move the following Clause

 

         

“Independent Complaints Commissioner: reporting duty

 

(1)    

Section 87 of the Financial Services Act 2012 (investigation of complaints

 

against regulators) is amended as follows.

 

(2)    

After subsection (9) insert—

 

“(9A)    

The complaints scheme must provide—

 

(a)    

for the investigator to prepare an annual report on its

 

investigations under the scheme, to publish it and send a copy of

 

it to each regulator and to the Treasury;


 
 

Consideration of Bill:                               

877

 

, continued

 
 

(b)    

for each regulator to respond to any recommendations or

 

criticisms relating to it in the report, to publish the response and

 

send a copy of it to the investigator and the Treasury;

 

(c)    

for the Treasury to lay the annual report and any response before

 

Parliament.

 

(9B)    

The complaints scheme may make provision about the period to which

 

each annual report must relate (“the reporting period”) and the contents

 

of the report and must in particular provide for it to include—

 

(a)    

information concerning any general trends emerging from the

 

investigations undertaken during the reporting period;

 

(b)    

any recommendations which the investigator considers

 

appropriate as to the steps a regulator should take in response to

 

such trends;

 

(c)    

a review of the effectiveness during the reporting period of the

 

procedures (both formal and informal) of each regulator for

 

handling and resolving complaints which have been investigated

 

by the investigator during the reporting period;

 

(d)    

an assessment of the extent to which those procedures were

 

accessible and fair, including where appropriate an assessment in

 

relation to different categories of complainant;

 

(e)    

any recommendations about how those procedures, or the way in

 

which they are operated, could be improved.”

 

Member’s explanatory statement

 

This amendment requires the scheme established by the financial services regulators for the

 

investigation of complaints to provide for the investigator to produce an annual report on its

 

investigations. The report must describe any general trends emerging from such investigations,

 

and assess the accessibility and fairness of the regulators’ handling of the complaints investigated.

 


 

Caroline Lucas

 

Page  20,  line  5,  leave out clauses 20 to 26.

 

Member’s explanatory statement

 

This amendment removes the obligation on future governments to set a deregulation “business

 

impact” target for each Parliament.

 

Secretary Vince Cable

 

Clause  20,  page  20,  line  19,  at end insert—

 

“( )    

The Secretary of State must lay each thing published under subsection (1) or (3)

 

before Parliament.”

 

Member’s explanatory statement

 

This amendment requires the business impact target, the interim target, the determination of

 

qualifying regulatory provisions and the methodology for assessing the target to be laid before

 

Parliament (in addition to the requirement for these things to be published which is currently

 

required by the clauses).


 
 

Consideration of Bill:                               

878

 

, continued

 
 

Secretary Vince Cable

 

Clause  25,  page  25,  line  10,  after “lay” insert “the thing as amended and”

 

Member’s explanatory statement

 

This amendment requires any changes made by the Secretary of State to the business impact target,

 

the interim target, the determination of qualifying regulatory provisions and the methodology for

 

assessing the target, to be laid before Parliament.

 

NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 3

 

Debbie Abrahams

 

Bill Esterson

 

Clause  37,  page  35,  line  9,  at end insert—       

 

“( )    

duties to establish the past payment peformance of potential parties to a

 

contract, before contracts are entered into;

 

( )    

duties to ensure contracts entered into include the contractor’s

 

requirements for prompt payment of their suppliers.”

 

Member’s explanatory statement

 

These are to ensure that the payment performance of potential contractors are known before

 

contracts are entered into and that contracts entered into require contractors to pay their suppliers

 

promptly.

 

Mr Iain Wright

 

Ian Murray

 

Toby Perkins

 

Clause  37,  page  35,  line  16,  at end insert—

 

“( )    

duties relating to the provision of apprenticeships and training

 

opportunities as a result of procurement;

 

( )    

duties to publish reports about the amount of expenditure underaken by

 

the relevant procurement function in relation to—

 

(i)    

amount and proportion of expenditure undertaken by small and

 

medium-sized enterprises,

 

(ii)    

amount and proportion of expenditure undetaken in the local

 

area.”

 

Mr Iain Wright

 

Ian Murray

 

Toby Perkins

 

Clause  37,  page  35,  line  22,  at end add—

 

“(5A)    

A person making regulations under this section may also specify the reasons why

 

firms may be excluded from entering into contracts.”


 
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