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| | Clause 37, page 35, line 28, at end add— |
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| | | “(8A) | Regulations under this section are subject to the provisions of the Freedom of |
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| | Clause 37, page 35, line 30, leave out subsection (10) |
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| | NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 11 |
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| | | To move the following Clause— |
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| | | The Secretary of State shall within 3 months of Part II of this Act coming into |
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| | | (a) | bring forward proposals to mandate the payment of the Living Wage for |
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| | | all those employed to deliver government and public sector contracts, and |
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| | | (b) | consult on a strategy for increasing the National Minimum Wage to a |
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| | | level equal to that of the Living Wage.” |
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| | | Member’s explanatory statement
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| | | This amendment would require the Secretary of State to ensure all public sector contracts pay the |
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| | | Living Wage as a minimum and to consult on a strategy to increase the National Minimum Wage |
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| | | to a level equal to the level calulated for the Living Wage. |
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| | Clause 144, page 134, line 4, at end insert— |
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| | | “(6A) | The Secretary of State shall provide an annual report to Parliament on the |
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| | | (a) | enforcement of the national minimum wage; |
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| | | (b) | the level of the financial penalty for underpayment, including but not |
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| | | limited to its impact on compliance; and |
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| | | (c) | changes in provisions relating to the national minimum wage improving |
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| | | other measures of pay in the labour market.” |
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| | Clause 145, page 134, line 27, at end insert— |
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| | | “(3A) | The Secretary of State shall make regulations containing provisions and measures |
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| | | enabling and facilitating the enforcement by workers of the rights conferred under |
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| | | this section. Those regulations shall be laid before each House of Parliament in |
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| | | draft before being made, subject to affirmative resolution procedure.” |
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| | Clause 145, page 134, line 36, at end insert— |
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| | | “(1A) | Regulations made under section 27B, subsection (1), shall include provisions— |
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| | | (a) | giving zero hours workers the right to be awarded financial compensation |
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| | | of amounts, and in circumstances, to be determined by the Secretary of |
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| | | (b) | giving employment tribunals powers to enforce their adjudications, |
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| | | including the award of any applicable compensation as referred to in |
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| | | section (1A)(a), or imposition of any applicable penalty, in cases |
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| | | involving zero hours workers; and |
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| | | (c) | imposing an obligation on an employer to offer a fixed hours contract |
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| | | when a worker has worked regular hours for a continuous period, or |
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| | | series of continuous periods, of employment, to be determined by the |
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| | Clause 147, page 137, line 14, leave out paragraph (d) and insert— |
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| | | “(d) | imposing duties, in connection with a qualifying exit payment, on— |
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| | | (ii) | the responsible authority, and |
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| | | (iii) | the subsequent authority;” |
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| | | Member’s explanatory statement
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| | | This amendment clarifies clause 147 to show that regulations under clause 146 allow for duties in |
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| | | connection with qualifying exit payments to be placed on the exit payee, the authority that made |
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| | | the payment and the authority that re-engaged the exit payee as an employee, contractor or office |
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| | Clause 147, page 137, line 17, at end insert— |
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| | | “( ) | for preventing the exit payee from becoming an employee or a contractor, |
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| | | or a holder of a public sector office, as mentioned in subsection (1) until |
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| | | the arrangements required by virtue of paragraph (e) have been made;” |
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| | | Member’s explanatory statement
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| | | This amendment adds provision to enable an exit payee to be prevented from being re-engaged by |
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| | | a public sector authority, as an employee, contractor or office holder, until after arrangements for |
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| | | repaying the exit payment have been made. |
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| | Clause 147, page 137, line 19, at end insert— |
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| | | “( ) | In subsection (3)(d)(iii) the “subsequent authority” means— |
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| | | (a) | in relation to an exit payee who becomes an employee or a contractor, the |
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| | | public sector authority of which the exit payee becomes an employee or |
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| | | (b) | in relation to an exit payee who becomes a holder of a public sector |
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| | | office, the authority which is responsible for the appointment.” |
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| | | Member’s explanatory statement
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| | | This amendment is linked to amendment 61. It explains that the “subsequent authority” is the |
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| | | authority that re-engaged the exit payee as an employee, contractor or office holder. |
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| | Clause 147, page 137, line 20, leave out “subsection (1)” and insert “this section” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendments 62 and 63. It ensures that subsection (4) of |
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| | | clause 147 applies in relation to all the references to contractors in the clause as amended. |
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| | NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 8 |
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| | Clause 86, page 59, line 25, leave out “853I” and insert “853H” |
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| | Clause 86, page 63, leave out lines 29 to 41 |
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| | Clause 86, page 64, line 1, leave out “or 853I(2)” |
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| | Clause 86, page 64, line 8, leave out “853I” |
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| | Clause 86, page 65, line 7, leave out “853I” and insert “853H” |
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| | NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 10 |
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| | Clause 116, page 93, line 13, leave out “one creditor makes” and insert “the |
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| | prescribed proportion of the creditors or (as the case may be) of the contributories make” |
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| | | Member’s explanatory statement
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| | | This is to overturn an Opposition amendment made at committee. |
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| | Clause 123, page 101, line 38, leave out from beginning to “House” in line 39 and |
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| | insert “Regulations under this paragraph may not be made unless a draft of the statutory |
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| | instrument containing the regulations has been laid before Parliament and approved by a |
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| | | Member’s explanatory statement
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| | | This amendment changes the regulation making power inserted by clause 123 from negative to |
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| | | affirmative resolution procedure. |
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| | REMAINING PROCEEDINGS ON CONSIDERATION |
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| | Schedule 3, page 149, line 40, leave out “negative” and insert “affirmative” |
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| | | Member’s explanatory statement
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| | | This amendment changes the regulation-making power under section 790B(1)(b) from negative to |
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| | | affirmative resolution procedure. |
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| | Schedule 3, page 150, leave out lines 8 to 11 |
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| | | Member’s explanatory statement
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| | | This amendment removes section 790C(4), which is deemed unnecessary in light of provision made |
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| | | in relation to joint holders of shares or rights in new paragraph 9A of Schedule 1A (as inserted by |
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| | Schedule 3, page 150, line 14, leave out from second “they” to “is” in line 16 and |
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| | insert “do not hold any interest in the company except through one or more other legal |
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| | entities over each of which they have significant control and each of which” |
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| | | Member’s explanatory statement
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| | | This amendment clarifies that an individual is “non-registrable” in relation to the company only |
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| | | if their interest in the company is held solely through one or more relevant legal entities over which |
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| | | they have significant control. |
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| | Schedule 3, page 150, leave out lines 21 to 24 |
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| | | Member’s explanatory statement
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| | | This amendment removes section 790C(6). Provision made in section 790C(6) is now contained |
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| | | within the new subsection inserted by amendment 70. |
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| | Schedule 3, page 150, line 42, leave out from “if” to “is” in line 44 and insert “it |
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| | does not hold any interest in the company except through one or more other legal entities |
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| | over each of which it has significant control and each of which” |
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| | | Member’s explanatory statement
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| | | This amendment clarifies that a relevant legal entity is “non-registrable” in relation to the |
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| | | company only if its interest in the company is held solely through one or more other relevant legal |
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| | | entities over which it has significant control. |
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| | Schedule 3, page 151, line 3, at end insert— |
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| | | “( ) | For the purposes of subsections (5) and (10)— |
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| | | (i) | holds an interest in a company, or |
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| | | (ii) | holds that interest through another legal entity, |
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| | | | is to be determined in accordance with Part 1A of Schedule 1A; |
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| | | (b) | whether someone has significant control over that other legal entity, is to |
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| | | be determined in accordance with subsections (2) and (3) and Part 1 of |
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| | | Schedule 1A, reading references in those provisions to the company as |
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| | | references to that other entity.” |
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| | | Member’s explanatory statement
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| | | This amendment provides that sections 790C(2) and (3) and Schedule 1A determine whether |
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| | | someone holds an interest in a company, whether they hold that interest through another legal |
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| | | entity, and whether they have significant control over that entity. |
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| | Schedule 3, page 151, line 25, after “Regulations” insert “under subsection (9)(d) |
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| | are subject to affirmative resolution procedure. |
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| | | ( ) | Subject to subsection (14), regulations” |
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| | | Member’s explanatory statement
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| | | This amendment provides that regulations made under section 790C(9)(d) will be subject to the |
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| | | affirmative rather than negative resolution procedure. |
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| | Schedule 3, page 159, line 38, leave out “apply to the court” and insert “decline the |
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| | Schedule 3, page 159, leave out line 39 and insert “If the request is declined, the person |
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| | making the request may apply to the court, with notice to the company, for an order |
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| | directing the company to comply with the request.” |
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| | Schedule 3, page 159, line 41, leave out “not” |
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| | Schedule 3, page 159, line 42, leave out “not” |
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| | Schedule 3, page 159, line 44, leave out “company’s” and insert “applicant’s” |
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| | Schedule 3, page 160, line 1, leave out “person who made the request even if that |
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| | person” and insert “company even if the company” |
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| | Schedule 3, page 160, line 6, leave out “that the company is not” and insert “the |
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| | Schedule 3, page 160, line 9, leave out “does not direct the company not” and insert |
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| | Schedule 3, page 160, line 12, at end insert— |
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| | | “(5A) | For the purposes of Part 21A, “proper purpose” shall mean a purpose reasonably |
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| | | (a) | a national security agency for safeguarding national security or personal |
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| | | (b) | HM Revenue and Customs for the conduct of tax investigations.” |
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| | Schedule 3, page 160, line 15, leave out “otherwise than in accordance with an |
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| | order of” and insert “where ordered by” |
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| | Schedule 3, page 168, line 38, leave out from “X” to “more” in line 39 and insert |
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| | “holds, directly or indirectly,” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendment 84. |
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| | Schedule 3, page 168, line 40, leave out from “Y” to end of line 41 |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendment 84. |
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| | Schedule 3, page 169, line 2, leave out “is entitled” and insert “holds the right” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendment 84. |
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| | Schedule 3, page 169, line 4, leave out from “Y” to end of line 6 |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendment 84. |
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| | Schedule 3, page 169, leave out lines 19 to 30 |
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| | | Member’s explanatory statement
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| | | This amendment removes paragraphs 7 and 8 from Part 1 of Schedule 1A. Provision made in these |
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| | | paragraphs is now contained within new paragraphs 9A and 9B of Part 2 of Schedule 1A inserted |
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