House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Notices of Amendments: 14 November 2014
842

Small Business, Enterprise and Employment Bill, continued

Caroline Lucas

92


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

27


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).

Secretary Vince Cable

28


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.

Debbie Abrahams

7

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

1

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—

Notices of Amendments: 14 November 2014
843

Small Business, Enterprise and Employment Bill, continued

(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

2

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.”

Mr Iain Wright

Ian Murray

Toby Perkins

3

Clause  37,  page  35,  line  28,  at end add—

“(8A)
Regulations under this section are subject to the provisions of the Freedom of

Information Act 2000”

Mr Iain Wright

Ian Murray

Toby Perkins

4

Clause  37,  page  35,  line  30,  leave out subsection (10)

Secretary Vince Cable

29


Clause  40,  page  37,  line  29,  at end insert—

“(5A)
The Pubs Code may require large pub-owning businesses to ensure that any rent

assessment or assessment of money payable in lieu of rent which they provide to

their tied pub tenants has been certified by a person of a description specified in

the Pubs Code as having been conducted in accordance with the provisions of any

documents specified for the purposes of subsection (5)(d).”

Member’s explanatory statement

This amendment, and amendments 30 and 31, provides that the Pubs Code may require pub-

owning businesses with 500 or more tied pubs to have rent assessments signed-off as defined in the

Code. The intention is that the Code will specify a RICS qualified valuer and RICS guidance. This

includes assessments of money payable in lieu of rent, such as where a tied agreement charges the

tenant via a percentage of turnover rather than through a rent.

Secretary Vince Cable

30


Clause  40,  page  37,  line  37,  leave out “subsection” and insert “subsections”

Member’s explanatory statement

See amendment 29.

Notices of Amendments: 14 November 2014
844

Small Business, Enterprise and Employment Bill, continued

Secretary Vince Cable

31


Clause  40,  page  37,  line  38,  at end insert “and (5A).

(7)
In specifying a description of person under subsection (5A) (or subsection (6)(c)

so far as it relates to subsection (5A)) the Secretary of State must secure that the

person—

(a)
is independent from the large pub-owning business concerned;

(b)
has appropriate qualifications;

(c)
is a member of an appropriate professional body.”

Member’s explanatory statement

See amendment 29.

Secretary Vince Cable

32


Clause  40,  page  37,  line  38,  at end insert—

“(8)
The Pubs Code may require large pub-owning businesses to—

(a)
appoint one of their employees to monitor their compliance with the Pubs

Code;

(b)
prepare an annual report on their compliance with the Pubs Code.”

Member’s explanatory statement

This amendment means that only those businesses with more than 500 tied pubs may be required

by the Pubs Code to have a Code Compliance Officer and to produce an annual compliance report.

Secretary Vince Cable

33


Clause  40,  page  37,  line  38,  at end insert—

“(9)
Subsections (5A), (6) and (8) do not restrict the recommendations that may be

made by the Adjudicator under section 51 in relation to a pub-owning business

that is not a large pub-owning business.”

Member’s explanatory statement

This amendment allows the Pubs Code Adjudicator to make recommendations to businesses with

fewer than 500 tied pubs about actions that such a business should take, even where the equivalent

requirements of the Pubs Code may apply only to large pub-owning businesses.

Secretary Vince Cable

34


Clause  42,  page  38,  line  21,  after “assessment” insert “or assessment of money

payable by the tenant in lieu of rent”

Member’s explanatory statement

This amendment, and amendment 35, ensures that references to rent assessments also include

assessments of money payable in lieu of rent, such as where a tied agreement charges the tenant

via a percentage of turnover rather than through a rent

Notices of Amendments: 14 November 2014
845

Small Business, Enterprise and Employment Bill, continued

Secretary Vince Cable

35


Clause  42,  page  38,  line  24,  after “rent” insert “or money payable in lieu of rent”

Member’s explanatory statement

See amendment 34.

Secretary Vince Cable

36


Clause  43,  page  39,  line  5,  after “business” insert “concerned”

Member’s explanatory statement

This amendment is related to amendment 42.

Secretary Vince Cable

37


Clause  43,  page  39,  line  6,  leave out subsection (2)

Member’s explanatory statement

This amendment is related to amendment 42.

Secretary Vince Cable

38


Clause  63,  page  47,  line  10,  at end insert “or licence”

Member’s explanatory statement

This amendment, and amendments 39 and 47 to 53, ensure that tied agreements are subject to the

Pubs Code whether the pub premises are occupied under a tenancy or a licence to occupy.

Secretary Vince Cable

39


Clause  63,  page  47,  line  11,  after “tenant” insert “or licensee”

Member’s explanatory statement

See amendment 38.

Secretary Vince Cable

40


Clause  63,  page  47,  line  11,  leave out from second “is” to end of line 13 and insert

“subject to a contractual obligation that some or all of the alcohol to be sold at the

premises is supplied by—

(a)
the landlord or a person who is a group undertaking in relation to the

landlord, or

(b)
a person nominated by the landlord or by a person who is a group

undertaking in relation to the landlord.”

Member’s explanatory statement

This amendment, and amendment 56, specifies that a tied agreement is one where the tenant is

subject to a contractual obligation that some or all of the alcohol to be sold at the premises must

be supplied by the pub-owning business or a person nominated by the business.

Notices of Amendments: 14 November 2014
846

Small Business, Enterprise and Employment Bill, continued

Secretary Vince Cable

41


Clause  64,  page  47,  line  18,  leave out “500” and insert “one”

Member’s explanatory statement

This amendment, and amendments 43 and 44, reverse amendments made at committee and bring

pub-owning businesses with fewer than 500 tied pubs back into the scope of the Pubs Code.

Toby Perkins

Mr Iain Wright

Ian Murray

5

Clause  64,  page  47,  line  19,  leave out “tied” and insert “tenanted, leased or

franchised”

Secretary Vince Cable

42


Clause  64,  page  47,  line  19,  at end insert—

“(1A)
But regulations may specify circumstances in which a person who is a group

undertaking in relation to such a landlord—

(a)
is to be treated, or

(b)
may if the Adjudicator so determines be treated,


as a pub-owning business (as well as or instead of the landlord) for the purposes

of any provision of or made under this Part.”

Member’s explanatory statement

This amendment, together with amendments 36, 37, 45, 46 and 54, ensures that the definition of a

pub-owning business can be sufficiently flexible to encompass adequately any parent or subsidiary

companies.

Secretary Vince Cable

43


Clause  64,  page  47,  line  21,  leave out second “pub-owning” and insert “large pub-

owning”

Member’s explanatory statement

See amendment 41.

Secretary Vince Cable

44


Clause  64,  page  47,  line  24,  leave out second “pub-owning” and insert “large pub-

owning”

Member’s explanatory statement

See amendment 41

Secretary Vince Cable

45


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.

Notices of Amendments: 14 November 2014
847

Small Business, Enterprise and Employment Bill, continued

Secretary Vince Cable

46


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

Member’s explanatory statement

See amendment 42.

Secretary Vince Cable

47


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

Member’s explanatory statement

See amendment 38.

Secretary Vince Cable

48


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

Member’s explanatory statement

See amendment 38.

Secretary Vince Cable

49


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

50


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

Member’s explanatory statement

See amendment 38.

Secretary Vince Cable

51


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

Member’s explanatory statement

See amendment 38.

Secretary Vince Cable

52


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

Member’s explanatory statement

See amendment 38.

Notices of Amendments: 14 November 2014
848

Small Business, Enterprise and Employment Bill, continued

Secretary Vince Cable

53


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

Member’s explanatory statement

See amendment 38.

Secretary Vince Cable

54


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

55


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

56


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.

Secretary Vince Cable

57


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.



© Parliamentary copyright	Revised 17 November 2014