|
| |
| | |
| | |
| |
| | | (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;” |
|
| | |
| | | |
| | 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 |
|
| | | |
| | |
| | | |
| | 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.” |
|
| | new clauses, new schedules and amendments relating to part 1 |
|
| | |
| | |
| | | |
| | | 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 |
|
| | | |
| | | (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 |
|
| | | |
| | | (d) | the type of description of contractual provision to which the regulations |
|
| | | |
| | | (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. |
|
| | | (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 |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | | 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.” |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | | To move the following Clause— |
|
| | | |
| | | (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 |
|
| | | 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 |
|
| | | |
| | |
| | |
| | | |
| | Clause 3, page 4, line 33, at end insert— |
|
| | | “(g) | about the circumstances and process for amending payment terms of the |
|
| | | |
| | |
| | | |
| | 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.” |
|
| | NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 2 |
|
| | |
| | | |
| | | 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; |
|
| | | (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 |
|
| | | |
|
| |
| | |
| | |
| |
| | | (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 |
|
| | | |
| | | (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.” |
|
| | |
| | |
| | | |
| | Page 20, line 5, leave out clauses 20 to 26. |
|
| | |
| | | |
| | Clause 20, page 20, line 19, at end insert— |
|
| | | “( ) | The Secretary of State must lay each thing published under subsection (1) or (3) |
|
| | | |
| | |
| | | |
| | Clause 25, page 25, line 10, after “lay” insert “the thing as amended and” |
|
| | NEW CLAUSES, NEW SCHEDULES AND AMENDMENTS RELATING TO PART 3 |
|
| | |
| | |
| | | |
| | 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.” |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | |
| | |
| | |
| | | |
| | 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.” |
|
| | |
| | |
| | |
| | | |
| | Clause 37, page 35, line 28, at end add— |
|
| | | “(8A) | Regulations under this section are subject to the provisions of the Freedom of |
|
| | | |
| | |
| | |
| | |
| | | |
| | Clause 37, page 35, line 30, leave out subsection (10) |
|
| | | Bill to be further considered tomorrow. |
|
|
