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Lords amendments to the Small Business, Enterprise and Employment Bill


 
 

15

 
 

favourably than it treats or would treat other applicants in relation

 

to the same contract, office or post.

 

(4)    

Regulations under this section may, in particular—

 

(a)    

make provision as to circumstances in which discrimination

 

by a worker or agent of an NHS employer is to be treated,

 

for the purposes of the regulations, as discrimination by the

 

NHS employer;

 

(b)    

confer jurisdiction (including exclusive jurisdiction) on

 

employment tribunals or the Employment Appeal Tribunal;

 

(c)    

make provision for or about the grant or enforcement of

 

specified remedies by a court or tribunal;

 

(d)    

make provision for the making of awards of compensation

 

calculated in accordance with the regulations;

 

(e)    

make different provision for different cases or

 

circumstances;

 

(f)    

make incidental or consequential provision, including

 

incidental or consequential provision amending—

 

(i)    

an Act of Parliament (including this Act),

 

(ii)    

an Act of the Scottish Parliament,

 

(iii)    

a Measure or Act of the National Assembly for

 

Wales, or

 

(iv)    

an instrument made under an Act or Measure within

 

any of sub-paragraphs (i) to (iii).

 

(5)    

Subsection (4)(f) does not affect the application of section 236(5) to

 

the power conferred by this section.

 

(6)    

“NHS employer” means an NHS public body prescribed by

 

regulations under this section.

 

(7)    

“NHS public body” means—

 

(a)    

the National Health Service Commissioning Board;

 

(b)    

a clinical commissioning group;

 

(c)    

a Special Health Authority;

 

(d)    

an NHS trust;

 

(e)    

an NHS foundation trust;

 

(f)    

the Care Quality Commission;

 

(g)    

Health Education England;

 

(h)    

the Health Research Authority;

 

(i)    

the Health and Social Care Information Centre;

 

(j)    

the National Institute for Health and Care Excellence;

 

(k)    

Monitor;

 

(l)    

a Local Health Board established under section 11 of the

 

National Health Service (Wales) Act 2006;

 

(m)    

the Common Services Agency for the Scottish Health

 

Service;

 

(n)    

Healthcare Improvement Scotland;

 

(o)    

a Health Board constituted under section 2 of the National

 

Health Service (Scotland) Act 1978;

 

(p)    

a Special Health Board constituted under that section.


 
 

16

 
 

(8)    

The Secretary of State must consult the Welsh Ministers before

 

making regulations prescribing any of the following NHS public

 

bodies for the purposes of the definition of “NHS employer”—

 

(a)    

a Special Health Authority established under section 22 of

 

the National Health Service (Wales) Act 2006;

 

(b)    

an NHS trust established under section 18 of that Act;

 

(c)    

a Local Health Board established under section 11 of that

 

Act.

 

(9)    

The Secretary of State must consult the Scottish Ministers before

 

making regulations prescribing an NHS public body within any of

 

paragraphs (m) to (p) of subsection (7) for the purposes of the

 

definition of “NHS employer”.

 

(10)    

For the purposes of subsection (4)(a)—

 

(a)    

“worker” has the extended meaning given by section 43K,

 

and

 

(b)    

a person is a worker of an NHS employer if the NHS

 

employer is an employer in relation to the person within the

 

extended meaning given by that section.”

 

(3)    

In section 230(6) (interpretation of references to employees, workers etc) for

 

“and 47B(3)” substitute “, 47B(3) and 49B(10)”.

 

(4)    

In section 236(3) (orders and regulations subject to affirmative procedure)

 

after “47C,” insert “49B,”.”

Clause 145

Page 125, leave out lines 7 to 10 and insert—

“(2)    

“Financial award”—

(a)    

means a sum of money (or, if more than one, the sums of money)

ordered by an employment tribunal on a claim involving an

employer and a worker, or on a relevant appeal, to be paid by the

employer to the worker, and

(b)    

includes—

(i)    

any sum (a “costs sum”) required to be paid in accordance

with an order in respect of costs or expenses which relate to

proceedings on, or preparation time relating to, the claim or

a relevant appeal, and

(ii)    

in a case to which section 16 applies, a sum ordered to be

paid to the Secretary of State under that section.

(2A)    

Subsection (2)(b)(i) applies irrespective of when the order was made or the

amount of the costs sum was determined.”

Page 125, line 17, leave out “In subsection (2)”

Page 125, leave out line 20 and insert—

“( )    

a decision to make, or not to make, an order in respect of a financial

award (including any costs sum) on the claim,”

Page 125, line 21, leave out second “the” and insert “any such”

Page 125, line 31, leave out “subject to subsection (4),”

Page 125, line 35, leave out from “17(3))” to end of line 8 on page 126 and insert


 
 

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“together with any costs sum, and

 

( )    

in any other case, the sum or sums of money ordered to be paid

 

(including any costs sum).”

 

Page 126, line 10, at end insert—

 

“( )    

when the worker could make an application for an order for a costs

 

sum in relation to—

 

(i)    

proceedings on the claim to which the financial award

 

relates,

 

(ii)    

proceedings on a relevant appeal,

 

( )    

when the worker has made such an application but the application

 

has not been withdrawn or finally determined,”

 

Page 126, leave out line 13 and insert—

 

“( )    

a decision to make, or not to make, a financial award

 

(including any costs sum) on the claim,”

 

Page 126, line 14, leave out second “the” and insert “any such”

 

Page 127, line 7, at end insert—

 

“( )    

The provisions of this Part apply where a financial award consists of two

 

or more sums (whether or not any of them is a costs sum) which are

 

required to be paid at different times as if—

 

(a)    

it were a relevant sum to be paid by instalments, and

 

(b)    

those sums were the instalments.”

 

Page 133, line 5, leave out from “in” to end of line and insert “particular cases”

 

Page 133, line 15, at end insert—

 

“(3)    

The Secretary of State may by regulations make provision for this Part to

 

apply with modifications in cases where a financial award has been made

 

against an employer but is not regarded as outstanding by virtue only of

 

the fact that an application for an order for a costs sum has not been finally

 

determined (or any appeal within section 37B(5)(a) so far as relating to the

 

application could still be made or has not been withdrawn or finally

 

determined).

 

(4)    

Regulations under subsection (3) may in particular provide—

 

(a)    

for any provision of this Part to apply, or to apply if the enforcement

 

officer so determines, as if the application had not been, and could

 

not be, made;

 

(b)    

for any costs sum the amount of which is subsequently determined,

 

or the order for which is subsequently made, to be treated for the

 

purposes of this Part as a separate relevant sum.”

 

Page 134, line 3, at end insert—

 

““costs sum” has the meaning given by section 37A;”

 

Page 134, line 8, at end insert—

 

““relevant appeal” has the meaning given by section 37A;”

 

Page 134, line 24, at end insert—

 

“( )    

For the purposes of this Part a relevant sum is to be regarded as having

 

been paid in full when the amount unpaid in respect of that sum on the date

 

of payment has been paid.”


 
 

18

 
 

Page 134, line 47, leave out “41(2)” and insert “41”

 

Page 134, line 47, at end insert “in subsection (2)”

 

Page 135, line 4, at end insert—

 

    

“and in subsection (3)(b) for “regulations” substitute “any other

 

regulations”.

Clause 149

Page 139, line 5, leave out “The Treasury may by regulations” and insert

“Regulations may”

Page 139, line 6, leave out “prescribed” and insert “qualifying”

Page 139, line 8, leave out “qualifying exit payments” and insert “the repayment

mentioned in subsection (1)”

Page 139, line 9, leave out “Treasury think” and insert “person making the

regulations thinks”

Page 139, line 31, leave out subsection (6)

Clause 150

Page 139, line 40, leave out subsection (1) and insert—

“(1)    

For the purposes of section 149(1) circumstances are qualifying

circumstances if—

(a)    

an exit payee becomes—

(i)    

an employee or a contractor of a prescribed public sector

authority, or

(ii)    

a holder of a prescribed public sector office,

(b)    

less than one year has elapsed between the exit payee leaving the

employment or office in respect of which a qualifying exit payment

is payable and the event mentioned in paragraph (a), and

(c)    

any other prescribed conditions are met.”

Page 140, line 4, leave out subsection (2)

Page 140, line 13, after “(1)” insert “(a)”

Page 140, line 23, after “(1)” insert “(a)”

After Clause 150

Insert the following new Clause—

“Power to make regulations to be exercisable by the Treasury or Scottish

Ministers

(1)    

The power to make regulations under section 149(1) is exercisable—

(a)    

by the Scottish Ministers in relation to payments made by a relevant

Scottish authority;

(b)    

by the Treasury in relation to any other payments,

    

(but this subsection is subject to subsection (2)).


 
 

19

 
 

(2)    

Where the relevant Scottish authority is the Scottish Administration the

 

power to make regulations under section 149(1) is exercisable by the

 

Treasury (instead of the Scottish Ministers) in relation to payments made

 

to—

 

(a)    

the holders of offices in the Scottish Administration which are not

 

ministerial offices (read in accordance with section 126(8) of the

 

Scotland Act 1998), and

 

(b)    

the members of the staff of the Scottish Administration (read in

 

accordance with section 126(7)(b) of that Act).

 

(3)    

In this section “relevant Scottish authority” means—

 

(a)    

the Scottish Parliamentary Corporate Body, or

 

(b)    

any authority which wholly or mainly exercises functions which

 

would be within devolved competence (within the meaning of

 

section 54 of the Scotland Act 1998).

 

(4)    

The first regulations under section 149(1)—

 

(a)    

if made by the Treasury, are subject to affirmative resolution

 

procedure;

 

(b)    

if made by the Scottish Ministers, are subject to the affirmative

 

procedure.

 

(5)    

Any other regulations under section 149(1)—

 

(a)    

if made by the Treasury, are subject to negative resolution

 

procedure;

 

(b)    

if made by the Scottish Ministers, are subject to the negative

 

procedure.”

Clause 151

Page 140, line 38, leave out “virtue of” and insert “regulations made by the

Treasury under”

Page 140, line 38, at end insert—

“(1A)    

The Scottish Ministers may waive the whole or any part of any repayment

required by regulations made by the Scottish Ministers under section

149(1).”

Page 140, line 42, after “regulations” insert “made by the Treasury”

Page 140, line 42, at end insert—

“( )    

make provision for the power under subsection (1) to be exercisable

on behalf of the Secretary of State by a prescribed person,”

Page 141, line 2, at end insert—

“( )    

The exit payments regulations made by the Scottish Ministers may—

(a)    

make provision for the power under subsection (1A) to be

exercisable on behalf of the Scottish Ministers by a prescribed

person,

(b)    

make provision for a waiver to be given only—

(i)    

with the consent of the Scottish Ministers, or

(ii)    

following compliance with any directions given by the

Scottish Ministers,

    

(where provision is made by virtue of paragraph (a)), and


 
 

20

 
 

(c)    

make provision as to the publication of information about any

 

waivers given.”

 

Page 141, line 3, after “regulations” insert “made by the Treasury”

 

Page 141, line 5, leave out paragraph (a)

After Clause 151

Insert the following new Clause—

“Concessionary coal

(1)    

This section applies to an entitlement to concessionary coal or payments in

lieu of concessionary coal—

(a)    

arising in connection with employment by a company which on 1st

January 2014 was carrying on the business of deep coal-mining in

the United Kingdom, and

(b)    

which is not being met otherwise than by virtue of this section.

(2)    

The Secretary of State may, out of money provided by Parliament, make

such payments as the Secretary of State considers appropriate for the

purpose of securing that an entitlement to which this section applies is met.

(3)    

Payments under this section may be made only with the consent of the

Treasury.

(4)    

“Concessionary coal” means coal or other solid fuel supplied free of charge

or at reduced prices.”

Clause 152

Page 141, line 24, leave out “section 35 as it applies” and insert “sections 35 and

(Section 35: supplementary and consequential provision) as they apply”

Page 141, line 40, after “35” insert “or (Section 35: supplementary and consequential

provision)”

Clause 153

Page 142, line 23, leave out “section 35 as it applies” and insert “sections 35 and

(Section 35: supplementary and consequential provision) as they apply”

Page 142, line 26, after “35” insert “or (Section 35: supplementary and consequential

provision)”

Clause 154

Page 142, line 29, after “1” insert “or 149(1)”

Page 143, line 1, leave out “made by regulations” and insert “included in an

instrument”

Page 143, line 4, leave out “made by regulations” and insert “included in an

instrument”


 
 

21

 

Clause 156

Page 143, line 18, leave out “section” and insert “sections 110 and”

Clause 157

Page 144, line 9, leave out “section 41” and insert “sections 41 to (MRO procedure)”

Page 144, line 29, at end insert—

“(j)    

in Part 11, section (Concessionary coal) (concessionary coal).”

Page 144, line 29, at end insert—

“( )    

Section 13 (electronic paying in of cheques etc) comes into force—

(a)    

on the day this Act is passed, for the purpose of enabling the

making of regulations under Part 4A of the Bills of Exchange Act

1882 (as inserted by section 13);

(b)    

on 31 July 2016, for all other purposes.”

Page 144, line 30, leave out “Section 35 as it applies in Wales comes” and insert

“Sections 35 and (Section 35: supplementary and consequential provision) as they apply

in Wales come”

Schedule 1

Page 146, line 6, leave out from “arrangements” to end of line 7 and insert “for

persons to be seconded to the Adjudicator to serve as members of the

Adjudicator’s staff.”

Page 146, line 8, at end insert “to the person with whom the arrangements are

made, or directly to seconded staff (or both).”

Page 146, line 8, at end insert—

    “( )  

A period of secondment to the Adjudicator does not affect the continuity

of a person’s employment with the employer from whose service he or

she is seconded (and a person employed in the civil service of the State

continues to be so employed during any period of secondment to the

Adjudicator).

      ( )  

Before making arrangements under sub-paragraph (1), the Adjudicator

must obtain the approval of the Secretary of State as to the Adjudicator’s

policies on—

(a)    

the number of staff to be seconded;

(b)    

payments to be made to or in respect of seconded staff;

(c)    

the terms and conditions on which staff are to be seconded.”

Page 148, line 13, leave out from beginning to “require” in line 15 and insert “The

Adjudicator may, for the purposes of exercising functions in relation to the offer of

a market rent only option or the provision of parallel rent assessments,”

Page 149, line 7, leave out “place” and insert “places”

Page 149, line 7, at end insert—

“Member of staff of the Pubs Code Adjudicator.”

Schedule 3

Page 159, line 29, leave out “the specified conditions in”


 
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