Session 2015-16
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Other Bills before Parliament


 
 

Public Bill Committee: 25 February 2016                  

15

 

Enterprise Bill-[Lords], continued

 
 

of a payment plan in place to compensate suppliers on the basis set out in

 

that paragraph.”

 

Member’s explanatory statement

 

This new Clause would require companies to settle all outstanding payments to their small

 

business suppliers and where they fail to do so they would be required to provide quarterly reports

 

to the Small Business Commissioner detailing information relating to late payment of invoices and

 

interest payable.

 


 

Bill Esterson

 

Kevin Brennan

 

Hannah Bardell

 

NC10

 

To move the following Clause—

 

         

“Duty to pay: Public sector agencies

 

(1)    

Public sector agencies are required to settle all outstanding payments to their

 

small business suppliers.

 

(2)    

Where public sector agencies fail to make payments to their small business

 

suppliers on time it is a requirement that they provide quarterly reports to the

 

Small Business Commissioner relating to late payment of invoices.

 

(3)    

The report in subsection (2) should have, but is not limited to, the following

 

information relating to late payment of invoices—

 

(a)    

lists of all payments to suppliers which were made over 28 days after the

 

date indicated by the suppliers agreed payment terms, without a formal

 

query having been registered with the suppliers within a period as may be

 

prescribed;

 

(b)    

confirmation, for each instance listed under paragraph (a), that interest,

 

equalling the Bank of England base rate plus 8% APR, was paid to

 

compensate the supplier for overdue payment; and

 

(c)    

assurance, for each instance listed under paragraph (a) where

 

confirmation of compensation under paragraph (b) cannot be provided,

 

of a payment plan in place to compensate suppliers on the basis set out in

 

that paragraph.”

 

Member’s explanatory statement

 

This new Clause would require public sector agencies to settle all outstanding payments to their

 

small business suppliers and where they fail to do so they would be required to provide quarterly

 

reports to the Small Business Commissioner detailing information relating to late payment of

 

invoices and interest payable.

 


 

Bill Esterson

 

Kevin Brennan

 

NC11

 

To move the following Clause—

 

         

“Duty to report outstanding interest payments on unpaid invoices

 

(1)    

A company with outstanding liabilities at the end of an accounting period must

 

record these in their statutory accounts.


 
 

Public Bill Committee: 25 February 2016                  

16

 

Enterprise Bill-[Lords], continued

 
 

(2)    

Where any of the outstanding liabilities include interest on overdue payments, the

 

company is required to disclose these amounts by way of a note to the accounts,

 

which should also record comparable outstanding liabilities, if any, for the

 

preceding six financial years.

 

(3)    

Where companies fail to disclose this information during the course of an

 

investigation their Auditors are required to write formally to the Commissioner,

 

and may comment on the issue in their Audit Report.”

 

Member’s explanatory statement

 

This new Clause would ensure that all companies report in their annual reports and quarterly

 

statement on the potential claims against them for late payments (including interest and other

 

penalties).

 


 

Bill Esterson

 

Kevin Brennan

 

Hannah Bardell

 

NC12

 

To move the following Clause—

 

         

“Payment practices: protection of retention monies in the construction

 

industry

 

(1)    

Any clause in a construction contract or related contract enabling a party to

 

withhold retention monies shall be of no effect unless, upon their withholding, the

 

monies are deposited forthwith in a retention deposit scheme authorised by the

 

Secretary of State.

 

(2)    

Where a clause is rendered ineffective under this section any retention monies

 

already withheld and not placed in a retention deposit scheme must be refunded

 

in full to the party providing them.

 

(3)    

For the purpose of section (1) the Secretary of State shall make regulations to

 

govern arrangements for establishing and operating retention deposit schemes.

 

(4)    

Arrangements under section (3) must be arrangements under which a body or

 

person (“the scheme administrator”) undertakes to establish and maintain a

 

retention deposit scheme (“the scheme”).

 

(5)    

The regulations made under section (3) must include requirements relating to—

 

(a)    

the selection and appointment of the scheme administrator;

 

(b)    

the funding and management of the scheme; and

 

(c)    

the release of retention monies from the scheme.

 

(6)    

Where the Secretary of State is satisfied that a proposed scheme complies with

 

the regulations made under section (3) he may give authority for the proposed

 

scheme to operate as a retention deposit scheme.

 

(7)    

The Secretary of State may delegate his power under subsection (6) to the

 

Scottish Government, Welsh Government and Northern Ireland Executive.

 

(8)    

The monies held in the scheme must solely be retention monies and any interest

 

accruing on the monies.

 

(9)    

In this section—

 

“construction contract” has the same meaning as in the Housing Grants,

 

Construction and Regeneration Act 1996.

 

“retention monies” refers to monies which are withheld from monies which

 

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

 

is to provide the paying party with security for the current and future


 
 

Public Bill Committee: 25 February 2016                  

17

 

Enterprise Bill-[Lords], continued

 
 

performance by the party carrying out construction operations of any or

 

all of the latter’s obligations under the contract.”

 

Member’s explanatory statement

 

This new Clause would require retention monies provided for within construction industry

 

contracts to be placed in an approved retention deposit scheme.

 


 

Bill Esterson

 

Kevin Brennan

 

NC14

 

To move the following Clause—

 

         

“Guidance for local authorities

 

The Commissioner must prepare and publish guidance to local authorities

 

outlining—

 

(a)    

the functions and services she may offer to small businesses, and

 

(b)    

related to the complaints process.”

 

Member’s explanatory statement

 

This new Clause would require the Small Business Commissioner to provide information about her

 

functions and services to local authorities.

 


 

Bill Esterson

 

Kevin Brennan

 

Hannah Bardell

 

NC15

 

To move the following Clause—

 

         

“Review of the Groceries Code Adjudicator

 

(1)    

The Secretary of State shall carry out a review of the Groceries Code Adjudicator.

 

(2)    

The review shall cover—

 

(a)    

requests from the Groceries Code Adjudicator to extend her remit, and

 

(b)    

extension of the powers given to the Groceries Code Adjudicator since

 

the introduction of the post.

 

(3)    

The Secretary of State shall place this review before both Houses within 12

 

months of the appointment of the Small Business Commissioner.”

 

Member’s explanatory statement

 

This new Clause would require the Secretary of State to review remit and powers of the Groceries

 

Code Adjudicator.

 



 
 

Public Bill Committee: 25 February 2016                  

18

 

Enterprise Bill-[Lords], continued

 
 

Bill Esterson

 

Kevin Brennan

 

NC16

 

To move the following Clause—

 

         

“Information on the Enterprise Investment Scheme and Seed Enterprise

 

Investment Scheme

 

The Secretary of State must publish information and guidance, for investors,

 

about the Enterprise Investment Scheme and the Seed Enterprise Investment

 

Scheme.”

 

Member’s explanatory statement

 

This new Clause would place a requirement on the Secretary of State to publish information and

 

guidance on the availability of Enterprise Investment Scheme and the Seed Enterprise Investment

 

Scheme, which provide tax relief for investors in early stage small businesses.

 


 

Bill Esterson

 

Kevin Brennan

 

NC17

 

To move the following Clause—

 

         

“Small businesses and consumer rights legislation

 

(1)    

Businesses with fewer than ten employees and which are purchasing goods or

 

services for use within their commercial activities will be considered consumers

 

with regards to the protections provided by the Consumer Rights Act 2015.

 

(2)    

Businesses with fewer than ten employees and which are purchasing goods or

 

services for use within their commercial activities will be considered consumers

 

for the purposes of the Alternative Dispute Resolution for Consumer Disputes

 

Regulations 2015.”

 

Member’s explanatory statement

 

This new Clause would ensure that, for the purposes of purchasing goods or services for use within

 

commercial activities, businesses with fewer than 10 employees would considered as consumers

 

and provided by the protections of the Consumer Rights Act 2015 and the Alternative Dispute

 

Resolution for Consumer Disputes Regulations 2015.

 


 

Bill Esterson

 

Kevin Brennan

 

NC18

 

To move the following Clause—

 

         

“Regulatory Policy Committee: duty to consider regulatory proposals

 

affecting business

 

The Regulatory Policy Committee shall have a duty to—

 

(a)    

scrutinise the evidence base for all regulatory proposals submitted by

 

public sector bodies which affect the business sector,


 
 

Public Bill Committee: 25 February 2016                  

19

 

Enterprise Bill-[Lords], continued

 
 

(b)    

validate the costs and savings to public sector bodies for all regulatory

 

proposals which affect the business sector, and

 

(c)    

provide the Government with independent assurance that it has properly

 

considered alternatives to new regulations and that it is minimising the

 

effects of regulations created by public sector bodies on small businesses

 

in particular.”

 

Member’s explanatory statement

 

This new Clause would provide for the Regulatory Policy Committee to have a duty to scrutinise

 

the evidence base for all regulatory proposals submitted by public sector bodies which affect the

 

business sector.

 


 

Bill Esterson

 

Kevin Brennan

 

NC19

 

To move the following Clause—

 

         

“Report on money laundering regulations

 

(1)    

The Small Business Commissioner shall prepare and publish a report assessing a

 

regulator’s performance and effectiveness at ensuring regulations relating to

 

money laundering are proportionate, user friendly, widely promoted and easily

 

adapted by small businesses.

 

(2)    

The report provided for by subsection (1) must include an assessment of the role

 

of the Financial Conduct Authority and its activities to encourage awareness of

 

the impact of money laundering regulations on small businesses.

 

(3)    

In this section a regulator is a person with regulatory functions to which section

 

108 of the Deregulation Act 2015 applies.”

 

Member’s explanatory statement

 

This new Clause would require the Small Business Commissioner to publish a report assessing a

 

regulator’s performance and effectiveness at ensuring money laundering regulations are

 

proportionate, user friendly, widely promoted and easily adapted by small businesses. This report

 

must include assessment of the Financial Conduct Authority’s success in its role in encouraging

 

awareness of the impact of money laundering regulations on small businesses.

 


 

Bill Esterson

 

Kevin Brennan

 

NC20

 

To move the following Clause—

 

         

“Institute for Apprenticeships

 

(1)    

The Secretary of State will establish an Institute for Apprenticeships which shall

 

put in place transparent mechanisms for the approval of apprenticeship standards

 

and assessment plans, and maintain clear quality criteria.

 

(2)    

The Institute will use data on the take-up of apprenticeships by employers and the

 

wage returns to apprentices to review the effectiveness and quality of standards

 

over time.

 

(3)    

The Institute shall submit their standards and assessment plans for approval to the

 

Secretary of State.


 
 

Public Bill Committee: 25 February 2016                  

20

 

Enterprise Bill-[Lords], continued

 
 

(4)    

The Board of the Institute shall be broadly based, to take into account the

 

experience and contribution of all interested parties, which will include—

 

(a)    

employers,

 

(b)    

further education providers and colleges,

 

(c)    

universities,

 

(d)    

relevant trade unions, and

 

(e)    

local authorities.

 

(5)    

The Board of the Institute shall have due regard to the equality implications of

 

their role and functions, and in particular, that in the frameworks and regulations

 

they approve, the need to encourage and expand opportunities for apprenticeships

 

for BAME, people with disabilities and care leavers shall be prioritised.

 

(6)    

The Board of the Institute shall prepare a report to Parliament twelve months after

 

the Institute comes fully into operation on the Institute’s activities and progress

 

and thereafter annually, which will include—

 

(a)    

responses to any conclusions and recommendations of the select

 

committee with oversight of the Government Department responsible for

 

apprenticeships,

 

(b)    

an assessment of the adequacy of its funding and resources from

 

Government,

 

(c)    

a report on the progress made in accrediting apprenticeship frameworks,

 

and

 

(d)    

a report on the progress made in increasing the opportunities for

 

disadvantaged groups to access apprenticeships under the frameworks.”

 


 

Bill Esterson

 

Kevin Brennan

 

NC24

 

To move the following Clause—

 

         

“Provision of broadband: public communications to small businesses

 

(1)    

The Secretary of State shall by regulations regulate the content of broadband

 

providers’ public communications relating to the broadband speeds offered to

 

small businesses.

 

(2)    

The regulations under subsection (1) shall require that in their communications

 

with small businesses, broadband providers shall communicate the minimum

 

speeds offered as part of their service as well as the range of speeds offered.

 

(3)    

The regulations under subsection (1) shall require broadband providers to offer a

 

break clause in contracts should speeds not meet reasonable expectations.

 

(4)    

The Secretary of State shall direct Ofcom to define reasonable expectations for

 

the purpose of subsection (3).”

 



 
 

Public Bill Committee: 25 February 2016                  

21

 

Enterprise Bill-[Lords], continued

 
 

Bill Esterson

 

Kevin Brennan

 

NC25

 

To move the following Clause—

 

         

“Broadband: rollout

 

(1)    

The Secretary of State may by regulations set targets for electronic

 

communications bodies to roll out, to businesses and commercial organisations,

 

more than 95% coverage of—

 

(a)    

basic broadband,

 

(b)    

superfast broadband, and

 

(c)    

mobile phone coverage

 

by the end of 2016.

 

(2)    

The Secretary of State must prepare and publish an annual report assessing the

 

progress that has been made on the targets provided for by subsection (1), and the

 

impact of—

 

(a)    

basic broadband,

 

(b)    

superfast broadband and

 

(c)    

mobile coverage technology

 

on enterprise and growth in the rural economy.

 

(3)    

The report provided for in subsection (2) should be laid before both Houses of

 

Parliament.”

 


 

Bill Esterson

 

Kevin Brennan

 

NC26

 

To move the following Clause—

 

         

“Broadband: rollout to business parks

 

The Secretary of State shall direct Broadband Delivery UK to include business

 

parks and industrial estates, including those in non-residential areas, in their plans

 

for roll out of universal superfast broadband.”

 


 

Bill Esterson

 

Kevin Brennan

 

NC27

 

To move the following Clause—

 

         

“Protecting small businesses online

 

(1)    

The Secretary of State, after consulting the relevant bodies, shall publish advice

 

and guidance to businesses in relation to keeping their business safe and

 

protecting it against online threats.


 
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Revised 24 February 2016