Session 2015-16
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee: 25 February 2016                  

8

 

Enterprise Bill-[Lords], continued

 
 

(5)    

Regulations under this section may amend the definition in subsection (3)

 

of—

 

(a)    

“Northern Irish apprenticeships”,

 

(b)    

“Scottish apprenticeships”, or

 

(c)    

“Welsh apprenticeships”.

 

General

 

40C    

Wrongful disclosure

 

(1)    

Information disclosed by HMRC under section 40A(1) or 40B(1) may

 

not be disclosed by the recipient of the information to any other person

 

without the consent of HMRC (except so far as permitted by section

 

40A(2) or 40B(2)).

 

(2)    

If a person discloses, in contravention of subsection (1), any revenue and

 

customs information relating to a person whose identity—

 

(a)    

is specified in the disclosure, or

 

(b)    

can be deduced from it,

 

    

section 19 of the Commissioners for Revenue and Customs Act 2005

 

(wrongful disclosure) applies in relation to that disclosure as it applies in

 

relation to a disclosure of such information in contravention of section

 

20(9) of that Act.

 

40D    

Interpretation

 

(1)    

In this Part—

 

“HMRC” means the Commissioners for Her Majesty’s Revenue and

 

Customs;

 

“revenue and customs information relating to a person” has the same

 

meaning as in section 19 of the Commissioners for Revenue and Customs

 

Act 2005 (see section 19(2) of that Act).

 

(2)    

In this Part—

 

(a)    

references to HMRC include references to a person providing

 

services to HMRC;

 

(b)    

references to the Secretary of State include references to a person

 

providing services to the Secretary of State.

 

(3)    

Nothing in this Part affects any power to disclose information that exists

 

apart from this Part.”.

 

(2)    

In section 262(6) of that Act (orders and regulations subject to affirmative

 

procedure) after paragraph (aa) insert—

 

“(aaa)    

regulations under section 40B;”.

 

(3)    

In section 268 of that Act (extent)—

 

(a)    

in subsection (2) (provisions extending to Scotland) for “Sections 40,”

 

substitute “Section 40, Part 1A, sections”, and

 

(b)    

in subsection (3) (provisions extending to Northern Ireland) for

 

“Sections”, in the first place, substitute “Part 1A, sections”.”

 

Member’s explanatory statement

 

This new Clause inserts a new Part into the Apprenticeships, Skills, Children and Learning Act


 
 

Public Bill Committee: 25 February 2016                  

9

 

Enterprise Bill-[Lords], continued

 
 

2009 providing for the sharing of information between HMRC and the Secretary of State, and

 

between HMRC and certain devolved authorities, for purposes connected with apprenticeships.

 


 

Anna Soubry

 

NC4

 

To move the following Clause—

 

         

“Apprenticeship funding

 

In section 100(1A) of the Apprenticeships, Skills, Children and Learning Act

 

2009 (provision of financial resources in connection with approved English

 

apprenticeships)—

 

(a)    

for “approved English apprenticeships”, in both places, substitute

 

“English statutory apprenticeships”, and

 

(b)    

after subsection (4) insert—

 

“(5)    

In this section “English statutory apprenticeship” has the same

 

meaning as in section 40A (see subsection (3) of that section).””

 

Member’s explanatory statement

 

This new Clause expands the Secretary of State’s funding powers in relation to English

 

apprenticeships.

 


 

Anna Soubry

 

NC5

 

To move the following Clause—

 

         

“Market rent only option: rent assessments etc

 

In section 43 of the Small Business, Enterprise and Employment Act 2015 (pubs

 

code: market rent only option), in subsection (6)(b), after “in lieu of rent” insert

 

“(whether or not it results in a proposal that the rent, or amount of money payable,

 

should increase)”.”

 

Member’s explanatory statement

 

This new Clause is intended to replace Clause 33, inserted by opposition amendment in the Lords.

 

The changes are intended to achieve what the Government understands is the intended effect of the

 

Lords amendment, namely to ensure that the Pubs Code will require pub-owning businesses to

 

offer tied pub tenants a market rent only option in connection with a rent assessment (including a

 

rent assessment required at a scheduled rent review) whether the rent proposed is an increase, a

 

decrease or is unchanged.

 



 
 

Public Bill Committee: 25 February 2016                  

10

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC6

 

To move the following Clause—

 

         

“Reports on avoidance

 

In Part 4 of the Small Business, Enterprise and Employment Act 2015 (the Pubs

 

Code Adjudicator and the Pubs Code), after section 71 insert—

 

“71A  

Reports on avoidance

 

(1)    

The Adjudicator must report to the Secretary of State on cases of pub-

 

owning businesses engaging in business practices which are, in the

 

Adjudicator’s opinion, unfair business practices.

 

(2)    

A report under subsection (1) must include recommendations as to—

 

(a)    

actions to be taken to prevent pub-owning businesses from

 

engaging in the business practices reported on, and

 

(b)    

how to provide redress for tied pub tenants affected by those

 

practices.

 

(3)    

The Secretary of State must issue a statement within three months of

 

receiving a report under subsection (1) setting out—

 

(a)    

action which the Secretary of State intends to take to protect tied

 

pub tenants affected by the business practices reported on, or

 

(b)    

if the Secretary of State does not intend to take such action, the

 

reasoning for that decision.

 

(4)    

In this section “unfair business practice” means a business practice

 

which—

 

(a)    

is engaged in by a pub-owning business at any time after the

 

passing of this Act in order to avoid, to the detriment of tied pub

 

tenants, the operation of provision made by or under this Part,

 

and

 

(b)    

is unfair.””

 

Member’s explanatory statement

 

This new Clause is intended to replace Clause 34, inserted by opposition amendment in the Lords.

 

The changes are intended to clarify the effect of the Lords amendment. Instead of containing

 

freestanding provision, the new clause inserts provision into Part 4 of the Small Business,

 

Enterprise and Employment Act 2015. There are small changes to the detail of the drafting,

 

principally to clarify that it applies to all regulations made under Part 4 of the 2015 Act and that

 

the Adjudicator can report on business practices engaged in after royal assent of that Act.

 



 
 

Public Bill Committee: 25 February 2016                  

11

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC22

 

To move the following Clause—

 

         

“The Institute for Apprenticeships

 

    

Schedule (The Institute for Apprenticeships) establishes the Institute for

 

Apprenticeships and makes provision about its functions.”

 

Member’s explanatory statement

 

This new Clause introduces NS2..

 


 

Anna Soubry

 

NC23

 

To move the following Clause—

 

         

“The Institute for Apprenticeships: transitional provision

 

(1)    

Subsection (2) applies to—

 

(a)    

any standard approved and published by the Secretary of State under

 

section A2 of the 2009 Act before the appointed day;

 

(b)    

any plan which—

 

(i)    

relates to the assessment of a person’s attainment of outcomes set

 

out in a standard mentioned in paragraph (a), and

 

(ii)    

was approved and published by the Secretary of State for the

 

purposes of that assessment before the appointed day.

 

(2)    

Such a standard or plan is to be treated on and after the appointed day as having

 

been approved by the Institute for Apprenticeships under section A2A of the 2009

 

Act and published by it under section A2 of that Act (as amended by Schedule

 

(The Institute for Apprenticeships)).

 

(3)    

A standard or plan within subsection (1) is to be treated for the purposes of section

 

A2I of the 2009 Act (as inserted by Schedule (The Institute for Apprenticeships))

 

as having been approved by the Institute for Apprenticeship at the beginning of

 

the appointed day.

 

(4)    

This section does not limit the provision that may be made under clause 37.

 

(5)    

In this section—

 

“the appointed day” means the day on which section A2A of the

 

Apprenticeship, Skills, Children and Learning Act 2009 (inserted by

 

Schedule (The Institute for Apprenticeships)) comes into force;

 

“the 2009 Act” means the Apprenticeships, Skills, Children and Learning

 

Act 2009.”

 

Member’s explanatory statement

 

This new Clause makes transitional provision relating to the establishment of the Institute for

 

Apprenticeships.

 



 
 

Public Bill Committee: 25 February 2016                  

12

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC21

 

To move the following Clause—

 

         

“Extended Sunday opening hours and Sunday working

 

(1)    

The Sunday Trading Act 1994 is amended in accordance with subsections (2) to

 

(4).

 

(2)    

In paragraph 2 of Schedule 1 (which restricts the opening hours of large shops on

 

Sundays), after sub-paragraph (3) insert—

 

  “(3A)  

Sub-paragraph (1) does not apply in relation to the opening of a large

 

shop during any other period on a Sunday in accordance with a consent

 

notice published under paragraph 2A (subject to sub-paragraph (4)).”

 

(3)    

After that paragraph insert—

 

“Consent notices published by Sunday trading authorities

 

2A  (1)  

The Sunday trading authority for an area may publish a notice (a

 

“consent notice”) in accordance with this paragraph providing for

 

large shops in the authority’s area to be permitted to do either or both

 

of the following—

 

(a)    

to open on a Sunday for a continuous period of whatever

 

number of hours is specified in the notice (in addition to the

 

continuous period of six hours mentioned in paragraph 2(3));

 

(b)    

to open on a Sunday at specified times beginning earlier than,

 

or ending later than, the times mentioned in paragraph 2(3).

 

      (2)  

A consent notice published by a Sunday trading authority may apply

 

in relation to the whole or any part of the authority’s area.

 

      (3)  

A Sunday trading authority may, by publishing a further notice, vary

 

or revoke a consent notice that applies in relation to its area.

 

      (4)  

Before varying or revoking a consent notice under sub-paragraph (3),

 

a Sunday trading authority must give reasonable notice to occupiers of

 

large shops whose opening hours on Sundays would be affected by the

 

variation or revocation.

 

      (5)  

Publication of a notice under this paragraph may take whatever form

 

the authority publishing it thinks appropriate for the purpose of

 

bringing the notice to the attention of occupiers of large shops in the

 

area to which the notice relates.

 

      (6)  

Subject to sub-paragraph (7), the Sunday trading authority for an area

 

is the local authority for the area.

 

      (7)  

In relation to the area of Greater London, the Sunday trading authority

 

is the Mayor of London acting on behalf of the Greater London

 

Authority.”

 

(4)    

Accordingly—

 

(a)    

in paragraph 2 of Schedule 1 (restrictions on Sunday opening)—

 

(i)    

in sub-paragraph (1), for “and (3)” substitute “, (3) and (3A)”;

 

(ii)    

in sub-paragraph (4), for “exemption conferred by sub-paragraph

 

(3) above does” substitute “exemptions conferred by sub-

 

paragraphs (3) and (3A) do”;


 
 

Public Bill Committee: 25 February 2016                  

13

 

Enterprise Bill-[Lords], continued

 
 

(b)    

in paragraph 6 of that Schedule (duty to display notice), after “sub-

 

paragraph (3)” insert “or (3A)”;

 

(c)    

in paragraph 8 of that Schedule (defence to an offence of contravening

 

opening restrictions), after “paragraph 2(3)” insert “or (3A)”;

 

(d)    

in paragraph 1(a) of Schedule 3 (loading and unloading at large shops on

 

Sunday morning: application), after “paragraph 2(3)” insert “or (3A)”.

 

(5)    

Schedule (Sunday opening hours: rights of shop workers), which contains

 

amendments of employment legislation relating to the rights of shop workers to

 

opt out of working on Sunday, has effect.”

 

Member’s explanatory statement

 

This new Clause amends the Sunday Trading Act 1994, giving powers to local areas to extend

 

Sunday trading hours for large shops (with a retail floor area greater than 280 square metres).

 

The extended hours can apply to the whole or part of the local area. The new Clause also

 

introduces a new Schedule to the Bill containing amendments to the Employment Rights Act 1996

 

and the Employment Act 2002 in relation to Sunday working.

 


 

Bill Esterson

 

Kevin Brennan

 

NC7

 

To move the following Clause—

 

         

“Companies: Payment terms with suppliers

 

(1)    

On the advice of the Commissioner, the Secretary of State may make

 

regulations—

 

(a)    

imposing a limit on the number of days after receipt of a supplier’s

 

invoice a company can seek to challenge that invoice,

 

(b)    

prohibiting the practice of a company seeking to change the payment

 

terms of a supplier company unilaterally, and

 

(c)    

prohibiting a company from requiring a supplier company to make a

 

payment in order to join that company’s list of suppliers.

 

(2)    

The regulations may make provision for a prescribed breach by a prescribed

 

description of person of a requirement or prohibition imposed by the regulations

 

to be an offence punishable on summary conviction—

 

(a)    

in England and Wales by a fine, and

 

(b)    

in Scotland or Northern Ireland, by a fine not exceeding level 5 on the

 

standard scale.

 

(3)    

The regulations may specify the size of company and supplier company to which

 

they will apply.

 

(4)    

Before making regulations under this section the Secretary of State must consult

 

such persons as the Secretary of State considers appropriate.

 

(5)    

Regulations under this section are subject to affirmative resolution procedure.

 

(6)    

For the purposes of this section—

 

“company” has the meaning given by section 1(1) of the Companies Act

 

2006,

 

“prescribed” means prescribed by the regulations.”

 

Member’s explanatory statement

 

This new Clause would empower the Secretary of State to make regulations: (a) to impose a limit

 

on the number of days after the receipt of a supplier’s invoice a company may challenge that

 

invoice; (b) to prohibit a company changing the payment terms to a supplier company unilaterally;


 
 

Public Bill Committee: 25 February 2016                  

14

 

Enterprise Bill-[Lords], continued

 
 

and (c) to prohibit a company from requiring a supplier company to make a payment in order to

 

join that company’s list of suppliers.

 


 

Bill Esterson

 

Kevin Brennan

 

NC8

 

To move the following Clause—

 

         

“Power to facilitate group litigation or representative action

 

(1)    

The Small Business Commissioner may facilitate group litigation or

 

representative action taken by a number of small business claimants in a case

 

where a number of small businesses have complaints against the same company

 

which share common characteristics.

 

(2)    

The complaints outlined in subsection (1) must—

 

(a)    

be found to be legitimate and

 

(b)    

not have been dismissed prior to the Commissioner initiating group

 

litigation or representative action.”

 

Member’s explanatory statement

 

This new Clause would empower the Small Business Commissioner to facilitate class actions.

 


 

Bill Esterson

 

Kevin Brennan

 

Hannah Bardell

 

NC9

 

To move the following Clause—

 

         

“Duty to Pay: Private sector

 

(1)    

Companies in the private sector are required to settle all outstanding payments to

 

their small business suppliers.

 

(2)    

Where companies fail to make payments to their small business suppliers on time

 

it is a requirement that companies 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,


 
PreviousBack to StartNext
 

Revised 24 February 2016