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Notices of Amendments: 2 February 2016                  

8

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Devolved Welsh matters

 

(1)    

The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

 

(2)    

In each of the following provisions, for “Welsh ministerial” substitute “devolved

 

Welsh”—

 

(a)    

in section 4 (meaning of “relevant function”), subsections (6) and (8)(b);

 

(b)    

in section 6 (guidance to local authorities), subsections (1) and (1A);

 

(c)    

in section 10 (advice to Welsh Ministers), subsection (1)(a);

 

(d)    

in section 12 (relationship between Secretary of State and other

 

regulators), subsection (3);

 

(e)    

in section 16 (guidance or directions by Welsh Ministers), subsection (1);

 

(f)    

in section 36 (power to make orders providing for civil sanctions),

 

subsection (2);

 

(g)    

in section 59 (consultation and consent for civil sanctions orders: Wales),

 

subsection (2);

 

(h)    

in section 73 (functions to which duty not to impose or maintain

 

unnecessary regulatory burdens applies), subsections (3)(c), (4)(c) and

 

(5).

 

(3)    

In section 73 (functions to which section 72 applies), in subsections (3)(c) and

 

(4)(c), for “in Wales” substitute “in relation to Wales”.

 

(4)    

In section 74 (general interpretation)—

 

(a)    

omit the definition of “Welsh ministerial matter”;

 

(b)    

before the definition of “Minister of the Crown” insert—

 

““devolved Welsh matter” means —

 

(a)    

a matter within the legislative competence of the

 

National Assembly for Wales (see section 108 of the

 

Government of Wales Act 2006), or

 

(b)    

a matter in relation to Wales in respect of which

 

functions are exercisable by the Welsh Ministers,

 

and in this definition “Wales” has the same meaning as in the

 

Government of Wales Act 2006;”.”

 

Member’s explanatory statement

 

See the explanatory statements for amendments 1 and 2.

 

 



 
 

Notices of Amendments: 2 February 2016                  

9

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Apprenticeships: information sharing

 

(1)    

After Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009

 

(apprenticeships, study and training) insert—

 

“Part 1A

 

Apprenticeships: information sharing

 

England

 

40A    

Sharing of information by HMRC and the Secretary of State

 

(1)    

HMRC may disclose information held by them to the Secretary of State

 

for the purpose of the Secretary of State’s functions in relation to English

 

statutory apprenticeships.

 

(2)    

The Secretary of State may disclose information to HMRC—

 

(a)    

for the purpose of requesting HMRC to disclose information

 

under subsection (1), or

 

(b)    

for another purpose connected with the Secretary of State’s

 

functions in relation to English statutory apprenticeships.

 

(3)    

In this section “English statutory apprenticeships” means—

 

(a)    

approved English apprenticeships within the meaning given in

 

section A1;

 

(b)    

apprenticeships undertaken under apprenticeship agreements

 

within the meaning given in section 32 that were entered into in

 

connection with recognised English frameworks;

 

(c)    

apprenticeships in relation to which alternative English

 

completion arrangements apply under section 1(5);

 

(d)    

apprenticeships undertaken under arrangements made in relation

 

to England under section 2 of the Employment and Training Act

 

1973 that are identified by the person making them as

 

arrangements for the provision of apprenticeships.

 

Wales, Scotland and Northern Ireland

 

40B    

Sharing of information by HMRC and devolved authorities

 

(1)    

HMRC may disclose information held by them—

 

(a)    

to a Welsh authority for the purpose of the authority’s functions

 

in relation to Welsh apprenticeships;

 

(b)    

to a Scottish authority for the purpose of the authority’s functions

 

in relation to Scottish apprenticeships;

 

(c)    

to a Northern Irish authority for the purpose of the authority’s

 

functions in relation to Northern Irish apprenticeships.

 

(2)    

An authority mentioned in paragraph (a), (b) or (c) of subsection (1) may

 

disclose information to HMRC—

 

(a)    

for the purpose of requesting HMRC to disclose information to

 

the authority under subsection (1), or


 
 

Notices of Amendments: 2 February 2016                  

10

 

Enterprise Bill-[Lords], continued

 
 

(b)    

for another purpose connected with the authority’s functions

 

mentioned in subsection (1).

 

(3)    

In this section—

 

“Northern Irish apprenticeships” means apprenticeships undertaken under

 

arrangements made under section 1 of the Employment and Training Act

 

(Northern Ireland) 1950 that are identified by the person making them as

 

arrangements for the provision of apprenticeships;

 

“Northern Irish authority” means—

 

(a)    

a Northern Ireland department, and

 

(b)    

any body or other person that is prescribed, or of a prescribed

 

description;

 

“Scottish apprenticeships” means apprenticeships undertaken under

 

arrangements made—

 

(a)    

in relation to Scotland, under section 2 of the Employment and

 

Training Act 1973, or

 

(b)    

under section 2(3) of the Enterprise and New Towns (Scotland)

 

Act 1990,

 

that are identified by the person making them as arrangements for the

 

provision of apprenticeships;

 

“Scottish authority” means—

 

(a)    

the Scottish Ministers, and

 

(b)    

any body or other person that is prescribed, or of a prescribed

 

description;

 

“Welsh apprenticeships” means—

 

(a)    

apprenticeships undertaken under apprenticeship agreements

 

within the meaning given in section 32 that were entered into in

 

connection with recognised Welsh frameworks;

 

(b)    

apprenticeships in relation to which alternative Welsh

 

completion arrangements apply under section 2(5);

 

(c)    

apprenticeships undertaken under arrangements made in relation

 

to Wales under—

 

(i)    

section 2 of the Employment and Training Act

 

1973, or

 

(ii)    

section 17B of the Jobseekers Act 1995,

 

    

that are identified by the person making them as arrangements

 

for the provision of apprenticeships;

 

“Welsh authority” means—

 

(a)    

the Welsh Ministers, and

 

(b)    

any body or other person that is prescribed, or of a prescribed

 

description.

 

(4)    

In subsection (3)—

 

(a)    

the reference to a Northern Ireland department includes a

 

reference to a person providing services to a Northern Ireland

 

department;

 

(b)    

the reference to the Scottish Ministers includes a reference to a

 

person providing services to the Scottish Ministers;

 

(c)    

the reference to the Welsh Ministers includes a reference to a

 

person providing services to the Welsh Ministers.


 
 

Notices of Amendments: 2 February 2016                  

11

 

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”.”


 
 

Notices of Amendments: 2 February 2016                  

12

 

Enterprise Bill-[Lords], continued

 
 

Member’s explanatory statement

 

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

 

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

 

Parliamentary Star    

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 clause expands the Secretary of State’s funding powers in relation to English apprenticeships.

 

 

ORDER OF THE HOUSE [2 February 2016]

 

That the following provisions shall apply to the Enterprise Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 25 February 2016.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in Legislative Grand

 

Committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.


 
 

Notices of Amendments: 2 February 2016                  

13

 

Enterprise Bill-[Lords], continued

 
 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 


 
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Revised 03 February 2016