Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 11 February 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 94, NC22, NC23, NS1(a) and NS2

 

Public Bill Committee


 

Enterprise Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order of the Committee [9 February 2016].

 


 

Anna Soubry

 

10

 

Clause  26,  page  43,  line  31,  after “English list” insert “or a Welsh list”

 

Member’s explanatory statement

 

This amendment and amendments 11 to 15 extend the amendments made by clause 26 to section

 

55 of the Local Government and Finance Act 1988, which currently apply to England only, so that

 

the Welsh Ministers have the same power by regulations to make provision in relation to proposals

 

to alter local or central non-domestic rating lists for Wales.

 

Anna Soubry

 

11

 

Clause  26,  page  44,  line  5,  leave out “Consolidated Fund” and insert “appropriate

 

fund”

 

Member’s explanatory statement

 

This amendment and amendment 14 ensure that, where regulations under section 55 of the Local

 

Government and Finance Act 1988 provide for valuation officers to impose financial penalties

 

regarding the provision of false information in relation to a proposal to alter a Welsh list, the

 

regulations must require the sums received to be paid into the Welsh Consolidated Fund.


 
 

Notices of Amendments: 11 February 2016                  

2

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

12

 

Clause  26,  page  44,  line  14,  after “English list” and insert “or a Welsh list”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 10.

 

Anna Soubry

 

13

 

Clause  26,  page  44,  line  24,  leave out “Consolidated Fund” and insert “appropriate

 

fund”

 

Member’s explanatory statement

 

This amendment and amendment 14 enable regulations under section 55 of the Local Government

 

and Finance Act 1988 to make provision about the payment of fees into the Welsh Consolidated

 

Fund where the fees are paid by ratepayers in relation to appeals relating to proposals to alter a

 

Welsh list.

 

Anna Soubry

 

14

 

Clause  26,  page  44,  line  27,  at end insert—

 

“( )    

After subsection (7A) insert—

 

“(7B)    

For the purposes of subsections (4B)(b) and (5A)(d) “the appropriate

 

fund” means—

 

(a)    

where the provision made by virtue of subsection (4A)(c) or (5)

 

is in relation to a proposal to alter an English list, the

 

Consolidated Fund, and

 

(b)    

where the provision made by virtue of subsection (4A)(c) or (5)

 

is in relation to a proposal to alter a Welsh list, the Welsh

 

Consolidated Fund.””

 

Member’s explanatory statement

 

See the explanatory statement for amendments 11 and 13.

 

Anna Soubry

 

15

 

Clause  26,  page  44,  line  39,  at end insert—

 

““Welsh list” means—

 

(a)    

a local non-domestic rating list that has to be compiled for a

 

billing authority in Wales, or

 

(b)    

the central non-domestic rating list that has to be compiled for

 

Wales.””

 

Member’s explanatory statement

 

See the explanatory statement for amendment 10.

 

Anna Soubry

 

16

 

Clause  26,  page  44,  line  47,  leave out from “unless” to end of line 48 and insert “—

 

(a)    

where those regulations relate to a proposal to alter an English

 

list, a draft of the instrument has been laid before and approved

 

by a resolution of each House of Parliament;

 

(b)    

where those regulations relate to a proposal to alter a Welsh list,

 

a draft of the instrument has been laid before and approved by a

 

resolution of the National Assembly for Wales.”

 

Member’s explanatory statement

 

This amendment and amendments 17 and 18 provide for regulations made by the Welsh Ministers


 
 

Notices of Amendments: 11 February 2016                  

3

 

Enterprise Bill-[Lords], continued

 
 

under section 55 of the Local Government and Finance Act 1988 as amended by amendments 10

 

to 15 to be subject to procedure before the National Assembly for Wales equivalent to the

 

procedure before Parliament which is required for corresponding regulations made by the

 

Secretary of State under that section.

 

Anna Soubry

 

17

 

Clause  26,  page  45,  line  2,  leave out from “is” to end of line 3 and insert “—

 

(a)    

in the case of regulations relating to England, subject to

 

annulment in pursuance of a resolution of either House of

 

Parliament;

 

(b)    

in the case of regulations relating to Wales, subject to annulment

 

in pursuance of a resolution of the National Assembly for

 

Wales.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 16.

 

Anna Soubry

 

18

 

Clause  26,  page  45,  line  3,  at end insert—

 

“(3G)    

In subsection (3E), “English list” and “Welsh list” have the same

 

meaning as in section 55.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 16.

 


 

Anna Soubry

 

30

 

Page  48,  line  23,  leave out Clause 32

 

Member’s explanatory statement

 

This amendment would remove Clause 32.

 


 

Anna Soubry

 

31

 

Page  49,  line  16,  leave out Clause 33

 

Member’s explanatory statement

 

This amendment would remove Clause 33.

 



 
 

Notices of Amendments: 11 February 2016                  

4

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

32

 

Page  49,  line  38,  leave out Clause 34

 

Member’s explanatory statement

 

This amendment would remove Clause 34.

 


 

New Clauses

 

Anna Soubry

 

NC1

 

To move the following Clause—

 

         

“Power of Welsh Ministers to apply regulators’ principles and code of

 

practice

 

    

In section 24 of the Legislative and Regulatory Reform Act 2006 (application of

 

regulators’ principles and code of practice to functions specified by order)—

 

(a)    

for paragraph (c) of subsection (3) (Wales: limit on power of Minister of

 

the Crown to specify functions) substitute—

 

“(c)    

a Welsh regulatory function.”;

 

(b)    

in subsection (4) (power of Welsh Ministers to specify functions) for

 

“regulatory functions exercisable only in or as regards Wales” substitute

 

“Welsh regulatory functions”;

 

(c)    

in subsection (10) (definitions) at the appropriate place insert—

 

““Welsh regulatory function” means a regulatory function, so far as

 

exercisable in relation to Wales, if or to the extent that the

 

function relates to matters—

 

(a)    

within the legislative competence of the National

 

Assembly for Wales (see section 108 of the Government

 

of Wales Act 2006), or

 

(b)    

in respect of which functions are exercisable by the

 

Welsh Ministers.”.”

 

Member’s explanatory statement

 

This new Clause gives power to the Welsh Ministers (instead of a Minister of the Crown) to make

 

orders applying the regulators’ principles and code of practice in relation to functions relating to

 

matters within the legislative competence of the National Assembly for Wales, or in respect of

 

which functions are exercisable by the Welsh Ministers.

 



 
 

Notices of Amendments: 11 February 2016                  

5

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC2

 

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: 11 February 2016                  

6

 

Enterprise Bill-[Lords], continued

 
 

Anna Soubry

 

NC3

 

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.


 
 

Notices of Amendments: 11 February 2016                  

7

 

Enterprise Bill-[Lords], continued

 
 

(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

 

(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;


 
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Revised 11 February 2016