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Enterprise Bill (HC Bill 112)

Enterprise BillPage 50

(a) actions to be taken to prevent pub-owning businesses from engaging in
unfair business practices in order to avoid the provision in Part 4 of the
2015 Act; and

(b) provisions of redress for any affected pub tenant.

(3) 5The Secretary of State shall issue a statement within three months of receiving
any report under subsection (1) outlining what action he or she intends to take
to protect the tenant, and if none is to be taken, the reasoning for that decision.

Part 8 Public sector employment: restrictions on exit payments

35 10Restriction on public sector exit payments

(1) Before section 154 of the Small Business, Enterprise and Employment Act 2015
(but after the italic heading preceding that section) insert—

153A Regulations to restrict public sector exit payments

(1) Regulations may make provision to secure that the total amount of exit
15payments made to a person in respect of a relevant public sector exit
does not exceed £95,000.

(2) Where provision is made under subsection (1) it must also secure that
if, in any period of 28 consecutive days, two or more relevant public
sector exits occur in respect of the same person, the total amount of exit
20payments made to the person in respect of those exits does not exceed
the amount provided for in subsection (1).

(3) An exit payment is in respect of a relevant public sector exit if it is
made—

(a) to an employee of a prescribed public sector authority in
25consequence of the employee leaving employment, or

(b) to a holder of a prescribed public sector office in consequence of
the office-holder leaving office.

(4) An exit payment is a payment of a prescribed description.

(5) The descriptions of payment which may be prescribed include—

(a) 30any payment on account of dismissal by reason of redundancy
(read in accordance with section 139 of the Employment Rights
Act 1996);

(b) any payment on voluntary exit;

(c) any payment to reduce or eliminate an actuarial reduction to a
35pension on early retirement or in respect of the cost to a pension
scheme of such a reduction not being made;

(d) any severance payment or other ex gratia payment;

(e) any payment in respect of an outstanding entitlement;

(f) any payment of compensation under the terms of a contract;

(g) 40any payment in lieu of notice;

(h) any payment in the form of shares or share options.

(6) In this section a reference to a payment made to a person includes a
reference to a payment made in respect of that person to another
person.

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(7) For the purposes of subsection (2), a public sector exit occurs when the
person leaves the employment or office in question (regardless of when
any exit payment is made).

(8) Regulations may include—

(a) 5provision which exempts from any provision made under
subsection (1) exit payments, or exit payments of a prescribed
description, made in prescribed circumstances;

(b) provision which, in consequence of provision made under
subsection (1), amends a relevant public sector scheme so as to
10make any duty or power under the scheme to make exit
payments subject to any restriction imposed by regulations
under subsection (1) (taking account of any relaxation of such a
restriction which may be made under section 153C);

(c) provision which makes an amendment of any provision made
15by or under an enactment (whenever passed or made) which is
necessary or expedient in consequence of any provision made
by or under this section.

(9) Regulations may substitute a different amount for the amount for the
time being specified in subsection (1).

(10) 20Nothing in this section applies in relation to payments made by
authorities who wholly or mainly exercise functions which could be
conferred by provision included in an Act of the Northern Ireland
Assembly made without the consent of the Secretary of State (see
sections 6 to 8 of the Northern Ireland Act 1998).

(11) 25In this section—

  • “enactment” includes an Act of the Scottish Parliament, a Measure
    or Act of the National Assembly for Wales and Northern
    Ireland legislation;

  • “prescribed” means prescribed by regulations under this section;

  • 30“relevant public sector scheme” means—

    (a)

    a scheme under section 1 of the Superannuation Act
    1972 (civil servants);

    (b)

    a scheme under section 7 of that Act (local government
    workers);

    (c)

    35a scheme under section 9 of that Act (teachers);

    (d)

    a scheme under section 10 of that Act (health service
    workers);

    (e)

    a scheme under section 1 of the Public Service Pensions
    Act 2013 (schemes for persons in public service);

    (f)

    40a scheme under section 26 of the Fire Services Act 1947
    or section 34 of the Fire and Rescue Services Act 2004
    (fire and rescue workers);

    (g)

    a scheme under section 1 of the Police Pensions Act 1976
    or section 48 of the Police and Fire Reform (Scotland)
    45Act 2012 (members of police forces);

    (h)

    any other prescribed scheme (whether established by or
    under an enactment or otherwise).

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153B Supplementary provision about regulations under section 153A

(1) Subject to subsection (2), the power to make regulations under section
153A is exercisable—

(a) by the Scottish Ministers, in relation to payments made by a
5relevant Scottish authority;

(b) by the Treasury, in relation to any other payments.

(2) Where the relevant Scottish authority is the Scottish Administration (or
a part of it) the power to make regulations under section 153A is
exercisable by the Treasury (instead of the Scottish Ministers)—

(a) 10in relation to payments made to 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) in relation to payments made to members of the staff of the
Scottish Administration (read in accordance with section
15126(7)(b) of that Act).

(3) The power to make provision of the kind mentioned in section
153A(8)(b) (power to amend public sector schemes), so far as
exercisable by the Treasury, is also exercisable concurrently by any
other Minister of the Crown (within the meaning of the Ministers of the
20Crown Act 1975) with the consent of the Treasury.

(4) Regulations under section 153A—

(a) if made by the Treasury, are subject to the affirmative resolution
procedure;

(b) if made by the Scottish Ministers, are subject to the affirmative
25procedure.

(5) In this section “relevant Scottish authority” means—

(a) the Scottish Parliamentary Corporate Body, or

(b) any authority which wholly or mainly exercises functions
within devolved competence (within the meaning of section 54
30of the Scotland Act 1998).

153C Power to relax restriction on public sector exit payments

(1) A Minister of the Crown may relax any restriction imposed by
regulations made by the Treasury under section 153A.

(2) The Scottish Ministers may relax any restriction imposed by
35regulations made by the Scottish Ministers under section 153A.

(3) A requirement may be relaxed—

(a) in respect of a particular employee or office-holder or a
description of employees or office-holders;

(b) in relation to the whole or any part of an exit payment, or a
40description of exit payments.

(4) Regulations under section 153A made by the Treasury may—

(a) make provision for the power under subsection (1) to be
exercisable on behalf of a Minister of the Crown by a person
specified in the regulations;

(b) 45make provision for a requirement to be relaxed only—

(i) with the consent of the Treasury, or

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(ii) following compliance with any directions given by the
Treasury;

(c) make provision as to the publication of information about any
relaxation of a requirement granted.

(5) 5Regulations under section 153A made by the Scottish Ministers may—

(a) make provision for the power under subsection (2) to be
exercisable on behalf of the Scottish Ministers by a person
specified in the regulations;

(b) where provision is made by virtue of paragraph (a), make
10provision for a requirement to be relaxed only—

(i) with the consent of the Scottish Ministers, or

(ii) following compliance with any directions given by the
Scottish Ministers;

(c) make provision as to the publication of information about any
15relaxation of a requirement granted.

(6) Regulations under section 153A(1) made by the Treasury may make
provision for the power conferred on a Minister of the Crown by
subsection (1) to be exercised instead by the Welsh Ministers, in relation
to exit payments made by an authority who wholly or mainly exercises
20functions which could be conferred by provision falling within the
legislative competence of the National Assembly for Wales (as defined
in section 108 of the Government of Wales Act 2006).

(7) In this section “Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975.”

(2) 25Schedule 4 makes amendments consequential on subsection (1), and related
provision.

Part 9 General provisions

36 Consequential amendments, repeals and revocations

(1) 30The Secretary of State or the Treasury may by regulations make such provision
as appears to the Secretary of State or the Treasury to be appropriate in
consequence of this Act.

(2) The power conferred by subsection (1) includes power—

(a) to make transitional, transitory or saving provision;

(b) 35to amend, repeal, revoke or otherwise modify any provision made by
or under an enactment (including an enactment passed or made in the
same Session as this Act).

(3) Regulations under this section are to be made by statutory instrument.

(4) An instrument containing regulations under this section which amend, repeal
40or revoke any provision of primary legislation may not be made unless a draft
of the instrument has been laid before Parliament and approved by a
resolution of each House of Parliament.

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(5) Subject to that, an instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(6) In this section—

  • 5“enactment” includes any provision of primary legislation;

  • “primary legislation” means—

    (a)

    an Act of Parliament,

    (b)

    an Act of the Scottish Parliament,

    (c)

    a Measure or Act of the National Assembly for Wales, and

    (d)

    10Northern Ireland legislation.

37 Transitional, transitory or saving provision

The Secretary of State or the Treasury may by regulations made by statutory
instrument make such transitional, transitory or saving provision as the
Secretary of State or the Treasury considers appropriate in connection with the
15coming into force of any provision of this Act.

38 Commencement

(1) The following provisions of this Act come into force on the day on which this
Act is passed—

(a) any power to make regulations under Part

201

(Small Business
Commissioner);

(b) section 14 (extension of business impact target to provisions made by
regulators) for the purpose of enabling the exercise of the power to
25make regulations under subsection (9) of section 22 of the Small
Business, Enterprise and Employment Act 2015 (as inserted by section
14);

(c) section 19 and Schedule 3 (extension of primary authority scheme) for
the purpose of enabling the exercise of any power to make regulations
30under any provision of the Regulatory Enforcement and Sanctions Act
2008 inserted by that section or Schedule;

(d) section 31 (UK Green Investment Bank: transitional provision);

(e) this Part.

(2) The following provisions of this Act come into force at the end of the period of
352 months beginning with the day on which this Act is passed—

(a) section 14 (extension of business impact target to provisions made by
regulators) (so far as not already in force under subsection (1));

(b) section 17 (application of regulators’ principles and code: removal of
restrictions);

(c) 40section 20 (public sector apprenticeship targets);

(d) section 25 (disclosure of HMRC information in connection with non-
domestic rating);

(e) section 26 (alteration of non-domestic rating lists);

(f) sections 27 and 28 (industrial development);

(g) 45Schedule 2 (business impact target: consequential and related
amendments).

(3) Sections 22 to 24 (late payment of insurance claims) come into force at the end
of the period of one year beginning with the day on which this Act is passed

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(and section 23(2) of the Insurance Act 2015 (which provides for the coming
into force of provisions of that Act) does not apply to the provisions inserted
into that Act by those sections).

(4) Section 35 and Schedule 4 (restriction on public sector exit payments) come into
5force on such day as the Treasury may by regulations appoint.

(5) The remaining provisions of this Act come into force on such day as the
Secretary of State may by regulations appoint.

(6) Regulations under this section are to be made by statutory instrument.

(7) Regulations under this section may appoint different days—

(a) 10for different purposes;

(b) for different areas.

39 Extent

(1) The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—

(a) 15Part

1

(Small Business Commissioner) (except paragraphs 1 and 15 of
Schedule 1);

(b) Part

205

(late payment of insurance claims);

(c) section 28 (grants etc towards electronic communications services and
networks), except subsection (2);

(d) section 29 (UK Government Investments Limited);

(e) 25section 31 (UK Green Investment Bank: transitional provision);

(f) paragraphs 4 and 5(2) and (3) of Schedule 4 (public sector exit
payments: amendments of public sector schemes);

(g) this Part.

(2) Section 28(2) extends to England and Wales and Scotland.

(3) 30Paragraphs 1 and 15 of Schedule 1 (establishment of Small Business
Commissioner as corporation sole and provisions about the application of the
seal etc) extend to England and Wales and Northern Ireland.

(4) Any amendment, repeal or revocation made by this Act has the same extent as
the enactment amended, repealed or revoked.

40 35Short title

(1) This Act may be cited as the Enterprise Act 2015.


(2)

(2) Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
40in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

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SCHEDULES

Section 1

SCHEDULE 1 The Small Business Commissioner

Status

1 5The Commissioner is a corporation sole.

Appointment of Commissioner

2 The Commissioner is to be appointed by the Secretary of State.

Deputy Commissioners

3 The Secretary of State may appoint one or more Deputy Commissioners.

4 10The Commissioner may delegate any of the Commissioner’s functions to a
Deputy Commissioner.

Term of office etc

5 A person holds and vacates office as the Commissioner or a Deputy
Commissioner in accordance with the terms of the appointment, but—

(a) 15the initial term of office may not be more than 4 years,

(b) a person may be appointed for no more than 2 further terms of office
(whether as the Commissioner or a Deputy Commissioner),

(c) a further term may not be more than 3 years,

(d) the person may resign by giving written notice to the Secretary of
20State, and

(e) the Secretary of State may dismiss the person if satisfied that the
person is unable, unwilling or unfit to perform his or her functions.

Remuneration

6 The Secretary of State may pay to or in respect of the person holding office
25as the Commissioner or a Deputy Commissioner—

(a) remuneration;

(b) allowances;

(c) sums by way of or in respect of pensions.

Commissioner and Deputy Commissioners not civil servants

7 30Service as the Commissioner or a Deputy Commissioner is not service in the
civil service of the state.

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Acting as Commissioner during vacancy etc

8 (1) The nominated person is to act as Commissioner—

(a) during any vacancy in the office of Commissioner, or

(b) if the Commissioner is disqualified.

(2) 5The nominated person means—

(a) if there is only one Deputy Commissioner who is not disqualified,
that Deputy Commissioner,

(b) if there is more than one Deputy Commissioner who is not
disqualified, such of them as the Secretary of State appoints to act as
10Commissioner,

(c) if neither paragraph (a) nor (b) applies, a member of the
Commissioner’s staff appointed under paragraph 11, or seconded
under paragraph 12, who is appointed by the Secretary of State to act
as Commissioner.

(3) 15For the purposes of this paragraph a person is “disqualified” if the person is
absent, subject to suspension or unable to act (whether as a result of
arrangements under paragraph 9 or otherwise).

Conflicts of interest

9 (1) The Commissioner must make procedural arrangements for dealing with
20any conflict of interest affecting—

(a) the Commissioner,

(b) a Deputy Commissioner,

(c) a member of staff acting as the Commissioner under paragraph
8(2)(c), or

(d) 25any other staff working for the Commissioner.

(2) The Commissioner must consult the Secretary of State before making or
revising the arrangements.

(3) The Commissioner must publish a summary of the arrangements.

Validity of acts

10 30A defect in appointment does not affect the validity of things done by the
Commissioner, a Deputy Commissioner or a member of staff acting as the
Commissioner under paragraph 8(2)(c).

Staff

11 (1) The Commissioner may appoint staff.

(2) 35Staff are to be appointed on terms and conditions determined by the
Commissioner.

(3) The terms and conditions on which a member of staff is appointed may
provide for the Commissioner to pay to or in respect of the member of
staff—

(a) 40remuneration;

(b) allowances;

(c) sums by way of or in respect of pensions.

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(4) Service as a member of the Commissioner’s staff appointed under sub-
paragraph (1) is not service in the civil service of the state.

12 (1) The Commissioner may make arrangements for persons to be seconded to
the Commissioner to serve as members of the Commissioner’s staff.

(2) 5The arrangements may include provision for payments by the
Commissioner to the person with whom the arrangements are made or
directly to seconded staff (or both).

(3) A period of secondment to the Commissioner does not affect the continuity
of a person’s employment with the employer from whose service he or she
10is seconded (and, in particular, nothing in paragraph 11(4) affects such a
person’s continuity of service in the civil service of the state).

13 Before appointing staff under paragraph 11 or making arrangements under
paragraph 12(1), the Commissioner must obtain the approval of the
Secretary of State as to the Commissioner’s policies on—

(a) 15the number of staff to be appointed or seconded;

(b) payments to be made to or in respect of staff;

(c) the terms and conditions on which staff are to be appointed or
seconded.

Financial and other assistance from the Secretary of State

14 (1) 20The Secretary of State may make payments and provide other financial
assistance to the Commissioner.

(2) The Secretary of State may—

(a) provide staff in accordance with arrangements made by the
Secretary of State and the Commissioner under paragraph 12;

(b) 25provide premises, facilities or other assistance to the Commissioner.

Application of seal and proof of documents

15 (1) The application of the Commissioner’s seal must be authenticated by the
signature of—

(a) the Commissioner, or

(b) 30a person who has been authorised by the Commissioner for that
purpose (whether generally or specially).

(2) A document purporting to be duly executed under the seal—

(a) is to be received in evidence, and

(b) is to be treated as duly executed unless the contrary is shown.

35Incidental powers

16 The Commissioner may do anything that is calculated to facilitate the
carrying out of the Commissioner’s functions or is conducive or incidental
to the carrying out of those functions.

Exemption from liability for damages

17 (1) 40The following are exempt from liability in damages for anything done or
omitted in the exercise or purported exercise of their functions—

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(a) the Commissioner,

(b) a Deputy Commissioner,

(c) a member of staff acting as the Commissioner under paragraph
8(2)(c), and

(d) 5any other staff working for the Commissioner.

(2) But sub-paragraph (1) does not apply—

(a) if the act or omission is shown to have been in bad faith, or

(b) so as to prevent an award of damages made in respect of an act or
omission on the ground that the act or omission was unlawful as a
10result of section 6(1) of the Human Rights Act 1998 (acts of public
authorities).

Parliamentary Commissioner Act 1967

18 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), at the appropriate place insert—

  • 15“Small Business Commissioner.”

House of Commons Disqualification Act 1975

19 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices), at the appropriate place insert—

  • “Small Business Commissioner or Deputy Small Business
    20Commissioner.”

Northern Ireland Assembly Disqualification Act 1975

20 In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices), at the appropriate place insert—

  • “Small Business Commissioner or Deputy Small Business
    25Commissioner.”

Freedom of Information Act 2000

21 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), at the appropriate place insert—

  • “Small Business Commissioner.”

Section 14

30SCHEDULE 2 Business impact target: consequential and related amendments

1 The Small Business, Enterprise and Employment Act 2015 is amended as
follows.

2 (1) In section 23 (Secretary of State’s duty to publish reports in respect of the
35business impact target), subsection (3) (things to be included in a report) is
amended as follows.

(2) Omit the “and” at the end of paragraph (e).

(3) In paragraph (f) (report to include a list of certain regulatory provisions) for